STOP THE TENNIS BUBBLE - TORONTO LAWN TENNIS CLUB

STOP THE TENNIS BUBBLE - TORONTO LAWN TENNIS CLUB

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Yonge Rosedale Neighbourhood started this petition to Michael Layton

Issue - Toronto Lawn Tennis Club received construction permit for a new inflatable tennis bubble along Pricefield Road, in contravention of OMB's decision earlier prohibiting construction of a tennis bubble along Pricefield. The construction permit should be rescinded.

1. Long running history of opposition to new tennis bubbles and the OMB decision prohibiting them.

In 1996 and 1997, the South Rosedale Ratepayer Association opposed just such a new tennis bubble at the Committee of Adjustment, and, joined by the City of Toronto, at a Ontario Municipal Board hearing. The merits of the case were thoroughly litigated, and the resulting OMB decision expressly prohibited what the TLTC is in the process of doing today. Furthermore, other attempts by the club in 1974, 1976, 1987, and 2009 were either rejected by the Committee of Adjustment or abandoned by the Club in the face of opposition. 

2. New building permits issued for a tennis bubble contrary to allowed building types under the bylaw.

The building examiner appears to have failed to consider the OMB decision when new building permits were issued to the TLTC on Nov 27, 2020 for a new tennis bubble over the northern courts.

Even assuming the TLTC was considered a permitted use on the site, the only buildings that were allowed according to zoning bylaw RD (f1 3.5; d0.6) were residential buildings and not temporary air-supported tennis bubbles. Therefore, the building permits would seem to have been issued in error and should now be revoked.

If there were any doubt about the allowable buildings, the OMB decision should have proven decisive in rejecting the bubble.

In a memo from Beate Bowron, Director, Development Approval, to Councillor John Adams on the subject of Tennis Bubbles:

"Presently, the Zoning By-law does not list bubbles as a permitted use in any district. The provisions of the Zoning By-law have been structured in such a way as to limit the height, size and location of accessory structures in Residential and Mixed Commercial/Residential Districts so that bubbles do not occur as-of-right. Theerefore, all applications for bubbles for private and public tennis cours in R and MCR/CR areas are reviewed, either through the Committee of Adjustment process or through rezoning."

3. Sub rosa rezoning of 44 Price Street.

When the new zoning bylaw was adopted in 2013, there was a specific exception 1186 for the TLTC site that added a "racquet club" as a permitted use. It may be the case that this amendment was adopted without proper due process. Our previous legal counsel, Jane Pepino and her team has not yet found a staff report that should have examined the exception prior to its adoption, including a consideration of the OMB decision. Nor does there seem to have been a consultation with affected local residents. If the site had been re-zoned under the former bylaw, then there would have been a mandatory public consultation process. 

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