August 2020: The developer approached the City and SKCA requesting to convene a non-binding mediation session to seek a mutually agreeable settlement. SKCA and the City agreed to participate in the session. Andrew Biggart of the firm Ritchie, Kecheson, Hart & Biggart LLP will represent SKCA if the mediation session occurs.
Jan 30, 2020: Due to legal process technicalities, the application of 2915 BLOOR ST WEST is still at the Divisional Court level and no change in status was expected until May 15, 2020. With COVID-19 the expectation of when a resolution is reached is unknown.
July 24, 2019: Councillor Mark Grimes reiterated that the City team will continue to defend the City’s position to uphold the Bloor-Kingsway 6-storey guidelines and the LPAT decision at Divisional Court and the LPAT as required
The City Solicitor and City Planning have standing instructions from City Council to oppose the 8 storey condo proposal. The City team will continue to defend the City’s position and the LPAT decision at Divisional Court and the LPAT as required.
If you have any further questions please do not hesitate to reach out to Councillor Grimes at 416-397-9273 or councillor_grimes@toronto.ca.
See his formal statement here.
June 9, 2019: Neighbors are going to be very upset and disappointed to hear that the OMB invitation to compromise on the height at 2915-17 BLOOR STREET has been REJECTED by the developer, who will now pursue his plans at DIVISIONAL COURT, thus necessitating another round of legal arguments. This option has always existed as OMB/LPAT decisions are not the last word . But it is a source of much dejection when so much work has been done in an attempt to protect the neighborhood from distorting development. NO DATE for the new procedure has been ascertained at this time.
A release by Mark Grimes on the topic (shown on our Facebook page) can be accessed here.
A decision was communicated by the LPAT/ex-OMB about the proposed development at 2915 Bloor Street West. Tapping here will take you to the specific document that outlines the Ruling.
The good news is that the Decision was in favour of our Bloor Kingsway Six-Storey Bylaw.
The gist of the ruling is that the Avenue study bylaw put in place by the KPRI (presided at the time by Mary Campbell, current Senior Policy Advisor to Councillor Mark Grimes) is not to be dominated by the current Midrise Guidelines. As stated on Page 19 of the Case PL 170069 Decision:
"There is no doubt that the Midrise Guidelines, thoroughly researched and widely vetted, represent a state-of-the-art set of standards for the design of city-building along the Avenues. And yet that study itself recommended not imposing its guidelines on Avenues with their own standards already in place. The Kingsway, albeit an early example, underwent an Avenue Study that led to the BK (Bloor Kingsway) Guidelines and the ZBL (Zoning Bylaw) that remain relevant today. "
Of noted significance is the difference in available sunlight between the existing ZBL and the Midrise Guidelines.
For this development proposal the difference is "up to a full 3 hours (potentially less depending on the size and location of a mechanical penthouse).
Under the ZBL, the shadow cast by a maximum as-of-right building leaves the opposite sidewalk on March 21 at just after 9 a.m. In contrast, the shadow cast by the proposed building does not leave the opposite sidewalk until just after noon."
Major kudos go to the Sunnylea/Kingsway Community Association (SK in the Decision document) and all supportive residents for their fundraising campaign to hire the necessary legal and expert resources to achieve this positive decision. Also a big shout-out of acknowledgement goes to Councillor Di Ciano's office for launching the City's opposition to the development. Combined with the time spent by members of TOCA, KPRI and other residents, this is proof positive that big developers with greedy planning and design can be stopped in their tracks.
However, the book is not yet closed on this saga. This ruling is termed a "Decision and Interim Order of the Tribunal", so there are a few chapters left.
The Tribunal prefers to keep this application alive. The Applicant, if willing, is invited to revise the plans in consultation with the City and SK for a building with up to 6 storeys, plus rooftop structures, that also reasonably responds to the angular planes and stepbacks called for in our Zoning By-law No. 941-2003 (“ZBL”) and its related guidelines.
What's Next?
If the developer is willing, the Tribunal "is prepared to consider a revised development proposal with input and preferably consent of the Parties. To that end, in light of the evidence and the findings in this Decision, the following matters should be addressed in the redesign. These directions are not definitive and minor deviations may occur that the Parties consider reasonable.
[71] First, the Parties may request Tribunal-led mediation on consent with a view to arriving at a consensus design in keeping with this Decision.
[72] Second, within 6 months of the date of this Decision, or within 3 months from the close of mediation, whichever is later, the Applicant is permitted to submit a revised proposal and draft ZBA (Zoning Bylaw Amendment) to the Parties and the Tribunal in general compliance with the ZBL and BK Guidelines.
After considering the positions received, the Tribunal will issue a final Order. The Tribunal may be spoken to if issues arise. "
The full text from this condensed version of the Decision can be accessed by clicking on this link. A timeline and the matters to be considered in any redesign are set out in paragraphs 70 through 75.
Congratulations to the Sunnylea/Kingsway Community Association and all involved residents! Many thanks to the Councillor's office and staff who carried the appeal forward and obtained City Council's full approval to lend sharp teeth and financial support to the huge challenge to our Bylaw.
Best Regards,
KPRI Board of Directors