Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
2023-06-27
23 112374 S45 06 TLAB
Toronto (City) v. Vecchiarelli, 2023 ONTLAB 107
DECISION AND ORDER
Issuance Date:
June 27, 2023
PROCEEDING COMMENCED UNDER Section 45(12), subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")
Appellant(s):
City of Toronto
Applicant(s):
10347434
Property Address:
73 Bainbridge Ave
COA File No.:
22 190511 NNY 06 MV
A0553/22NY
TLAB Case File No.:
23112374 S45 06
Hearing Date(s):
June 7, 2023
Decision Delivered By:
TLAB Panel Member R. Kanter
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Owner
M. Vecchiarelli
Applicant
10347434 Canada Inc
Appellant
City of Toronto
C. Dougherty
Party
M. Zabzuni
INTRODUCTION AND CONTEXT
1The Applicant is the owner of lands municipally known as 73 Bainbridge Avenue (the "Site"). The Site is located in the Clanton Park neighbourhood of North York, and is zoned (RD x5)
2On July 26, 2022, the Applicant applied to the Committee of Adjustment (the "C of A") for seven variances: lot coverage; height; building length; building depth; side-yard setback; and vehicular access from the front of the lot (the "Variances").
3In the fall of 2022, the applicant filed plans and drawings prepared by Marin Zabzuni of Contempo Studio (the "Plans") reflecting the Variances.
4On January 19, 2023, the C of A authorized the Variances (the "C of A Decision").
5On February 8, 2023, counsel for the City of Toronto (the "City") appealed the C of A Decision to the Toronto Local Appeal Body (the "TLAB"). The reasons for the appeal included the proposed lot coverage, building length and building depth.
6On April 26, 2023, the TLAB received revised plans and drawings prepared by Contempo Studios (the "Revised Plans), and a Zoning Notice based on the Revised Plans describing the revised variances (the "Revised Variances").
7On April 27, 2023 I was advised that the City settled its difference with the Applicant.
8On June 7, 2023 I held an expedited settlement Hearing, pursuant to Rule 19 of the TLAB's Rules of Practice and Procedure.
THE LEGISLATIVE FRAMEWORK
9My Decision is subject to the following legislative framework set out in the Planning Act:
Policy Statements and Provincial Plans – S. 3(5)
A TLAB decision must:
- Be consistent with policy statements
• Conform with provincial plans
Variance – S. 45(1)
In considering the applications for variances from the Zoning By-laws, the TLAB Panel must be satisfied that the applications meet all of the four tests under s. 45(1) of the Act. The tests are whether the variances:
maintain the general intent and purpose of the Official Plan;
maintain the general intent and purpose of the Zoning By-laws;
are desirable for the appropriate development or use of the land; and
are minor.
SUMMARY OF EVIDENCE
10At the hearing, counsel for the City called Diana Steinberg to give evidence.
11Ms. Steinberg reviewed her education, relevant professional experience, and previous qualification as an expert witness before the TLAB. I qualified her to give opinion evidence as a land use planner.
12Ms. Steinberg compared the requirements of Zoning By-law 569-2013 (the "ZBL") with the Variances and Revised Variances for lot coverage, building length and building depth:
Comparison: Variances approved by C of A Decision and Revised Variances
ZBL Requirements
Variances approved by C of A
Revised Variances
Lot Coverage, %
30%
41.19%
39.31%
Building Length, m
17m
22.37m
20.60m
Building Depth, m
19m
23.76m
22.5m
13Ms. Steinberg explained that the major change in the Revised Plans was the reduction in length of the rear covered porch, from 6.16m to 3.99m Consequently, the lot coverage, building length and building depth decreased, as set out in the Comparison above.
14Ms. Steinberg then provided her planning opinion with respect to the Revised Variances.
15In her opinion, both the Variances and the Revised Variances were consistent with the Provincial Policy Statement, 2020 and conformed with the Growth Plan for the Greater Golden Horseshoe, 2019.
16Ms. Steinberg opined that the Revised Variances meet the general intent of the Official Plan and zoning by-law, are minor, and are desirable for appropriate development of the Site.
17Ms. Steinberg reviewed a letter to the C of A setting out the objections of neighbours living at 28 Harlock Boulevard, facing the western side of the Site. She concluded that the Revised Variances would mitigate the impact of the western elevation of the proposed house.
CONCLUSION
18I find, based on the uncontradicted planning evidence of Ms. Steinberg, that the Revised Variances meet the tests for minor variances under the Planning Act.
DECISION AND ORDER
19I have decided that the City's appeal of the C of A Decision be allowed in part.
I order that the variances described in the Zoning Notice dated April 4, 2023, attached as Schedule 1, be approved.
20I further order that the approval be subject to the following condition:
That the new dwelling at 73 Bainbridge be constructed substantially in accordance with the site plan and elevations (Drawings A1, A6, A7, A8 and A9) prepared by Contempo Studio contained in the Revised Plans received by TLAB on April 26, 2023, attached as Schedule 2.
R. Kanter
Panel Member