Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: April 29, 2026
CASE NO.: OLT-24-001000

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: NYX Yonge LP Inc.
Subject: Minor Variance
Description: To permit the development of a 15-storey building.
Reference Number: 24 164447 NNY 08 MV
Property Address: 3180-3202 Yonge Street
Municipality/UT: City of Toronto
OLT Case No.: OLT-24-001000
OLT Lead Case No.: OLT-24-001000
OLT Case Name: NYX Yonge LP Inc. v. Toronto (City)

BEFORE:

T.F. NG ) Wednesday, the 29th
VICE CHAIR )
) day of April, 2026

THIS MATTER having come on for a public hearing by video hearing on March 25, 2025, with written submissions on April 15, 2025, and the Ontario Land Tribunal (the “Tribunal”) by way of a decision and interim order issued on May 13, 2025 (the “Interim Order”) having allowed the appeal under subsection 45(12) of the Planning Act (the “Appeal”), in part, regarding the lands known municipally in the City of Toronto as 3180-3202 Yonge Street (the “Lands”);

AND THE TRIBUNAL, in paragraph 129 of the Interim Order, having allowed the Appeal in part, authorized the requested minor variances in principle with final approval withheld subject to fulfillment of certain pre-conditions as set out in Attachment 2 of the Interim Order (the “Pre-Conditions”);

AND THE TRIBUNAL having been advised that the Pre-Conditions have been addressed to the satisfaction of the City of Toronto and being satisfied that its direction as set out in the Interim Order has been met;

THE TRIBUNAL HEREBY ORDERS that the Appeal is allowed, in part, and that the variances set out in Attachment 1 to this Order are authorized.

“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.

ATTACHMENT 1 MINOR VARIANCES

1. Maximum Permitted Height

900.11.10(787)(D), By-law 569-2013 and 4.(D), By-law No. 1248-2022 (OLT)

The permitted maximum height of a building or structure is the numerical value, in metres, following the letters “HT” and the permitted maximum number of storeys is the numerical value following “ST” on Diagram 3 of By-law 1248-2022 (OLT).

The proposed height of the building or structure is the numerical value, in metres, following the letters “HT” and the proposed maximum number of storeys is the numerical value following “ST” on Revised Diagram 3 of By-law 1248-2022 (OLT).

2. Maximum Mechanical Penthouse Height

900.11.10(787)D), By-law 569-2013 and 4. (F)(i), By-law No. 1248-2022 (OLT)

The following equipment and structures may project beyond the permitted maximum height shown on Diagram 3 of By-law 1248-2022 (OLT): equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance, equipment storage, elevator shafts, chimneys, and vents, by a maximum of 5.0 metres.

The proposed following equipment and structures may project beyond the permitted maximum height shown on Revised Diagram 3 By-law 1248-2022(OLT): equipment used for the functional operation of the building including electrical, utility, mechanical and ventilation equipment, enclosed stairwells, roof access, maintenance, equipment storage, elevator shafts, chimneys, and vents, by a maximum of 9.0 metres.

3. Maximum Gross Floor Area

900.11.10(787)(G), By-law 569-2013 and 4.(G), By-law No. 1248-2022 (OLT)

The permitted maximum gross floor area is 12,000 square metres, of which the permitted maximum gross floor area for residential uses is 11,500 square metres.

The proposed maximum gross floor area is 15,316.2 square metres, of which the maximum gross floor area for residential uses is 14,899.4 square metres.

4. Required Setbacks

900.11.10(787)(H) of By-law 569-2013 and 4.(H) of By-law 1248-2022 (OLT)

Despite Regulation 40.10.40.70(2), the required minimum building setbacks are as shown in metres on Diagram 3 of By-law 1248-2022 (OLT).

The proposed minimum building setbacks are as show in metres on the Revised Diagram 3 of By-law 1248-2022 (OLT).

5. Minimum landscape strip for lots abutting a Residential Zone 40.10.50.10.(3), By-law No. 569-2013

If a lot abuts a lot in the Residential Zone category or Residential Apartment Zone category, a minimum 1.5 metre wide strip of land used only for soft landscaping must be provided along the part of the lot abutting the lot in a Residential Zone category or a Residential Apartment Zone category.

A minimum 1.5 metre wide strip of soft landscaping is proposed along a minimum of 50% of the length of the west lot line abutting a lot in a Residential Zone or Residential Apartment Zone category.

City of Toronto By-law 1248-2022 (OLT)

Revised Diagram 3

City Planning

3180 – 3202 Yonge Street

File # 20 214204 NNY 08 OZ

Not to Scale

City of Toronto By-law 569-2013

03/04/2025