At the time of the OMB hearing, and throughout the site plan approval process, the architectural plans for this building have included a two storey mechanical penthouse commencing on a portion of level 25 and extending to an upper mechanical penthouse level above. This two storey mechanical penthouse was excluded from the calculation of gross floor area when the By-laws were finalized (in consultation with City Staff) and approved by the OMB. More recently however, Buildings Department staff have taken the interpretation that in By-law 569-2013 only the upper mechanical penthouse area may be excluded from the calculation of gross floor area, and the lower mechanical penthouse area on the 25th floor must be included. Buildings Staff have not applied this interpretation to the calculation of gross floor area in By-law 438-86. There are also a few additional small areas within the building which were previously excluded, but are now being included in the calculation. Accordingly variances to increase the permitted residential gross floor area, and the combined residential and non-residential gross floor area, are required in respect of the By-law 569-2013 site specific By-law. The building continues to comply with the permitted gross floor area in the By-law 438-86 site specific By-law and these variances do not change the height or massing of the building.