I spoke with one of the construction workers, he confirmed the building was planned for 58ish floors. He also said that the podium/base of the building would structurally be the same, so if they had to add a couple floors at the the top that could happen and that it does frequently. That said, he mentioned it was 'good to know, thanks', so at least he was unaware. I have an acquaintance in the real estate field that will ask his lawyer what would happen in this scenario, but to say the least I would have liked to have been informed about this prior to signing the deal. My friends suggestion was to call and ask the developer, so if anyone has done / can do that let me know.
Thanks
Whether a construction worker confirmed 58-ish floors or not would have no bearing on the fact that the City has only approved 58 floors here. The workers do not always know, depending on whom you're speaking with. And it would not be a case of "if they had to add a couple floors at the top that could happen and it does frequently", nor "usually they meet with the city". The developer must go through the normal channels if they want to build any taller, larger, etc., than they have approval for.The question was raised to developer and I was told that usually they meet with the city and negotiate to get the floors for which they originally planned and sold the units for. They sounded very confident !!
The route would be to go to the Committee of Adjustment first, as that process is relatively short. The CoA can grant permission if they feel the request falls within the realm of a minor variance to what is approved, and then they must agree that the variance would not have a negative affect on the surroundings.
If the CoA turns down the request, the developer can go the route of applying for another zoning amendment. That process can take a while, and would likely be a minimum of 4 months long, unless the City came back with an immediate response denying their request. Were that to happen, the developer could take the issue to the Ontario Municipal Board, but scheduling a hearing for that could take longer than the construction of the tower to 58 storeys.
There's no slam-dunk here that this building, which the City whittled down to 58 storeys, might be allowed to go higher.
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