Starbank West Corp. v. Toronto (City), 2025 CanLII 88168

ISSUE DATE: August 27, 2025

CASE NO.: OLT-22-004599

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Starbank West Corp.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the development of a 9-storey condo with 58 dwelling units

Reference Number: 21 231202 NNY 08 OZ

Property Address: 1648-1670 Avenue Road & 405-407 Brookdale Avenue

Municipality/UT: City of Toronto

OLT Case No.: OLT-22-004599

OLT Lead Case No.: OLT-22-004599

OLT Case Name: Starbank West Corp. v. Toronto (City)

BEFORE:

C. HARDY, VICE-CHAIR J. GOLD, MEMBER Thursday, the 21st day of August, 2025

WHEREAS Starbank West Corp. (the “Applicant/Appellant”) is the owner of lands located at the 1648-1670 Avenue Road and 405-407 Brookdale Avenue, in the City of Toronto (the “City”), and municipally known as 1648-1670 Avenue Road and 405-407 Brookdale Avenue (the “Lands”);

AND WHEREAS the Applicant on October 25, 2021, submitted an application to amend the former City of North York Zoning By-law 7625, as amended by By-law 107-201 and By-law 569-2013 (the “ZBA”) to permit the development of a nine (9) storey residential condominium with 58 dwelling units;

AND WHEREAS the Applicant appealed the ZBA application to the Ontario Land Tribunal (the “Tribunal”) on October 20, 2022, due to the non-decision of the City within the statutory timeframes of the Planning Act, R.S.O. 1990, c. P. 13, as amended. On February 14, 2023, the Appellant filed an Offer to Settle with the City Solicitor that modified the ZBA application to reduce the height to an eight (8) storey residential condominium building containing 81 residential dwelling units. On March 29, 30 and 31, 2023 City Council held a meeting where it adopted the confidential Staff recommendation to the ZBA appeal;

AND WHEREAS a Settlement hearing was convened before the Tribunal on April 28, 2023, and July 5, 2023, and the Ontario Land Tribunal by way of an Interim Decision issued on August 4, 2023, determined that the appeal should be allowed in part with the Final Order withheld pending the Tribunal being advised that the conditions to the Decision for the Tribunal Order to issue have been satisfied;

AND WHEREAS the Tribunal having been advised that the conditions in the Decision have been satisfied to the satisfaction of the City prior to the issuance of a Final Order regarding the Zoning By-Law Amendment Appeal;

AND WHEREAS the Tribunal is satisfied that its direction set out in paragraph 40 of its Decision has been met;

FINAL ORDER

THE TRIBUNAL, having previously allowed the appeals of the City of North York’s By-law 7625 as amended by By-law 107-201 and the City of Toronto By-law 569-2013 in part, Orders that City of Toronto By-law No. 569-2013, as amended, is hereby amended as set out in Attachment 1 to this Final Order and in all other respects, the appeals are dismissed. The Tribunal authorizes the municipal clerk to format, as may be necessary, and to assign a number to this by-law for record keeping purposes.

“Matthew D.J. Bryan”

MATTHEW D.J. BRYAN REGISTRAR

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.

Authority: Ontario Land Tribunal Decision and Order issued on August 4, 2023 in Tribunal Case OLT-22-004599

CITY OF TORONTO

BY-LAW NO. XXXX-2025(OLT)

To amend Zoning By-law No. 569-2013 with respect to the lands municipally known in the year 2024 as 1648, 1650, 1654, 1660, 1662, 1666, 1668, & 1670 Avenue Road and 405 & 407 Brookdale Avenue

Whereas the Ontario Land Tribunal in its decision issued on August 4, 2023 in Tribunal Case OLT-22-004599, in hearing an appeal under Section 34(11) of the Planning Act, R.S.O. 1990, c P.13, as amended ordered the amendment of City of Toronto By-law 569-2013, as amended with respect to the lands municipally known in the year 2023 as 1648-1670 Avenue Road and 405-407 Brookdale Avenue;

The Ontario Land Tribunal Orders:

The lands subject to this By-law are outlined by heavy black lines on Diagram 1 attached to this By-law.
The words highlighted in bold type in this By-law have the same meaning provided in Zoning By-law No. 569-2013, Chapter 800 Definitions.
Zoning By-law No. 569-2013, as amended, is further amended by amending the zone label on the Zoning By-law Map in Section 990.10 respecting the lands outlined by heavy black lines from CR 3.0 (c2.0; r2.8) SS2 (x1543) to O and CR 3.0 (c2.0; r2.8) SS2 (x1077), as shown on Diagram 2 attached to this By-law.
Zoning By-law No. 569-2013, as amended, is further amended by adding Article 900.11.10 Exception Number 1077 so that it reads:

(1077) Exception CR 1077

The lands, or a portion thereof as noted below, are subject to the following Site Specific Provisions, Prevailing By-laws and Prevailing Sections:

Site Specific Provisions:

(A) On lands municipally known as 1648-1670 Avenue Road and 405-407 Brookdale Avenue, if the requirements of By-law [Clerks to insert By-law number] are complied with, a building or structure may be constructed, used or enlarged in compliance with Regulations (B) to (P) below;

(B) Despite regulations 40.5.40.10(1) and (2), the height of a building or structure is the distance between the Canadian Geodetic Datum of 175.05 metres and the elevation of the highest point of the building or structure;

(C) Despite regulation 40.10.30.40(1), the permitted maximum lot coverage, as a percentage of the lot area, is 70 percent;

(D) Despite regulation 40.10.40.1(1), amenity space and the residential lobby, but not including dwelling units, may be located on the first storey of the building;

(E) Despite regulation 40.10.40.1(6), a pedestrian access on the lot may be located a minimum of 7.3 metres from Residential Zone category;

(F) Despite regulation 40.10.40.10(2), the permitted maximum height of a building or structure is the number in metres following the letters "HT" as shown on Diagram 3 of By-law [Clerks to insert By-law number];

(G) Despite regulations 40.5.40.10(3) to (8) and (E) above, the following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law [Clerks to insert By-law number]:

(i) equipment used for the functional operation of the building, including electrical, utility, mechanical and ventilation equipment, as well as stairs, stair enclosures, roof drainage, roof access, maintenance equipment storage, elevator shafts, elevator overruns, chimneys, and vents, by a maximum of 5.0 metres, located within the area labelled “MPH” on Diagram 3 of By-law [Clerks to insert By-law number];

(ii) structures that enclose, screen, or cover the equipment, structures and parts of a building listed in (i) above, including a mechanical penthouse located within the area labelled “MPH” on Diagram 3 of By-law [Clerks to insert By-law number], by a maximum of 5.0 metres;

(iii) architectural features, parapets, and elements and structures associated with a green roof, by a maximum of 3.0 metres;

(iv) building maintenance units and window washing equipment, by a maximum of 4.0 metres;

(v) planters, landscaping features, guard rails, railings, awnings, fences, and divider screens on a balcony and/or terrace, by a maximum of 2.5 metres;

(vi) antennae, flagpoles, lightning rods light fixtures, and satellite dishes, by a maximum of 3.0 metres; and

(vii) trellises, pergolas, wind screens and unenclosed structures providing safety or wind protection to rooftop amenity space, by a maximum of 3.0 metres;

(H) Despite regulation 40.10.40.40(1), the permitted maximum gross floor area of all buildings and structures is 14,250 square metres, of which:

(i) the permitted maximum gross floor area for residential uses is 13,500 square metres;

(ii) the permitted maximum gross floor area for non-residential uses is 750 square metres;

(iii) the required minimum gross floor area for non-residential uses is 600 square metres;

(I) Despite regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law [Clerks to insert By-law number];

(J) Despite regulation 40.10.40.80(2), the required separation of main walls is:

(i) shown in metres on Diagram 3 of By-law [Clerks to insert By-law number]; and

(ii) in the case of recessed or inset balconies, no minimum main wall separation shall be required;

(K) Despite Clause 40.10.40.60 and (I) and (J) above, the following elements may encroach into the required minimum building setbacks and main wall separation distances as follows:

(i) decks, patios, porches, and balconies, by a maximum of 1.5 metres on the west main wall of the building on the 2nd storey, except within the Balcony Restriction Zone (2nd storey) shown on Diagram 4 of By-law [Clerks to insert By-law number];

(ii) decks, patios, porches, and balconies, by a maximum of 1.5 metres on the west main wall of the building on the 3rd storey, except within the Balcony Restriction Zone (2nd and 3rd storeys) shown on Diagram 4 of By-law [Clerks to insert By-law number];

(iii) decks, patios, porches, and balconies, by a maximum of 1.5 metres on a maximum of 60% of the horizontal width of the west main wall of the building, on the 4th and 7th storeys;

(iv) decks, patios, porches, and balconies, by a maximum of 1.5 metres on a maximum of 75% of the horizontal width of the west main wall of the building, on the 6th storey;

(v) decks, patios, porches, and balconies, by a maximum of 1.5 metres on the 5th storey;

(vi) decks, patios, porches, and balconies, by a maximum of 1.5 metres on the north, south and east main wall on the 4th, 6th and 7th storeys;

(vii) decks, patios, porches, and balconies, by a maximum of 1.5 metres on a maximum of 60% of the horizontal width of any main wall on the 8th storey;

(viii) canopies and awnings, by a maximum of 2.0 metres on the south and west main walls of the building;

(ix) window projections, including bay windows, box windows, and window sills, by a maximum of 0.5 metres;

(x) eaves, by a maximum of 0.5 metres;

(xi) dormers, by a maximum of 0.5 metres;

(xii) art and landscape features, ornamental elements, planters, pillars, trellises, fences, balustrades and site servicing features by a maximum of 1.0 metres;

(L) Despite regulations 40.10.50.10(1) and (3), a minimum 0.8 metre wide strip of soft landscaping is required along any part of the lot line abutting a lot in a Residential Zone category;

(M) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following minimum requirements:

(i) Residential occupant and visitor requirement for a dwelling unit in an apartment building or mixed use building:

(a) Bachelor dwelling unit up to 45 square metres 0.7 per dwelling unit;

(b) Bachelor dwelling unit greater than 45 square metres 1.0 per unit;

(d) Two Bedroom dwelling unit 0.9 per dwelling unit;

(e) Dwelling units with Three Bedrooms or more 1.1 per dwelling unit; and

(f) Visitor Spaces 0.15 per dwelling unit;

(ii) Retail Store:

(a) 1.0 per 100 square metres of Gross Floor Area

(iii) Office Use:

(b) 1.0 per 100 square metres of Gross Floor Area

(N) Despite regulation 200.5.10.1(1) and Table 200.5.10.1, parking spaces must be provided in accordance with the following maximum requirements:

(i) Residential occupant and visitor requirement for a dwelling unit in an apartment building or mixed use building

(a) Bachelor dwelling unit up to 45 square metres 1.0 spaces per unit;

(b) Bachelor dwelling unit greater than 45 square metres 1.3 per unit;

(d) Two Bedroom dwelling unit 1.3 per unit; and

(e) dwelling units with three Bedrooms or more 1.6 per unit;

(ii) Retail Store

(a) 4.0 per 100 square metres of Gross Floor Area

(iii) Office Use

(b) 2.0 per 100 square metres of Gross Floor Area

(O) Despite Regulation 200.15.1(4), a maximum of 1 accessible parking space may be located a maximum of 53 metres from an entrance to an elevator lobby in the below-grade parking garage;

(P) Despite regulations 230.5.10.1(1), (3) and (5) and Table 230.5.10.1(1), bicycle parking spaces must be provided in accordance with the following minimum rates:

(i) 0.9 "long-term" bicycle parking spaces for each dwelling unit;

(ii) 0.2 "short-term bicycle parking spaces for each dwelling unit;

(iii) 3 "long term" bicycle parking spaces for non-residential uses; and

(iv) 7 "short-term" bicycle parking spaces for non-residential uses.

(Q) Despite Regulation 230.5.1.10(9) “long-term” bicycle parking spaces may be provided above or below ground, and within a secured room or enclosure or bike locker or combination thereof.

Prevailing By-laws and Provisions: (None apply)

None of the provisions of this By-law or By-law 569-2013, as amended, apply to prevent the erection and use of a Construction Office/Sales Office on the lands identified on Diagram 1 of this By-law where a Construction Office/Sales Office means buildings, structures, facilities or trailers, or portions thereof, used for the purpose of the administration and management of construction activity and/or for selling or leasing dwelling units and/or non-residential gross floor area on the lands identified on Diagram 1 of this By-law.
Despite any future severance, partition or division of the lot as shown on Diagram 1, the provisions of this By-law will apply as if no severance, partition or division occurred.

Pursuant to the Decision of the Ontario Land Tribunal issued on August 4, 2023 in Tribunal Case OLT-22-004599.