Zoning / Bylaw Infraction - Developer exceeds allowable building height

[Geese]

Does anyone know what the consequences would be for a developer / builder who wilfully exceeded the maximum building height allowed under the applicable zoning bylaw? I've recently heard that a large developer in downtown Toronto increased their building height almost two feet in order to provide more ceiling height for the upper penthouse residences. From what I've been told, no application was made to the committee of adjustment or OMB for a variance. How would something like this be dealt with by the city?

 

[marcus_a_j]

They wouldn't get a building permit if the increase actually put them over the maximum permitted. If a permit was issued and the change happened during construction the City could get a work-stop order until they receive a Minor Variance approval.

 

[gristle]

If they built extra height without permission, the developer could face a multi-million dollar fine.

 

[Geese]

From what I understand the changes were made well into construction and no attempt was made by the developer to apply for a variance. Essentially they were thumbing their noses at the City. Are there any documented cases of the City fining developers / builders for these kind of infractions?

 

[keith urbane]

One case in the media

Bob Aaron's column in the Toronto Star points out that there could be costly penalties when a builder/developer attempts to circumvent process:

http://www.aaron.ca/columns/2007-02-24.htm

Delays from several months (from issuance of an Order to Comply, then a Stop Work order, to a Committee of Adjustments hearing) to much longer (OMB or appeals further up the legal scale if the CofA turns down the application for the variance) could dampen the return on investment. In certain cases, the legal aspects can go on for years. There are monetary additional costs on permits, but these are more of a slap on the wrist rather than a major deterrent.