GTA OMB News

NRU
Sept. 14, 2016

Part of Mississauga OPA appeal settled
In an August 24 decision, board vice-chair James McKenzie allowed an appeal by Baif Developments against the City of Mississauga’s adoption of an official plan amendment to implement the city’s downtown core local area plan. Baif sought site-specific amendments to the OPA for its property at 180 and 190 Webb Drive.

In particular, Baif sought a modification to the OPA for its proposed development of a 25-storey, 301-unit residential building and a three-storey 31-unit townhouse building. Council approved Baif’s application in October, 2015, but a modification to the OPA was required to implement that decision.

During the July 27 prehearing conference, the city brought forward a settlement between Baif and the city and asked the board to approve the OPA as it applies to Baif’s property on Webb Drive.

City planner Michael Hynes provided an affidavit in support of the settlement. He stated Baif’s proposed modifi cation to the OPA for its Webb Drive property is consistent with the city’s official plan and will provide an appropriate transition from Baif ’s high-density development to adjacent lower-density land uses.

The board accepted Hynes’ evidence and allowed the appeal, bringing the OPA into effect for 180 and 190 Webb Drive. Solicitors involved in this decision were Ian Andres (Goodmans) representing Baif Developments Inc., Roslyn Houser (Goodmans) representing Wal-Mart Canada Inc., Mark Noskiewicz (Goodmans) representing OMERS Realty Management Corp. and Square One Property Corp., Matthew Di Vona and John Alati (Davies Howe) representing
1077022 Ontario Inc., Touchstone Construction Ltd. and Jason Properties Inc., Michael Foderick and John Dawson (McCarthy Tetrault) representing Kerava Grove Estates, Susan Rosenthal (Davies Howe) representing Amacon Development (City Centre) Inc., Johanna Shapira and Dennis Wood (Wood Bull) representing Morguard Investments Ltd. and Paul DeMelo (Kagan Shastri) and city solicitor Raj Kehar representing the City of Mississauga. [See
OMB Case No. PL130350.]

Thornhill severance and variances approved
In an August 29 decision, board member Jason Chee-Hing allowed appeals by Gil and Marina Shcolyar against the City of Vaughan committee of adjustment’s refusal of their consent and minor variance applications. The Shcolyars propose to build a house on a lot created by combining severed portions of 18 Erica Road and 80 Thornbank Road.

Planner Murray Evans (Evans Planning) provided evidence on behalf of the Shcolyars in support of their appeals. He testified the proposed new and retained lots will be generously-sized and thus compatible with the existing physical character of the neighbourhood. He said the variances sought are within the range of approvals given by the COA and that the applications are consistent with the level of reinvestment taking place in the vicinity.

Neighbours Aviva Bushuev, Lyle Juravsky, Gordon Foss, Sanda and Ruxanda Badulescu and Mohammad Bidgoli opposed the appeal and expressed concerns over privacy, loss of views and compatibility of the proposed lot with the existing neighbourhood character.

Furthermore, some of the neighbours asserted that the Shcolyars have been inappropriately seeking planning approvals on an incremental basis. In response to the neighbours’ concerns, the Scholyars offered to accept a condition prohibiting them from applying for additional variances for the newly created lot for 10 years.

Agreeing with Evans’ evidence, the board found the applications to satisfy the criteria for consent and minor variances under the Planning Act, and allowed the appeals with conditions.

Solicitor Catherine Lyons (Goodmans) representing Gil and Marina Shcolyar was involved in this decision. [See OMB Case Nos. PL151229/PL151232.]