Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
2023-11-30
23 189195 S45 11 TLAB
2834143 Ontario Inc. (Re) ,2023 ONTLAB 163
DECISION AND ORDER
Issuance Date:
November 30, 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):
2834143 ONTARIO INC.
Applicant(s):
WALKER NOTT DRAGICIEVIC ASSOCIATES LIMITED WND ASSOCIATES LTD
Property Address:
44 SUMMERHILL GDNS
COA File No.:
23 123689 STE 11 MV (A0375/23TEY)
TLAB Case File No.:
23 189195 S45 11 TLAB
Hearing Date(s):
November 28, 2023
Decision Delivered By:
TLAB Chair Lombardi
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Owner/ Appellant
2834143 ONTARIO INC.
Applicant
WND ASSOCIATES LIMITED
S. McGaffey
INTRODUCTION AND CONTEXT
1This Hearing arises from an appeal by 2834143 Ontario Inc. (Applicant/Owner) of a July 26, 2023, decision of the City of Toronto (City) Committee of Adjustment (COA) refusing an application for the property known as 44 Summerhill Gardens (subject property).
2The purpose of the application is to permit the Applicant/Owner of the subject property to install a front yard parking pad (Application).
3The subject property is located on the east side of Summerhill Gardens in the Rosedale-Moore Park neighbourhood of the former City of Toronto. It is designated ‘Neighbourhoods’ in the City Official Plan (OP) and zoned R (d0.6) (x910) under Zoning By-law 569-2013.
4The Applicant appealed the matter to the Toronto Local Appeal Body (TLAB) and the TLAB set a Hearing date for November 28, 2023.
5The only Party before the TLAB in this Appeal is the Applicant, who is also the Appellant. The Applicant retained Sean McGaffey of Walker, Knott, Dragicevic Associates Limited as its land use planning expert.
6THE REQUESTED VARIANCE
- Chapter 10.5.50.10.(1)(D), By-law 569-2013
A minimum of 75% (9 m2) of the required front yard landscaped open space must be in the form of soft landscaping.
In this case, 39% (4.7 m2) of the required front yard landscaped open space will be in the form of soft landscaping.
THE LEGISLATIVE AND POLICY FRAMEWORK
7Variance – 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
8The only person present at the TLAB Hearing was Mr. McGaffey. At the commencement of the Hearing, he advised me that following further discussions with the City, the Applicant had revised his proposal by increasing the amount of soft landscaping in the front yard as part of the proposed parking pad.
9As a result, the one variance required by the Applicant to permit the installation of the front yard parking pad is no longer required. Therefore, the Applicant no longer wishes to proceed with the Appeal before the TLAB.
10Mr. McGaffey apologized to the TLAB for the short/late notice regarding the resolution of the variance in question and the fact that the Applicant wished to abandon the appeal.
11He sought direction from the Tribunal as to how to proceed to close the Appeal file.
12I advised him that in the circumstances if the Owner of the subject property wishes to abandon the Appeal, the Owner, or a person with authority on behalf of the owner(s) is required to file correspondence with the TLAB requesting that the appeal be withdrawn.
13Mr. McGaffey agreed to advise the Applicant/Owner accordingly and endeavour to have the Applicant/Owner file with the TLAB the requisite correspondence confirming the withdrawal of the Appeal.
ISSUES AND ANALYSIS
14There are no issues as the Applicant no longer requires the front yard soft landscaping variance and has no need to pursue the Application before the TLAB.
DECISION AND ORDER
15The Hearing on November 28, 2023, is adjourned ‘sine die’.
16In the event that the Owner of the subject property files a request to withdraw the Appeal in this matter, the TLAB will issue a Withdrawal Decision dismissing the Appeal, confirming the July 26, 2023, Committee of Adjustment decision, and closing the Toronto Local Appeal Body file.
D. Lombardi
Panel Chair