BREAKING NEWS: Ontario Land Tribunal Issues Decision on Proposed 26-Storey Tower

July 11, 2023

On 11 July, the Ontario Land Tribunal issued its decision on the proposed development of a 26-Storey tower at the corner of Blair and Montreal Roads.

In summary, the Tribunal allowed the appeal of the Zoning By-law Amendment application in part. Approval was indicated of the applicant’s proposed building setbacks, step-backs and maximum building heights. But the decision also specified a minimum parking space rate of 0.7 parking spaces per residential unit. Other details are indicated in the decision, but will require more study to understand them completely. 

The Tribunal’s decision also stated that the Site Plan Approval is deferred. The City and Developer have 60 days to indicate to the Tribunal whether they have come to an agreement with respect to that appeal. It is our understanding at this time that the Site Plan Approval does not include the building height or setbacks, as they are specified in the zoning approval.

An extract from the Tribunal’s decision is as follows –

“...based on the Tribunal’s analysis, the Tribunal finds that:

- The ZBA (Zoning Bylaw Amendment requested by the applicant) has regard to matters of provincial interest pursuant to s. 2 of the Act;

- The ZBA is consistent with PPS 2020 pursuant to s. 3 of the Act; 36 OLT-22-003966

- The ZBA conforms to OP 2022 pursuant to s. 24 of the Act, including issues of location, design, transition, floorplates, tower separation, transportation, and parking; - The ZBA meets the purpose and intent of the ZBL;

- The Proposed Development results in no undue adverse impacts on existing neighbourhoods; - The Proposed development represents good planning, is appropriate and in the public interest; and, - The ZBA application had regard to and applied in a meaningful way the DG, the HR Guidelines, the EA, and OP 2003.”

The complete decision (41-pages) can be found here.

The RHPOA will be studying the decision, getting clarification on the impacts going forward, and informing residents of what we learn.





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