3194-3206 Dundas St West: LPAT appeal
I wanted to give you an important update on the development proposal at 3194-3206 Dundas St West. I have been informed by the City Clerk’s Office and our Planning Department that earlier this week the proponent appealed their application to the Local Planning Appeals Tribunal (LPAT), formerly known as the OMB.
As you may remember in December 2019 a pre-application meeting was held for this potential development site, with a formal application being submitted in June 2020. Following the preliminary report, community consultation, and comments from City Staff, the proponent submitted new plans in December 2020. While this update addressed some of the City’s issues, major outstanding concerns remain, including the massing of the building and proximity to neighbouring properties. These concerns have yet to be addressed by the proponent.
City Planning Staff are still open to finding a solution with the applicant, and discussions can continue up until the hearing. Should the applicant and the City fail to reach an agreement prior to the hearing, a negative staff report will be sent to Council, directing City Legal to fight this case at the LPAT. While the scheduling of a hearing is at the discretion of the LPAT, due to the slowdown at the beginning of the pandemic, we are finding most cases are being heard a full year after an appeal is made.
As always, we will let you know of further information as it becomes available. Should you have any questions, please do not hesitate to contact my office.
How does a project like this need to go to LPAT to get approval? Seems like such a waste of resources for a city planning staff that is already over worked and under staffed.
It is indeed a waste. But the narrative around how the neighbourhood and the developer have interacted around this proposal has not captured the nuance of the challenges involved. From the beginning, I think, most neighbours of this proposal (disclosure, I am one of them) have accepted this proposal as both necessary, positive and inevitable. That said, while the inevitability of the proposal is a given that shouldn't mean that developers should just get exactly what they propose. Neighbours had what I think were legitimate concerns around height, setback, privacy, laneway etc. that the developer was just frankly uninterested and unwilling to make any concessions on. The City had similar concerns and that is why it went to OLT. I'm positive (but have no evidence of) that this will be settled in advance of going to the hearing in the developer's clear favour. Unfortunately what I think gets missed in these conversations when they get cast in binary terms of pro or anti development, NIMBY vs YIMBY, is that even when the approval of developments should be easier - that should not mean concerns or issues of the existing neighbours need be ignored.How does a project like this need to go to LPAT to get approval? Seems like such a waste of resources for a city planning staff that is already over worked and under staffed.