March 31, 1998

Standing Committee/Community Council/City Council

 To:Toronto Community Council 

Head of Department

From:Sylvia N. Watson, Toronto Community Council Solicitor

Subject:595 Bay Street, 20 and 40 Dundas Street West and 306 Yonge Street

- Ontario Municipal Board Decision (Ward 24 - Downtown)

  Purpose:

 To advise regarding the Ontario Municipal Board decision in this matter.

 Source of Funds:

 Not Applicable.

 Recommendations:

 That this report be received.

 Council Reference/Background/History:

 At its meeting of October 6 & 7, 1997, the Council of the former City of Toronto adopted Clause 20 contained in Report No. 16 of the Land Use Committee and directed that staff attend the Ontario Municipal Board hearing in support of the Committee of Adjustment decision permitting a number of variances relating to renovation of the Atrium on Bay and a "media tower" structure at 306 Yonge Street.

  Comments and/or Discussion and/or Justification:

 Owners of 336 Yonge Street (Sunrise Records) appealed to the Ontario Municipal Board a decision of the Committee of Adjustment authorizing eleven variances at 595 Bay Street, 20 and 40 Dundas Street West and 306 Yonge Street by The Atrium on Bay Incorporated. Nine of the eleven related to minor increases in floor area, the filling of existing voids between floors, correcting area calculations to match with City figures, a correction regarding number of parking spaces and improved relationships between store fronts and sidewalks. These variances were uncontested.

 One of the contested variances allowed a height not to exceed 55.3 metres above grade, excluding the approximate 3 metre by 3 metres by 6 metre prow. The other contested variance permitted the penetration of the 44-degree angular plane projected over the lot from Yonge Street at an elevation of 16 metres. The Committee required a 4-metre setback from the property line above a height of 16 metres, excluding three minor encroachments of less than 2 metres above a height of 33 metres.

 The Board found that the media tower represented good planning and would have no direct negative impact on the appellant's property. Noting that the tower would be "an open steel skeleton", and not a solid mass, and that it would be set back appropriately from the building's front wall, the Board found that the general intent and purpose of the Zoning By-law would be maintained. In summary, the Board found that the media tower would be "an enhancement to the existing unique prominent character of the Yonge/Dundas intersection area providing an icon to this provincially important central area attraction for retail shopping".

  Conclusions:

 The Board dismissed the appeal and authorized the variances, finding that all eleven variances approved by the Committee of Adjustment meet the four tests of subsection 45(1) of the Planning Act.

 Contact Name:

 John Paton

Telephone (416) 392-7230

Fax: (416) 392-0024

  Signature of Department Head

Title

  Sylvia N. Watson

Toronto Community Council Solicitor

Full Document Name (e.g. P:\1998\UG\CPS\LEG\CN980001.LEG)JAP:sy