1837-1845 Bayview

1837-1845 Bayview Committee of Adjustment

North York Committee of Adjustment
North York Civic Centre,
5100 Yonge Street
Toronto M2N 5V7

RE: A0232/24NY: 1837-1845 BAYVIEW AVE.

This is to express the strong opposition of the Leaside Residents Association (LRA) to this application based on both:

  • process – the applicant’s bad faith bargaining, and abuse of the Committee of Adjustment process, and
  • substance – the failure of the application to meet the established planning tests for variances to be considered “minor” variances.

Chronology of Application

An application was made to the City of Toronto for a high-rise mixed-use building for 1837-1845 Bayview, at the southeast corner of Bayview and Broadway in 2021 and appealed to the Ontario Land Tribunal (OLT). A mediated settlement was reached with the City of Toronto, and Bayview Broadway Better Planning Inc. (BBBPI) residents’ group in July 2023, and approved by the Ontario Land Tribunal. City Council approved the settlement on April 11, 2024. A key provision of the Ontario Land Tribunal settlement was to reduce the height of the building to 22 storeys from the originally proposed 25 storeys.

On April 29, 2024, the developer submitted a Committee of Adjustment application for a “minor variance” – for an additional 5 storeys (to 27 storeys) above the OLT and City approved mediated settlement.

On June 24, 2024, the application was reduced by 3 storeys, for a total of 25 storeys – the same number as the original 2021 submission. The developer indicates that this amendment was made “further to discussions with City Planning”.

The applicant making a Committee of Adjustment application further to engaging in a mediation process with all parties and reaching a settlement with Bayview Broadway Better Planning Inc. (BBBPI) and City Planning suggests bad faith bargaining on the part of the developer, and an abuse of the Committee of Adjustment process.

Applicable Planning Policy1

Midtown in Focus was an inter-divisional study to ensure that growth positively contributes to the vitality and livability of one of Toronto’s most dynamic neighbourhoods. The study, following extensive public consultation, resulted in a renewed plan for Midtown with an updated Yonge-Eglinton Secondary Plan and infrastructure strategies to ensure that infrastructure capacity not only keeps pace with development but also supports quality of life in Midtown. OPA 405 was approved by City Council and submitted to the Ministry of Municipal Affairs and Housing on August 9, 2018, for review and approval pursuant to Section 26 of the Planning Act. The Yonge Eglinton OPA 405 was approved in June 2019, but with major changes by the province, without further consultation.

The Yonge Eglinton Secondary Plan approved by City Council permitted mid-rise development on the arterials; OPA 405 approved by the Province allowed high-rise development on the arterials. In approving the OPA 405, OPA the Province made 194 modifications, including one which deleted a 6-storey maximum height restriction on Bayview and Eglinton Avenues away from the intersection, and allowed proposals between 20 and 35 storeys to be considered within the Bayview Focus Area.

OPA 405 includes the following policies:

  • that the Bayview Focus Character Area is to be developed at a lower density than the Mount Pleasant or Yonge-Eglinton Character Areas,
  • that development within the Leaside Transit Station Secondary Zone of the Bayview Focus Area is to be less intense than the Station Core Area, and is to transition down in height and scale to nearby development and
  • that the Bayview Focus Area is to be predominantly characterized by mid-rise buildings with its edges designed to ensure connectivity and transition in scale and intensity to surrounding areas.

A reasonable way of addressing these conflicts is to interpret the policies as meaning the 20-35 storey range applies to development within the Bayview Focus Area in close proximity to the Leaside Station.

The Planning Tests

To approve variances applied for, the Committee must be satisfied that:

  • the variance requested is minor;
  • the proposal is desirable for the appropriate development or use of the land and/or building;
  • the general intent and purpose of the City’s Zoning Code and/or By-law are maintained; and
  • the general intent and purpose of the Official Plan are maintained.

For the Committee to accept a 27 (or 25) storey height for the subject proposal would run counter to the above-noted approved Official Plan policies. If 20-35 35 storeys is accepted as of right anywhere within the Bayview Focus Area, the result would be excessive density, plus situations where tall buildings are immediately abutting low density development with minimal transition.

As such the Committee of Adjustment application for 27 (or 25) storeys fails the Planning Tests of:

  1. maintaining the general intent and purpose of the Official Plan and
  2. maintaining the general intent and purpose of the Zoning Bylaw.

Further with respect to the test of the variances as “minor”.

The additional number of units over the number approved by the OLT and the City of Toronto is

55 units (27 storeys) and
33 units (25 storeys)

These unit increases above permitted are similar in amount to the number of units expected from a 6 storey building on a Major Street as recently approved by City Council – this is hardly minor!!

As such the application fails test (3) – the variance is NOT “minor”. We recommend and request that the CofA refuse the application.

Geoff Kettel
Co-President with Carol Burtin Fripp

Attachments:

c.c.: Office of Ward 15
Mayor Olivia Chow
Councillor Gord Perks, Chair, PHC
Councillor Pasternak, Chair, NYCC
Kyle Knoeck, Interim Chief Planner and ED City Planning
David Sit, Director, Community Planning, North York District
John Andreevski, Manager, Community Planning, North York District
Angela Zhao, Senior Planner, Community Planning, North York District

  1. For a complete review of applicable planning policies see LRA Comments on 1837-1845 Bayview Avenue – Zoning Amendment Application, June 3, 2022 ↩︎

Summary Data

Variance Matrix

Performance MeasurePermitted Approved April 2024Application Request* April 2024Change  from Permitted (%)Amended  Application* June 24, 2024Change from Permitted (%)
Max. GFA (sq.m.)17,80020,8073,007(16.9%)19,5301,730 (9.7%)
Residential (sq.m.)17,54020,5453,00519,2701,730
Non-residential (sq.m.)260260        0 2600
Storeys/ Height(M)22 storeys 85.53M27 storeys 100.60 M 5 storeys 15.07M25 storeys 90.7M3 storeys 5.17M

*based on waiver – not zoning examination

Residential UnitsApproved  Submission 2024Application request April 2024Change from approvedAmended Application June 24 2024Change from approved
Studios/1 BR139169157
2 BR8210294
3 BR384341
Total25931455 (21.2%)29233 (12.7%)