Toronto Local Appeal Body

40 Orchard View Blvd, Suite 253

Toronto, Ontario M4R 1B9

Date:

2025-01-02

24 221361 S45 20 TLAB

Bhuiyan (Re), 2025 ONTLAB 292

WITHDRAWAL

Issuance Date:

January 2, 2025

PROCEEDING COMMENCED UNDER Section 53, subsection 53(19), Section 45(12), subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")

Appellant(s):

MOHAMMAD MOHIUDDIN BHUIYAN

Applicant(s):

PRIYAL KAPADIA

Property Address:

16 MARTINDALE RD

COA File No.:

24 196628 ESC 20 MV (A0174/24SC)

TLAB Case File No.:

24 221361 S45 20 TLAB

Hearing Date(s):

Deadline Date for Closing Submissions/Undertakings:

Decision Delivered By:

TLAB Chair D. Lombardi

REGISTERED PARTIES AND PARTICIPANTS:

People Type

First Initial. Last Name

Representative

Applicant

P. Kapadia

Appellant

M . Bhuiyan

M. Mazierski

Party

City of Toronto

A. Lo-Wong

Party

G. Kondruss

Party

D. McParland

Participant

S. Saranchuk

Participant

S. Kondruss

INTRODUCTION AND CONTEXT

1On September 18, 2024, the Scarborough Panel of the City of Toronto (City) Committee of Adjustment (COA) refused six (6) variances for the Committee file number set out above. The Applicant was seeking approval to demolish the existing dwelling at 16 Martindale Road (existing property) and replace it with a new two-storey detached dwelling.

2Martin Mazierski (Mazierski Law), the Appellant’s Legal Representative, filed an appeal (Appeal) of the COA’s decision with the Toronto Local Appeal Body (TLAB) on behalf of Mohammad Bhuiyan (Appellant), on October 2, 2024.

3The TLAB set a Hearing Date for January 28, 2025, to hear the Appeal.

4On October 13, 2024, the Appellant filed an Applicant’s Disclosure Document (Form 3) which highlighted amendments to the Application, eliminating all but one of the variances before the COA.

5On December 18, 2024, Mr. Mazierski notified the TLAB by email that the Appellant had decided to abandon the subject Appeal due to the coming into force and effect of Ontario Regulation 299/19 (O. Reg. 299/19).

6He advised that the passage of that Provincial Regulation resulted in overriding parts of the City’s Zoning By-law and, consequently, had eliminated the only variance that was the subject of the revised Appeal before the TLAB.

WITHDRAWAL

7The appeal having been abandoned, the appeal is dismissed. The Committee of Adjustment decision noted above, dated September 18, 2024, is final and binding, and the file of the Toronto Local Appeal Body is closed.

8The Hearing scheduled for January 28, 2025, is vacated and no attendance or further submissions are required.

D. Lombardi

Chair, Toronto Local Appeal Body