Bauer v. Carapetian, 2023 ONTLAB 15

Toronto Local Appeal Body

40 Orchard View Blvd, Suite 211

Toronto, Ontario M4R 1B9

Date:

2023-02-16

22 182877 S45 11 TLAB

Bauer v. Carapetian, 2023 ONTLAB 15

Issuance Date:

February 16, 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):

T. Bauer

Applicant(s):

P. Carapetian

Property Address:

194 Rosedale Heights Drive

COA File No.:

22 130665 STE 11 MV (A0396/22TEY)

TLAB Case File No.:

22 182877 S45 11 TLAB

Decision Delivered By:

TLAB Panel Member S. Gopikrishna

People Type

Name

Representative

Applicant

P. Carapetian

M. Kemerer

Appellant

T. Bauer

Participant

Y. Gao

Participant

Moore Park Residents Association

G. Bogden

INTRODUCTION AND CONTEXT

1On December 1, 2022, the TLAB began the process of collecting evidence in the Appeal respecting 194 Rosedale Heights Boulevard.

2After discussing the need for additional submissions from the Applicants, the TLAB obtained evidence from the Applicant’s Architect, Ms. Vanessa Fong, Ms. Yunxiang Gao, one of the neighbours, and Mr. Graham Hodges, the Spokesperson of the Moore Park Neighbourhood Association. Ms. Fong did not complete her evidence, and may take the stand when the Proceeding is reconvened.

3On December 19,2022, the TLAB issued an Interim Decision where it instructed the Applicants to update their Sun and Shadow Studies in accordance with the City of Toronto’s guidelines, and discuss the relationship between the proposal and Sections 3.1.2 and 4.1.5 of the Official Plan, as well as explain how the requested variances maintain the intent and purpose of Zoning By-law 569-2013. The TLAB also instructed the Applicants to identify the date by which the Applicants could submit the documentation discussed in this paragraph.

4On December 21, 2022, the Applicants responded to the TLAB’s Interim Order and Decision by stating that they could complete the requisite submissions by January 13, 2023. On January 13, 2023, the TLAB received the following submissions from the Applicants:

194 Rosedale Heights Drive- AOR Elevations
194 Rosedale Heights Drive- Shadow Study

5On January 17, 2023, the Applicants sent in the following submission:

194 Rosedale Heights Drive- Michael Barton Addendum to Expert Witness Statement

6The TLAB thanks the Applicants for completing the submissions, and herewith directs the Parties to write to the TLAB by the end of day on February 24, 2023 with their availability in the months of March 2023 and April 2023 to complete the Proceeding respecting 194 Rosedale Heights Drive. On the basis of the dates provided by the Parties, the TLAB will select up to two (2) Hearing dates to complete the Proceeding. While it is hoped that the Proceeding can be completed in one (1) day, a second Hearing day will be identified with an abundance of caution, in order to complete the Proceeding in the shortest period of time.

7The TLAB will hear from the Witnesses appearing for the Applicants, Mr. Barton and Ms. Fong, followed by Mr. Bauer, who is the Appellant. The Applicants may provide Reply evidence through their Witnesses after the completion of evidence from Mr. Bauer.

8In addition to identifying the dates on which the Proceeding will be completed, the Hearing Notice to be issued for this Proceeding, will identify a deadline, two weeks in advance of the first of the two Hearing dates, by which the Appellants can submit a Response, if they decide to do so, to the Applicants’ submissions received by the TLAB on January 13, 2023, and January 17, 2023. It may be noted that while there is no obligation to make such a submission, the Appellants will not be allowed to introduce any new evidence through their Examination-in-Chief, if the material is not submitted by the deadline for Submission of Responses, in the interests of transparency and disclosure.

INTERIM DECISION AND ORDER

9The Applicants and Appellants are instructed to contact the TLAB, by the end of the day on February 24, 2023, with their availability for the months of March 2023 and April 2023. The Parties are instructed to copy each other on all communication with the TLAB.

10From the dates provided, the TLAB will identify up to two (2) Hearing dates to complete the Proceeding respecting 194 Rosedale Heights Drive. The Hearing Notice will also identify a deadline for submission of any new material by the Appellants in response to the Applicants’ submissions, dated January 13, 2023, and January 17, 2023.

11The sequence to be followed for the completion of the Proceeding will be the Examination-in-Chief, Cross-Examination, and Re-examination of the Applicants’ Witnesses, Mr. Barton and Ms. Fong, followed by the evidence of Mr. Bauer, who is the Appellant in this Appeal. The Appellant’s evidence followed by any Reply evidence (where appropriate) from the Applicants.

So orders the Toronto Local Appeal Body

S. Gopikrishna

Panel Member