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must have mixed res­i­den­tial and com­mer­cial use. They can be no less than 20 to 30 me­tres from the rail­way track and must have a 2.5me­tre-high berm with a noise wall.

One pro­posal, submitted by Bianca Con­dos by Tridel, is for a nine-storey mixed-use condo on 420 Dupont St. Jim Ritchie, ex­ec­u­tive VP of sales and mar­ket­ing at Tridel, said he sup­ports the city’s de­sign cri­te­ria, par­tic­u­larly the use of green space and multi-pur­pose build­ings.

“It’s a great part of the city, and we wanted to be a part of that re­de­vel­op­ment,” Ritchie said. He added, “The rail­way has been there an aw­ful long time, and it has op­er­ated, for the most part, rea­son­ably well. We have to take cer­tain pre­cau­tions, which we are ab­so­lutely do­ing, but we are very happy to be de­vel­op­ing in this lo­ca­tion.”

Not all de­vel­op­ers are on board with th­ese pre­cau­tions. Ac­cord­ing to a re­quest for ac­tion re­port pre­pared by city staff, dated March 2017, the land pur­chased on 344–358 Dupont St. doesn’t have enough green space for the 20me­tre set­back.The de­vel­oper, Freed De­vel­op­ments, tried to ne­go­ti­ate al­ter­na­tives with Toronto City Coun­cil, such as in­stalling a crash wall, but ul­ti­mately reached an im­passe. Freed De­vel­op­ments has also pro­posed the build­ing to be 19 storeys high.

“It does not rep­re­sent good plan­ning and is not in the public in­ter­est, and for th­ese rea­sons City Coun­cil should di­rect the City Solic­i­tor and ap­pro­pri­ate City staff to at­tend the On­tario Mu­nic­i­pal Board in op­po­si­tion to the pro­posal,” a staff re­port from the City of Toronto reads.

Freed De­vel­op­ments did not re­spond to mul­ti­ple re­quests for com­ment.

“The re­al­ity is, the rail­way has been there for 100 years. The mu­nic­i­pal­i­ties en­croach closer and closer to the rail line,” co-chair of the An­nex Res­i­dents’ As­so­ci­a­tion Henry Wiercin­ski said. “This has noth­ing to do with an­tide­vel­op­ment. It’s a ques­tion of ap­pro­pri­ate de­vel­op­ment, and Freed’s thing at 19 storeys is just com­pletely over the top.”

The DSRAS notes that de­vel­op­ers have a “civic re­spon­si­bil­ity” to meet the needs of the gen­eral public, which means ad­her­ing to both the safety and de­sign guide­lines, ac­cord­ing to Brooks. The On­tario Mu­nic­i­pal Board is ex­pected to rule on Freed De­vel­op­ments’ pro­posal by Septem­ber.

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