Toronto Local Appeal Body

40 Orchard View Blvd, Suite 253

Toronto, Ontario M4R 1B9

Date:

2025-04-01

24 170329 S45 11 TLAB

Toronto (City) v Culmone and Associates Ltd, 2025 ONTLAB 318

FINAL DECISION AND ORDER

Issuance Date:

April 1, 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):

CULMONE AND ASSOCIATES LTD

Property Address:

222 ROSEDALE HEIGHTS DR

COA File No.:

24 126060 STE 11 MV (A0257/24TEY

TLAB Case File No.:

24 170329 S45 11 TLAB

Hearing Date(s):

Jan 8, 2025

Decision Delivered By:

TLAB Panel Member S. Makuch

REGISTERED PARTIES AND PARTICIPANTS:

People Type

First Initial. Last Name

Representative

Applicant

Culmone and Associates Ltd

Appellant

City of Toronto

J. Dexter

Party (TLAB)

F. McLaughlin

J. Nehmetallah

Party (TLAB)

S. Faraya

J. Nehmetallah

Party (TLAB)

D. Moritsugu

Party (TLAB)

K. Bradley

Party (TLAB)

W. Shaw

Party (TLAB)

M. Corbeth

M. Mazierski

Participant

M. Killoran

Participant

K. Payne

Participant

E. Beck

Participant

D. Bradley

INTRODUCTION AND CONTEXT

1. This is an appeal by the City of Toronto of the granting of variances by the Committee of Adjustment to alter the existing two-storey detached dwelling by constructing a complete third storey addition, a rear three-storey addition (the existing rear one-storey addition will be demolished), a side (east) second storey covered deck (above a portion of the rear ground floor addition), a rear third storey rooftop patio (above a portion of the rear second storey addition), a side (east) basement entrance accessed from a side (east) sloped driveway with a retaining wall.

Prior to the commencement of the hearing, all parties and participants agreed, that the appeal should "be allowed on consent, without prejudice to future applications for development".

THE LEGISLATIVE AND POLICY FRAMEWORK

2. Provincial Interest - S. 2

A decision of the Toronto Local Appeal Body (TLAB) shall have regard to, among other matters, matters of provincial interest, enumerated as (a) – (s) in the Planning Act.

3. Provincial Policy – S. 3

A Decision of the Toronto Local Appeal Body (TLAB) must be consistent with the 2024 Provincial Planning Statement for the subject area.

4. Variance – 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

5. There was no evidence presented at the hearing and no need to consider the legislative and policy framework as the owners wished to withdraw the application approved by the Committee, but on the understanding that such withdrawal would not affect their rights to bring a future application.

ISSUES AND ANALYSIS

6. The only issue was the effect that the dismissal would have on any future application. It was agreed that since no evidence was heard, at this hearing, on the merits of the application, that res judicata would not apply to a future application, and that any future application would be the subject of a hearing de novo.

CONCLUSION

7. On the consent of all parties, including the owners and the City and parties in opposition, the appeal should be allowed without prejudice to future applications for development.

DECISION AND ORDER

8. This appeal is hereby allowed, the decision of the Committee overturned, and the variances are not approved, without prejudice to future applications for development.

S. Makuch

Panel Member