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←Toronto City Council · 2019-12-17 · 2019.CC13.7

The filed record

25 Fisherville Road - Zoning By-law Amendment Application - Request for Directions

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The decision

2019-12-17 · Toronto City Council · adopted

As filed

City Council on December 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in opposition to the owner's appeal and in support of City Council's adoption of the development proposal as described in Item NY8.1, adopted by City Council on October 2 and 3, 2019. 2. City Council direct the City Solicitor to enter into discussions with the Owner with any settlement conditional on City Council approval. 3. City Council direct the City Solicitor to report back to City Council with any settlement offers from the Owner for the purpose of receiving further instructions. The balance of Confidential Attachment 1 to the report (December 11, 2019) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

The vote

Adopt Item · Carried, 16-2

For (16)Ana Bailão, Anthony Perruzza, Brad Bradford, Frances Nunziata, Gary Crawford, Gord Perks, Jennifer McKelvie, John Tory, Kristyn Wong-Tam, Mark Grimes, Michael Thompson, Mike Colle, Mike Layton, Paul Ainslie, Paula Fletcher, Stephen Holyday
Against (2)James Pasternak, Josh Matlow
Absent (8)Cynthia Lai, Denzil Minnan-Wong, Jaye Robinson, Jim Karygiannis, Joe Cressy, John Filion, Michael Ford, Shelley Carroll
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On the agenda

As the city filed it

On November 29, 2019 the City Clerk's office received a Notice of Appeal to the Local Planning Appeal Tribunal (the "Tribunal") in respect of IMH 25 Fisherville Ltd.'s (the "Owner") application to amend City of Toronto Zoning By-law 569-2013, as amended and the former City of North York By-law 7625, as amended, for the lands municipally known as 25 Fisherville Road. A copy of the Owner's Notice of Appeal is attached as Public Appendix A.

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The grounds for the appeal are City Council's failure to make a decision on the application prior to the lapsing of the statutory time period under the Planning Act. Direction from City Council is required on this matter which has been appealed to the Tribunal.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1; 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1; and 3. City Council direct that the remaining confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

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