6040 Bathurst Street and 5 Fisherville Road - Zoning By-law Amendment Application - Request for Directions

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The decision

2019-07-16 · Toronto City Council · adopted

As filed

City Council on July 16, 17 and 18, 2019, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 15, 2019) from the City Solicitor. 2. City Council authorize the City Solicitor, in the City Solicitor's sole discretion, to disclose the contents of Confidential Attachment 1 and Confidential Appendices C and D to the report (July 15, 2019) from the City Solicitor and direct that Confidential Appendices A and B to the report (July 15, 2019) from the City Solicitor shall remain confidential subject to the owner's consent to release those documents in whole or in part.

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Confidential Attachment 1 and Confidential Appendices A, B, C and D to the report (July 15, 2019) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City of Toronto and they contain advice or communications that are subject to solicitor-client privilege. The contents of Confidential Attachment 1 and Confidential Appendices C and D to the report (July 15, 2019) will be made public at the City Solicitor's sole discretion. Confidential Appendices A and B to the report (July 15, 2019) from the City Solicitor will be made public subject to the owner's consent to release those documents in whole or in part.

On the agenda

As the city filed it

The applicant appealed its Zoning By-law Amendment application to the Ontario Municipal Board, now the Local Planning Appeal Tribunal (the "Tribunal"), on September 15, 2017 for City Council's failure to make a decision on the application prior to the lapsing of the statutory time period. Notwithstanding recent amendments to the Planning Act, the Tribunal will maintain jurisdiction over the appeal according to the rules of the former Ontario Municipal Board.

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Further direction from City Council is required on this matter which has been appealed to the Tribunal.

Staff recommended

The City Solicitor recommends: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the confidential recommendations contained in Confidential Attachment 1 are adopted, City Council authorize the City Solicitor, in her sole discretion, to disclose the contents of Confidential Attachment 1, Confidential Appendix "C", and Confidential Appendix "D" but Confidential Appendix "A" and Confidential

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Appendix "B" shall remain confidential subject to the owner's consent to release those documents in whole or in part.

On the record

The item as the City filed it

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