The City of Toronto will be asking for permission to appeal a decision from the Ontario Municipal Board that would allow a Home Depot store to be built on lands zoned for employment purposes only.
“It is the city’s position that it is a conversion from an employment use to a retail use,” said Andrew Biggart, a lawyer who is contracted by the city. “And the city wants to protect its employment land.”
Citing the growth plan for the greater Golden Horseshoe, retail is defined as a non-employment use, Biggart said.
The now-vacant lot on the northwest corner of York Mills Road and Lesmill Road is also subject to a second development proposal that would primarily be used for a 15-storey all-suites hotel with retail stores, restaurants and professional and medical offices.
The developer is also seeking permission for a wide range of other uses, such as an adult education school, artist studio and various other facilities.
But Coun. Dennis Minnan-Wong said the developer seems to want to use it for a seniors’ home and is using the term “long-term hotel for seniors.”
“A seniors’ home is an inappropriate use of that property, in my view,” Minnan-Wong said.
But he said he has a different view on the Home Depot proposal because employment in retail is preferable to no jobs at all.
“That particular property, there hasn’t been much interest in anybody purchasing it and using it,” Minnan-Wong said.
City council has yet to approve the zoning for the hotel or the additional outlets.
It has already denied rezoning for the Home Depot, after which the case went to the OMB.
The OMB granted approval for the plan amendment, but the city sought review from the board chair.
“The board, after examining the decision, ordered a new hearing,” Biggart said, but the outcome was the same.
Now, the city has filed a notice of application for leave to appeal to the divisional court.
If approved, Biggart will argue an appeal before the divisional court panel, and it is expected that by early spring a decision will be made.
Tiziana Baccega, spokesperson for Home Depot, said they are looking for a positive outcome for themselves and for Home Depot because “we would love to have the lands zoned to build there.”
The plan also includes a parking garage.