A highly contested proposal to build a 39-storey condominium tower in the heart of Yorkville has been struck down by the Ontario Land Tribunal (OLT), marking a significant victory for local residents and city planners seeking to preserve the area’s historic low-rise charm.
In a decision released Monday, the tribunal sided with both the ABC Residents Association and Toronto City Council, concluding that the proposed tower at 69 Yorkville Ave. would be far too tall for a neighbourhood governed by strict height limits and would undermine Yorkville’s distinctive village-like streetscape.
Developer Tried to Go Taller After Initial Rejection
The ruling caps a surprising escalation by Cheong Family Holdings Ltd., which originally applied in 2021 to build a 29-storey tower offering 143 condo units. After the city rejected the application for excessive height, the developer took an unusual path: it came back with an even taller 39-storey proposal in 2024, this time offering 169 units and a small museum space at street level.
Long-time planning lawyer Andrew Biggart, who represented the residents’ association, said the move was unprecedented.
“Normally what happens is the developer reduces the height to try to appease the zones of opposition,” he said. “I’ve never, never seen anything like this.”
Residents Call the Decision a ‘Game Changer’
For neighbourhood advocates, the decision is a watershed moment.
ABC Residents Association co-chair John Caliendo said the ruling reaffirms long-standing city policies that cap building heights at four storeys on Yorkville’s interior streets.
“Yorkville Village is worthwhile saving,” he said, adding that an approval would have emboldened future proposals “far beyond” the neighbourhood’s limits.
Caliendo argued that allowing ultra-luxury towers in Yorkville does not address Toronto’s housing crisis.
“How does two and three and four and $5-million condos in the heart of Yorkville solve the f—ing housing crisis?” he said. “If you want to talk about solutions for housing, I’ll give you five. I’ll give you 10. None of them have to do with feeding these investor condos.”
Housing Advocates Disappointed
Not everyone welcomed the decision.
More Neighbours Toronto volunteer Garnet Lollar said the outcome prioritizes existing residents’ aesthetic preferences over the city’s urgent need for new housing.
Lollar argued that the tribunal should support developments that add to the housing supply, especially during a crisis.
Tall Buildings Nearby Don’t Set the Standard, Tribunal Says
The developer argued that the tower was appropriate because several high-rise buildings already exist nearby, especially along Bay Street.
But municipal policy clearly distinguishes between major streets, where tall buildings are permitted, and Yorkville’s interior, where low-rise development is required.
The OLT adjudicator rejected the developer’s claim that Yorkville’s “true low-rise heart” begins further west at Bellair Street.
He concluded that 69 Yorkville Ave. sits squarely within the protected interior zone.
Economic and Cultural Importance of Yorkville
Caliendo said protecting Yorkville’s character is not just about residents — it’s about the city’s economic and cultural identity.
He compared the neighbourhood to Manhattan’s Greenwich Village and London’s Chelsea, calling it an “economic capital” that attracts tourists and generates millions in sales tax annually.