Committee grants variance to developer despite ongoing investigation at Toronto property

Residents of a York neighbourhood are speaking out after Toronto’s Committee of Adjustment approved variances for a construction company that’s been accused of cutting down trees without permission. 

There are currently nine investigations open into developer Modcity’s conduct, including one in which they were allegedly caught by neighbours cutting down a tree at a property they didn’t even own yet.

On Wednesday, the Committee of Adjustment approved the variances for a multiplex and garden suite that will be build where those trees once stood.

“They cut them down April 20, they had the survey done April 21, so I mean it doesn’t take a genius to see what’s happening,” said local resident Stephanie Pacheco. “Apparently it does because Committee of Adjustment doesn’t see it, it doesn’t take a genius. They cut down the trees in the middle of the night because they had the survey done the next day.”

However, chopping down trees, whether it was illegally or not, is not one of the four tests that Committee of Adjustment is supposed to use to evaluate a property. A fact that the lawyer representing the applicant Wednesday mentioned multiple times.

“With respect, that broader context is not before you when assessing the four tests,” said Ian Flett, the lawyer representing . “Whatever may or may not have happened is not relevant to this committee.”

But some members of the Committee of Adjustment argue that an ongoing investigation at the property would have some bearing on their decision.

“I do think that the outcome of those investigations would potentially actually have an impact on the decisions that we make here from a planning perspective so I would prefer to move to a deferral,” said committee member Katie Plazier.

Other members weren’t convinced. Some weren’t convinced there was any investigation at all.

“They’re allegations at this point. We have no report from Urban Forestry before us, as a consequence its difficult for us to ascribe any opinion to that, it would be great if we had something but we don’t,” said Larry Clay, the Chair of the Committee of Adjustment.

However, Councillor Alejandra Bravo did submit a letter outlining those concerns, and steps that city council has taken to crack down on Modcity’s alleged offences.

“This is disappointing and I think really concerning that a letter from a city councillor who’s making the argument that there’s an investigation underway and for that to be dismissed as, ‘Oh, we have no knowledge of the investigation.’ I think there’s serious questions and I will be working to follow this up with everything that I have,” said Bravo.

After the Committee voted down a deferral and approved the variances, residents walked out of the meeting exhausted and frustrated.

“I just think that the system is made for the developers and not for us, what is the point of having a Committee of Adjustments if you’re actually not going to take our concerns to heart,” said Pacheco.