1560 Avenue Road

Update Oct, 2018

The history on this 3 storey building (looks like 4 storeys) is outlined below.  An application for additional variances was heard by the Committee of Adjustment on August 30, 2018.  It was REFUSED.

The Applicant has now appealed to the Toronto Local Appeal Body (TLAB).  A Notice of Hearing has been received setting the Hearing Date as February 15, 2019.

 

Status Sept, 2018

The building is nearing completion but there have been several interventions by the Building Department for ‘changes’ that were not approved. The building has NOT been built in accordance with the approved plans.

The developer had to submit another application to the Committee of Adjustment to deal with variances related to parking issues. They have now decided to NOT complete the third floor as Residential/they want to lease it as Office – this Change of Use causes an increased parking space requirement which they cannot satisfy. Also, the measurements of the required 3 parking spaces they have constructed at the rear of the building do not meet the width requirements so they will need a variance for this as well. The CofA hearing was held on Aug 30, 2018.

The CofA application was REFUSED.  The developer had until Sept 19, 2018 to submit an appeal to the Toronto Local Advisory Board (TLAB)

As of August 15, 2018, the retaining wall at the north of the building has NOT yet been reconstructed.

OOGRA and SAHRA continue to monitor the site to ensure that this property is developed in accordance with approved plans.

 

History

An application was heard by the Committee of Adjustment on July 6, 2010 for “an application to permit the construction of a two storey addition to the east, west and north sides of the building as well as a third storey over a portion of the building. The ground floor will contain retail and the second and third floors will be residential.”

  • Proposed Gross Floor Area of 585.66 m2 (213% of the lot area) hereas a maximum Gross Floor Area of 272 m2 (100% of the lot area is permitted)
  • Proposed lot coverage of 58.6% of the lot area (160.59m2) whereas a maximum lot coverage of 33.3% of the lot area (91.26m2) is permitted
  • Proposed number of parking spaces is three (3) whereas a minimum number of parking spaces required is seven (7)
  • Proposed building height of 9.81m wheras a maximum building height of 9.2m is permitted

It was approved on Condition:

The owner shall satisfy the City of Toronto Municipal Code Chapter 813, Article II with respect to City owned trees, to the satisfaction of the Urban Forestry Division.

The owner shall submit a Tree Security Deposit and sign a Tree Preservation Agreement to the satisfaction of the Urban Forestry Division.

The applicant to satisfy the requirements of the Transportation Services Division.

The Transportation Services Report of Jul 2, 2010 recommended that Payment-in-Lieu of Parking be applied by Council. They also stated that parked vehicle(s) overhanging the Right-of-Way is subject to parking enforcement and parking will be prohibited within the boulevard at any time. City Council approved the motion to exempt from a requirement for 7 spaces, subject to PIL for 4 parking spaces for $10,000.

But a Building Permit was not issued until April 7, 2016. But in the meantime By-law 569-2013 was enacted on May 9, 2013 with the guidelines recommended by the Avenue Road Avenue Study. SAHRA advised the City that the building was being demolished on Mar 27, 2016. All walls were demolished, as opposed to the 2010 application to allow “additions”.  A Zoning Notice dated Jun 28, 2016 identified variances now applicable to Bylaw 569-2013. The developer completed a CofA Application on Jun 30, 2016; new Plans were submitted on Aug 15, 2016. It now appeared to be a 4-storey building with a very tall 3rd storey of 5.79m. A Staff Report was prepared on Aug 16, 2016 stating that the proposal required that a Site Plan Application be submitted and recommending Deferral. The application was Deferred Non Sine at the CofA Hearing on Aug 25, 2016. On Sept 27, 2016. Building stated that construction was to be halted as construction had not taken place in accordance with the issued permit drawings. The developer continued working on site in Sept, Oct and Nov.

The developer submitted a Site Plan Control Application on Dec 8, 2016 – it referenced a 3-storey retail/commercial building where Flr 1 was retail and 2 and 3 were marked as ‘Office’. On Jan 4, 2017 revised plans were submitted for a CofA hearing on Feb 23, 2017 – the height had increased again to a max of 16.5m or 5-storeys; the 3 storeys were referred to as Retail/Office/Office; the 3rd floor is 5.79m/19 feet high; but there is no elevator and no mechanical penthouse. SAHRA submitted a letter for the CofA hearing on Feb 23, 2017. The CofA meeting was subsequently rescheduled for March 9, 2017; SAHRA and OOGRA both submitted letters with concerns; SAHRA deputed at the hearing. A Transportation Services Report was ‘read’ at the CofA hearing; apparently revised drawings had just been submitted The CofA approved based on revised drawings for parking access for a “three storey mixed use (retail, office and residential) building.

OOGRA 1560 Avenue Rd File A0613_16NY Letter of Objection Mar 9 2016
SAHRA 1560 Avenue Road CofA Mar 9 2017

On Mar 15, 2017 SAHRA reported to the City that foundation/wall construction had commenced at the site although work could not commence until the Site Plan Application has been completed and approved. OGRA and SAHRA sent numerous emails to Planning and Building about work on the site. Finally on Mar 27, 2017 an Inspector was sent to the site and on Mar 29, 2017 Building advised the owner to cease any further construction until a Building Permit for the new building is issued.

On Jul 17, 2017 SAHRA once again reported work on the site when we understood that a Stop Work Order was in effect. On Aug 10, 2017, Planning advised that a Conditional Permit was issued on Jul 20, 2017.

In March, 2018, SAHRA and OOGRA realized that a 4th storey was being constructed where the plans called for only 3 storeys with a very tall height on the 3rd floor. Building was notified and an Order to Comply was issued on Mar 23, 2018. On April 10, 2018, Planning arranged a meeting of the Owners, Building, SAHRA and OOGRTA to review the issues. The Owners were advised that they had to submit revised plans to Building for their review. OOGRA submitted a follow-up letter.
OOGRA Letter Apr 25 2018

SAHRA submitted an email stating that in addition to the 4th storey and parking issues addressed in the OOGRA letter, that the following items need to be dealt with:

  • Use of 3rd floor – is currently defined as “Residential”; if the developer wants to change this to Commercial, they will have to apply to the North York Community Council. The developer was reminded of this at the meeting.  They are currently advertising the space for lease as Commercial.  The City will have to monitor this situation.
  • 45 degree angular plane at rear – the step-back has been eliminated; a CofA variance request will have to be submitted.
  • Rooftop/mechanical penthouse – the developer has changed the location of mechanical equipment to the rooftop.  Based on the new intentions, what requirements does Building have for these changes?

OOGRA and SAHRA continue to monitor the site to ensure that this property is developed in accordance with approved plans.

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