Item - 2022.EY29.20

The Etobicoke York Community Council recommends that:

1. City Council, pursuant to subsection 45(1.4) of the Planning Act, permit the applicant's request to apply to the Committee of Adjustment for minor variances in regards to the property municipally known as 1 Blue Goose Street from Site Specific Zoning By-law 653-2020 prior to the second anniversary of the day on which the site specific by-law was amended, including, but not limited to, with respect to the zoning requirements regarding setbacks.

Under the Smart Growth for Our Communities Act, 2015 (Bill 73) which came into final 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 by-law enactment, unless the municipal council has otherwise "declared by resolution that such an application is permitted."

Site Specific Zoning By-law 653-2020 was enacted for 1 Blue Goose Street by City Council at its meeting of July 29, 2020.

By-laws 653-2020 implemented owner-initiated amendments to Chapters 304 and 340 of the Etobicoke Zoning Code to permit the retention and renovation of the existing Blue Goose Tavern and micro-brewery, while undertaking renovations to provide 18 studio apartments in the existing building. In addition, an infill development is proposed to the south and east of the existing building, where 12 new townhouse dwelling units are proposed to be constructed.

As the proposal has been advancing through the review for of an application for site plan control approval, Toronto Buildings has identified three areas that the development does not comply with the approved site specific zoning. To address these issues and advance the development, an application for minor variance to the Committee of Adjustment is required.  The required zoning relief is to recognize reduced setbacks for a first-storey rear deck and columns along the south and east lot lines, and to permit a reduced setback requirements from a rail corridor.

Under the Planning Act as now amended, the owner will not be able to file for a minor variance application for zoning relief in this regard until July 29, 2022, further delaying site redevelopment.

As the proposed development (including built form and the use of the land) is for the most part largely the same as that which City Council previously considered and approved, City Council's authorization for submission of a minor variance application at this time is warranted.