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←Toronto City Council · 2019-03-27 · 2019.MM5.25

The filed record

88 Florence Avenue - Representation at a Toronto Local Appeal Body Hearing - by Councillor John Filion, seconded by Councillor Mike Colle

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The decision

2019-03-27 · Toronto City Council · adopted

As filed

City Council on March 27 and 28, 2019, adopted the following: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 88 Florence Avenue to uphold the Committee of Adjustment's refusal of the consent and minor variances requested through Applications A0708/18NY, A0709/18NY, and B0048/18NY. 2. City Council authorize the City Solicitor to retain outside consultants, as necessary.

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3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

On the agenda

As the city filed it

The applicant applied to the Committee of Adjustment (Applications A0708/18NY, A0709/18NY, and B0048/18NY) for consent to sever and for minor variances. The applicant proposes to sever the existing lot, which would result in two equal, undersized residential lots requiring variances to lot frontage and lot area. The Applications also request variances with respect to side yard setbacks, rear deck setbacks, lot coverage, roof eave projection, side exterior main wall height, minimum parking space width, and building height.

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At its hearing on February 7, 2019, the Committee of Adjustment refused the Applications (the Decisions). The Notices of Decision are attached. The applicant has appealed the Decisions to the Toronto Local Appeal Body. This Motion will authorize the City Solicitor, and appropriate City Staff, to attend the Toronto Local Appeal Body in order to oppose the proposed consent and minor variances requested in the Applications. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants as necessary. This matter is time sensitive and urgent as a hearing for this matter has been scheduled for August 8 and 9, 2019 and the City Solicitor requires instructions to attend the hearing in opposition of the proposal.

Staff recommended

Councillor John Filion, seconded by Councillor Mike Colle, recommends that: 1. City Council authorize and direct the City Solicitor, and any other appropriate City staff to attend the Toronto Local Appeal Body hearing for 88 Florence Avenue to uphold the Committee of Adjustment's refusal of the consent and minor variances requested through Applications A0708/18NY, A0709/18NY, and B0048/18NY. 2. City Council authorize the City Solicitor to retain outside consultants as necessary.

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3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.

    On the record

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