The applicant for 3049-3051 Bayview Ave and 2 Blithfield Ave previously filed an appeal with the Ontario Municipal Board (OMB), as provincial legislation permits. At the public meeting held on April 20, 2016, numerous concerns and opposition to the application were expressed by the residents in attendance.


Following the applicant's appeal, I gained support at City Council for the City to oppose the application on behalf of the community at the OMB. A pre-hearing conference was held on January 25, 2017.


I have spoken to the City's lawyer, Ms. Moscovich, and I understand that several residents and representatives of the BVA were in attendance at the OMB pre-hearing conference. City Planning staff was also present.


Ms. Moscovich advised that the developer shared revised plans with those of you who attended the Prehearing Conference, on a without prejudice basis.  We have now been presented with a formal settlement offer based on those plans.


The revised plans represent the most recent of many iterations of the proposal, and have resulted from months of discussion between the developer, the City Solicitor's office, City Planning staff and my office. During this time my efforts were aimed at securing changes to the development proposal that would be consistent with the guidelines for townhouses that apply to the west side of Bayview Ave. Much of what has now been presented also mirrors standards for the built form that was approved for the townhouse project to the north at Burleigh Heights.


I continue to have concerns that townhomes are not appropriate for this site, but the decision to refuse the application now rests with the OMB, which has approved similar proposals within the area in the past.


The developer has consented to our office to share the most significant revisions to the plans with you, on a without prejudice basis.  They are as follows:


  • Revisions to the upper levels of certain units to enable significant compliance with an angular plane of 35% drawn from the property line.


  • A reduction from 4 storeys to 3 storeys


  • The height has been reduced to 10.7 metres, plus the projection of parapet.


  • The south side yard setback has been revised to achieve an average of 3.0 metres and the north side yard setback has been revised to achieve a setback of 1.2 metres.


  • The front yard setback is 3.0 metres, with some projections.


  • The east rear yard setback was increased to 9.7 metres at the “pinch point”.


  • The creation of additional space for landscaping fronting on Blithfield Avenue, with generous space for landscaping and planting remaining along the east side yard setback.


  • Plantings and streetscape improvements have been provided for on Bayview Avenue. 

  • The southernmost townhouse (TH11) has been oriented to have its “address” located on Blithfield Avenue and to address design concerns raised at our meeting.


  • Planters have been added to the third floor terraces to mitigate privacy concerns.  A tall row of trees is now also proposed to improve privacy for the immediately adjacent neighbours to the east.


  • The plans now divide the proposed 11 townhouses into two blocks, divided by a break that is 2.0 metres in width, which can be used as a walkway as necessary.


  • The front elevations have been updated to address design, including the symmetrical pairing of units through the articulation of facades and roof lines.


The City's Solicitor presented the settlement offer through her report and it was approved by City Council at its meeting on January 31st. There was a short window for review, with the offer contingent on approval at this meeting, but several parties including neighbours and the ratepayer's association had the opportunity to review the plans and share the above information with others. This allowed for some outstanding concerns to be expressed to our office, many of which can be addressed during the future site plan approvals process.

3049-3051 Bayview and 2 Blithfield Ave OMB appeal and settlement offer