Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2024-11-14
24 207358 S45 13 TLAB
Tong (Re), 2024 ONTLAB 280
WITHDRAWAL
Issuance Date:
November 14, 2024
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):
J. TONG
Applicant(s):
DESIGN PLAN SERVICES INC
Property Address:
90 SUMACH ST
COA File No.:
24 101588 STE 13 MV (A0211/24TEY)
TLAB Case File No.:
24 207358 S45 13 TLAB
Hearing Date(s):
WEDNESDAY, DECEMBER 18, 2024
Deadline Date for Closing Submissions/Undertakings:
Decision Delivered By:
TLAB Chair D. Lombardi
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Owner/Appellant
J. Tong
D. Bronskill
Applicant
Design Plan Services Inc
Party
P. Bindhani
Participant
R. Skikiewicz
Participant
B. Eadie
Participant
L. M. Lawson
Participant
K. Oikonen
Participant
C. Seida
Participant
M. Irving
Participant
L. Cribb
Participant
G. Fiddian-Green
Participant
M. Fenning
Participant
T. Vanderstoop
Participant
K. Kearon
Participant
M. Inthavong (Late)
Participant
D. Gorman (Late)
INTRODUCTION AND CONTEXT
1On August 14, 2024, the Toronto and East York Panel of the City of Toronto (City) Committee of Adjustment (COA) refused five (5) variances to permit the Appellant, Jamie Tong, to alter the existing seven-storey apartment building at 90 Sumach Street, Unit 319 (subject property), by constructing a new third storey rooftop deck (for Unit 319), to be located on the roof above the existing parking garage, on the north side of the building, with a partition fence on the rooftop deck, for the Committee file number set out above.
2David Bronskill, Goodmans LLP, the Appellant’s authorized Legal Representative, filed an Appeal of the COA’s decision with the Toronto Local Appeal Body (TLAB) on September 3, 2024.
3The TLAB set a Hearing Date for December 18, 2024, to hear the Appeal.
4On November 11, 2024, Mr. Bronskill submitted a letter on behalf of the Appellant to the TLAB withdrawing the subject Appeal.
DECISION AND ORDER
5The Appeal having been abandoned, the Appeal is dismissed. The Committee of Adjustment decision noted above and dated August 14, 2024, is final and binding, and the file of the Toronto Local Appeal Body is closed.
6The Hearing scheduled for December 18, 2024, is vacated and no attendance or further submissions are required.
D. Lombardi
Toronto Local Appeal Body Chair