Toronto (City) v. KS 1306-1310 The Queensway Inc., 2025 ONTLAB 297

Toronto Local Appeal Body

40 Orchard View Blvd, Suite 253 Toronto, Ontario M4R 1B9

Date: 2025-01-21 File: 24 214894 S45 03 TLAB

Toronto (City) v. KS 1306-1310 The Queensway Inc., 2025 ONTLAB 297

DECISION AND ORDER

Issuance Date: January 21, 2025

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): KS 1306-1310 THE QUEENSWAY INC

Property Address: 1306 THE QUEENSWAY

COA File No.: 24 173265 WET 03 MV (A0266/24EYK)

TLAB Case File No.: 24 214894 S45 03 TLAB

Hearing Date(s): January 15, 2025

Decision Delivered By: TLAB Panel Member T. Kezwer

REGISTERED PARTIES AND PARTICIPANTS:

People Type	First Initial. Last Name	Representative
Applicant	KS 1306-1310 THE QUEENSWAY INC	A. Benedetti
Appellant	City of Toronto	J. Davidson

INTRODUCTION AND CONTEXT

1This was a written settlement hearing before the Toronto Local Appeal Body (the "Tribunal") for two lots located at 1306-1310 The Queensway (the "Subject Property"). The City of Toronto appealed an approval of a minor variance application by the Etobicoke York Panel of the Committee of Adjustment on August 29, 2024.

2Written submissions were provided by the Applicant's counsel, Ms. Benedetti, and an affidavit sworn by Courtney Heron-Monk, a land use planner at Bousfields Inc., was provided in support of the settlement (Exhibit 1). Counsel on behalf of the City of Toronto, Mr. Davidson, confirmed that the City consents to the settlement.

3The Subject Property is located at the northwest corner of The Queensway and Kipling Avenue. Currently the Subject Property consists of two single-storey commercial buildings which are occupied as temporary motor vehicle sales and services uses. The site is designated Mixed Use Areas on Map 15 in the Toronto Official Plan. The Subject Property is regulated by Zoning By-law 569-2013 as amended by By-law 199-2022, and is zoned CR 2.0 (c2.0; r0.0) SS3 (x317). The proposed settlement modifies the standards from the site specific By-law 199-2022.

4The settlement reached between the Parties proposes to demolish the existing buildings and construct three mixed-use residential buildings with increases and other modifications to the gross floor area, setbacks, separation distance, height, stroreys, and loading from the site specific By-law 199-2022. The proposal will result in a 12-storey mid-rise, a 29-storey high-rise, and a 40-storey high-rise buildings with a combined 1,124 dwelling units and 1,168 square metres of retail space.

5A previous Minor Variance application No. A0099/23EYK resulted in the approval of a reduction in the number of parking spaces to 150 residential parking spaces and 44 visitor parking spaces for the proposed development at the June 22, 2023 Committee of Adjustment hearing.

6I will now provide the legal framework guiding this matter.

THE LEGISLATIVE AND POLICY FRAMEWORK

7Provincial Interest - S. 2

A decision of the Tribunal shall have regard to, among other issues, matters of provincial interest, enumerated as (a) – (s) in the Planning Act.

8Provincial Policy – S. 3

A Decision of the Tribunal must be consistent with the 2024 Provincial Planning Statement for the subject area.

9Variance – S. 45(1)

In considering an application for variances from the Zoning By-laws, the Tribunal must be satisfied that the application meets all of the four tests under s. 45(1) of the Planning 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.

10The settlement includes seven minor variances. These minor variances relate to gross floor area, setbacks, separation distance, height and loading. Diagram 6 is included as an appendix to this decision. The requested minor variances are as follows:

1. Section 900.11.10.(317)(H), By-law 569-2013 & Section 8(H), By-law 199-2022

   • The permitted maximum gross floor area of all buildings and structures is 68 000 m² and the permitted maximum gross floor area for residential uses is 66 500 m².
   • The proposed gross floor area of all buildings and structures is 75 292 m² and the proposed gross floor area for residential uses is 74 125 m².

2. Section 900.11.10.(317)(L), By-law 569-2013 & Section 8(L), By-law 199-2022

   • The required minimum building setbacks and above-ground separation distance between main walls are as shown on Diagram 6.
   • The proposed building setbacks and above-ground separation distance between main walls is shown on Revised Diagram 6.

3. Section 900.11.10.(317)(N), By-law 569-2013 & Section 8(M), By-law 199-2022

   • Encroachments are permitted into the required minimum building setbacks, angular plane and above-ground separation distance between main walls is shown on Diagram 6 of By-law 199-2022.
   • Encroachments are permitted into the required minimum building setbacks and above-ground separation distance between main walls is shown on Diagram 6 of By-law 199-2022.

4. Section 900.11.10.(317)(E), By-law 569-2013 & Section 8(E), By-law 199-2022

   • The permitted maximum number of storeys in any portion of a mixed use building is the numerical value followed by the "ST" as shown on Diagram 6.
   • The proposed maximum number of storeys in any portion of the mixed use building is the numerical value followed by the "ST" shown on Revised Diagram 6.

5. Section 900.11.10.(317)(D), By-law 569-2013 & Section 8(D), By-law 199-2022

   • The permitted maximum height of a building or structure is the height in metres specified by the numbers following symbol "HT" on Diagram 6.
   • The proposed maximum height of a building or structure is the height in metres specified by the numbers following symbol "HT" on Revised Diagram 6.

6. Section 900.11.10.(317)(N), By-law 569-2013 & Section 8(N), By-law 199-2022

   • No portion of a building, excluding those features listed in (F) and (M) above, may penetrate a 45-degree angular plane projected over the lot, starting at a line along a lot line of any lot in the O, ON or OR Zone or the Residential Zone category or Residential Apartment Zone category.
   • The proposed upper levels of the towers and the building fronting Kipling Avenue will penetrate a 45-degree angular plane from the closest Residential Zone Category.

7. Section 900.11.10.(317)(T)(i), By-law 569-2013 & Section 8(T)(i), By-law 199-2022

   • One (1) Type "G" loading space and one (1) Type "B" loading space must be provided.
   • Despite Regulation T(i) above, one (1) Type "B" loading space may be satisfied through the provision of one (1) Type "G" loading space.

SUMMARY OF EVIDENCE

11As noted above, affidavit evidence was provided, with the affiant being Courtney Heron-Monk, a Senior Associate Planner at Bousfields Inc. I have reviewed Ms. Heron-Monk's curriculum vitae, and Acknowledgment of Expert's Duty Form 6. I am satisfied that her affidavit evidence can be accepted as qualified opinion evidence in the area of land use planning.

12Ms. Heron-Monk provided her professional opinion "that approval of the Minor Variance application with the proposed condition is in the public interest and represents good planning. The requested variances, individually and cumulatively, are consistent with the PPS; and meet the four tests set out in s.45 of the Planning Act as they maintain the general intent and purpose of the Official Plan and Zoning By-law; are minor in nature; and are desirable for the appropriate development and use of the Subject Site."

13The only variation from the Committee of Adjustment's August 29, 2024, approval is the addition of a condition pursuant to subsection 45(9) of the Planning Act to require a cash contribution to the City for capital improvements in the amount of $126,291.00.

ISSUES AND ANALYSIS

14I have reviewed the comprehensive affidavit evidence including detailed exhibits which were sworn by Ms. Heron-Munk and submitted on behalf of the Applicant in support of this settlement agreement.

15I have reviewed and I accept Ms. Heron-Munk's evidence that the proposal has regards to various matters of provincial interest as outlined in section 2 of the Planning Act. In addition, I have reviewed Ms. Heron-Munk's detailed and thorough evidence regarding the Provincial Policy Statement, 2024, and I find that the proposed settlement is consistent with this document.

16With regards to the section 45(1) test for a minor variance, Ms. Heron-Munk provided comprehensive opinion evidence regarding each stage of the test. I find that the proposed variances individually and cumulatively meet each stage of the test. The variances individually and cumulatively maintain the general intent and purpose of the Official Plan, maintain the general intent and purpose of the Zoning By-law, are desirable for the appropriate development of the land, and are minor.

CONCLUSION

17I find that the requested variances have regard to various matters of provincial interest as outlined in section 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2024, and meet the four statutory tests for a minor variance outlined in section 45(1) of the Planning Act.

DECISION AND ORDER

18The Tribunal will respect the settlement between the Parties and will allow the appeal to confirm the variances approved by the Committee of Adjustment but will impose the condition with respect to a cash contribution to the City as settled between the Parties.

19The Tribunal ORDERS THAT the appeal is allowed, the variances approved by the Committee of Adjustment as detailed herein are confirmed, all subject to the condition agreed to between the Parties as follows:

a. Prior to issuance of the first above-grade building permit, the owner make a cash contribution to the City in the amount of $126,291.00 by certified cheque payable to the Treasurer, City of Toronto, to be allocated at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor, toward capital improvements in the area within the Ward, and the cash contribution shall be indexed upwardly in accordance with the Statistics Canada Non-Residential Building Construction Price Index for Toronto Census Metropolitan area, reported quarterly by Statistics Canada in Building Construction Price Indexes Table: 18-10-0135-10, or its successor, calculated from the date of the approval of the Application to the date of payment.

T. Kezwer Panel Member

APPENDIX 1 – DIAGRAM 6