1982-1984 Yonge Street - Authorize an Application for Minor Variance - by Councillor Josh Matlow, seconded by Councillor Mike Colle

A total of 2 car share spaces are proposed at the rear of the building on the ground floor. As part of the approval of the application, the City secured, through a Section 37 agreement, the provision and maintenance of 30 rental dwelling units in the proposed development, including one affordable rental dwelling unit. The Zoning By-law application for 1982-1984 Yonge Street was submitted on December 22, 2016 and deemed complete on June 1, 2017. A Preliminary Report on the application was adopted by Toronto and East York Community Council on June 13, 2017 authorizing staff to conduct a community consultation meeting with an expanded notification area. A final report recommending approval of the application for 1982-1984 Yonge Street was approved by City Council on July 23, 24, 25, 26, 27 and 30, 2018 without amendments. The site-specific by-laws are attached amending Zoning By-law 438-86 and 569-2013. The applicant has approached the City seeking to amend the proposal to convert two storeys of residential uses to non-residential (office) uses, requiring an increase to the maximum permitted non-residential gross floor area for the site. It should be noted that the required amendments would not result in an increased development density or otherwise modify the built form or total gross floor area. The proposed change would accordingly reduce the total number of dwelling units from 30 to 20 units. The units would remain rental with the single affordable rental unit maintained in the revised proposal. The section 37 agreement, securing the rental units and affordable unit, would be amended to reflect the conversion of the two floors to non-residential uses. Under the Planning Act, as now amended, this landowner would not otherwise be able to file for a minor variance application to the Committee of Adjustment, Toronto and East York District, for zoning relief in this regard until July 23, 2020, thus delaying site redevelopment and further restricting the availability for family rental housing and additional office space. As a result, City Council's authorization for submission of a minor variance application at this time is warranted. While the minor variance process may be the appropriate process, this resolution is not intended to and does not relay Council's endorsement of the merits of the application. City Staff and the City Solicitor agree with this approach and seek instruction from City Council. This matter is urgent as the construction of the development is pending, the site plan application having progressed to issuance of a Notice of Approval Conditions, and the current backlog with the Committee of Adjustment hearing schedule, requires that applications be made four months prior to matters being heard.

2. In the event the Committee of Adjustment approve the requested variances, City Council direct the City Solicitor to amend the section 37 agreement to give effect to the changes authorized by the variances, to secure one affordable rental dwelling unit and a total of 20 rental dwelling units.