Just say no! This was the message from Leaside to the North York Committee of Adjustment in each of 71 written submissions (yes, I counted them) in opposition to – and none in support of – the application for “minor variances” at 1837-1845 Bayview Ave., on the southeast quadrant at Bayview and Broadway, to be heard on July 18th. Sadly, they fell on deaf ears as the minor variances were granted.
Just a sample of the comments:
- -I oppose this obscene development in the strongest way possible. The proposed building is far too high, entirely out of scale and inappropriate for this neighbourhood. It will completely destroy any sense of character and community….;
- -The entire approval and appeals process that this development has gone through is a mockery of decency, fairness and proper civic process;
- -The agreement reached in July 2023 should be honoured and no further adjustments to the building height approved;
- -The process for granting a minor variance should consider the collective voice of the community. Many residents, including myself, feel that this variance is not minor and warrants a more thorough review and community consultation;
- -The variances requested will have significant negative impacts on our neighbourhood…increased travel times, reduced pedestrian safety, increased waste production, greater strain on local utilities and the educational system and a general decline in the quality of life for residents.
A quick review of how we got here
- -July 2019. The Province approved OPA 405 (the Yonge-Eglinton Secondary Plan) permitting 20-35 storeys in the Bayview Focus Area. This new height range overruled the City-adopted plan which permitted eight storeys, but came with some legacy conditions from the City-adopted plan.
- -2021. Developer Gupta Group made an application for a 25-storey mixed use building and subsequently appealed to the Ontario Land Tribunal (OLT).
- -July 2023. A mediated settlement was reached between the applicant, the City of Toronto, and Bayview Broadway Better Planning Inc. (BBBPI) residents’ group and approved by the OLT. A key provision of the OLT settlement was to reduce the height of the building to 22 storeys from the originally proposed 25 storeys.
- -On April 29, 2024, the developer submitted a Committee of Adjustment application for a “minor variance” – for an additional 5 storeys (to 27 storeys) above the OLT- and City-approved mediated settlement.
- -On June 24, 2024, the application request was reduced to an additional three storeys, for a total of 25 storeys, the same number as the original 2021 submission. The revised submission indicated that this amendment was made “further to discussions with City Planning.”
The LRA and BBBPI in their written submissions to the Committee of Adjustment make essentially similar points of objection:
- -The making of an application to the Committee of Adjustment, while legal, represents bargaining in bad faith, given the earlier mediated settlement, and abuse of the Committee of Adjustment process, and
- -The application fails to meet the legislated planning tests of what are considered “minor” variances.
For the committee to accept a 25-storey height for the subject proposal would run counter to the approved Official Plan policies. If 20-35 storeys are accepted as of right anywhere within the Bayview Focus Area, the result will be excessive density, plus situations where tall buildings immediately abut low density development with minimal transition.
And of course the acid test is – is this really “minor”? The amended application for 25 storeys represents an additional 33 units over the number approved by the OLT and the City of Toronto. For comparison’s sake, this unit increase above permitted is similar to the number of units expected from a six-storey building on a major street, as recently approved by City Council! But where are the studies of the traffic, school, and community services impacts? And how peremptory is a hearing by the committee having to deal with 30 other applications (most of which by comparison are truly minor) that day? Which brings us back to the basic question of process – why is this application here?
This application has obviously hit a chord in Leaside – for the second time – as the first time led to the formation of BBBPI residents’ group.
This type of application has been springing up elsewhere in Toronto, and it’s high time the City took action – since the Province is evidently not willing to do so.
