H.W. Osmond Doyle, LL.B., LL.M.
City Solicitor
Legal Services
100 Queen Street West
14th Floor, West Tower, City Hall
Toronto ON M5H 2N2
Tel: (416) 392-8047
Fax: (416) 392-0024
November 25, 1998
To:Toronto Community Council
From:H.W.O. Doyle
Subject:2223 Bloor Street West - Runnymede Theatre (Ward 19)
Purpose:This report is for information purposes only.
Funding Sources, Financial Implications and Impact Statement:
There are no financial implications.
Recommendations:
Council Reference/Background/History:
Toronto City Council, at its meeting on October 1 and 2, 1998, amended and adopted the
September 16, 1998 report by the Commissioner of Urban Planning and Development
regarding the subject premises. In so doing Council instructed the City Solicitor to appear
before the Ontario Municipal Board ("the Board") and to retain an outside planner, if
necessary, in opposition to a proposal to permit the conversion of the Runnymede Theatre into
a Chapters Bookstore.
The applicant required variances as (1) the theatre is "split" zoned under the zoning by-law
such that the proposed retail use is not currently permitted in the rear portion of the building
and, (2) the by-law limits the amount of non-residential gross floor area that can be used for
retail use to 1,800 square metres whereas the applicant was seeking 2,178 square metres of
retail use. Those variances had been approved by the Committee of Adjustment and that
decision was appealed by a number of area residents.
Comments and/or Discussion and/or Justification:
At the hearing before the Board, the City and area residents presented their concerns regarding
the lack of a proper planning process over this particular proposal, the proposed use, historical
preservation, traffic and parking.
In its Order issued on November 5, 1998, the Board held that the proposal met all four tests
under the Planning Act for the approval of minor variances. The application was approved
subject to the condition that the use be limited to the retail sale of books, magazines, and
similar and related goods as well as an ancillary café.
In his decision, the Board Member, Mr. Yao, held that allowing the residents' appeal would
have the effect of "ensuring the destruction of the theatre", whereas the variances requested
would "permit the retention of the building and internal ornamentation". Mr. Yao did however
express concern over the divisiveness caused by the proposal, and set out his hope that there
would be productive interchanges between the parties with respect to the site plan and heritage
approval negotiations.
Further to this concern, the Board Member made the following suggestions:
1.It would have been helpful for either of the parties to have been able to call upon a
mediation service prior to the Board hearing in order to facilitate the exchange of information.
2.The City might take note of the citizen concerns raised during the hearing, particularly in
respect of the impact of "big box" stores on established retail strips.
3.The parties should be encouraged to establish an atmosphere of mutual respect. In
particular, the application proponents could have provided plans to the area residents and local
Councillors before the hearing.
Concerning the issues of traffic and parking, the Board held that there was no point in tying
the variances to a traffic study. The applicant, through his counsel, had provided the Board
with an Undertaking that he would produce a parking study for this area for the City for
information purposes.
Conclusions:
The Board approved the subject application emphasizing that this approval would result in the
retention of the building's historical structure and internal ornamentation. The Board also
expressed its view that a better mediation and communication process should have been
established, prior to the hearing, and that the City may wish to address the issue of "big box"
retail in established commercial strips.
The City and the applicant are now in the process of negotiating the site plan and historical
approvals. In this regard I understand that a report from Heritage Toronto is also before
Toronto community Council with respect to the application.
Contact Name:Marc Kemerer
Telephone:(416) 392-1228
Fax:(416) 392-0024
E-mail:mkemerer@city.toronto.on.ca
H.W.O. Doyle
City Solicitor
Legal Services
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