Item - 2020.TE16.57

The Toronto and East York Community recommends that:

1. City Council, pursuant to Subsection 45(1.4) of the Planning Act, permit applications for minor variances with respect to the property municipally known as 1-7 Yonge Street, for relief from By-law 249-2020 the Local Planning Appeal Tribunal (LPAT), in order to vary development standards related to the building envelope of the first two stories of the northerly podium adjacent to Lake Shore Boulevard East of the development, and to consider an extension of the canopy between the 65 and 95 story buildings.

Among changes under the Smart Growth for our Communities Act, 2015 (Bill 73) that came into effect on July 1, 2016, Subsections 45(1.3) and 45(1.4) of the Planning Act, as amended, prevent the submission of minor variance applications on properties subject to a privately initiated Zoning By-law Amendment within two years of the By-law enactment, unless the municipal council has otherwise "declared by resolution that such an application is permitted".

In the case of 1-7 Yonge Street, the privately initiated Zoning By-law Amendment (249-2020(LPAT)), provides for the redevelopment of the site with a multi-building, multi-phased mixed-use development containing community, office, hotel, retail and residential uses (including affordable residential units). The Local Planning Appeal Tribunal issued its order enacting the By-law on April 25, 2019.

The northerly block of the development contains three new buildings ranging from 65 to 95 storeys in height. Portions of the ground floor and second floor of the most northerly portion of the building podium, fronting Lake Shore Boulevard East, were not addressed through By-law 249-2020(LPAT). In addition, the applicant is seeking to extend south beyond current zoning permission the canopy between its 65 and 95 storey buildings.  The landowner would like to apply for variances to address these matters.

Under the Planning Act, as amended, this landowner will not be able to file for a minor variance application to the Committee of Adjustment, Toronto and East York District, for zoning relief until after April 25, 2021.  This would delay the landowner's desired timeline for site redevelopment.

As a result, City Council's authorization for submission of a minor variance application at this time is required. This resolution is not intended to, and does not, relay Council's endorsement of the merits of the minor variance application.