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Toronto City Council · 2019-04-16 · 2019.MM6.26

The filed record

369 Walmer Road - Representation at Toronto Local Appeal Body Appeal Hearing - by Councillor Josh Matlow, seconded by Councillor Jim Karygiannis

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The decision

2019-04-16 · Toronto City Council · adopted

As filed

City Council on April 16 and 17, 2019, adopted the following: 1. City Council direct the City Solicitor, and any other appropriate City staff, to attend the Toronto Local Appeal Body hearing in respect of 369 Walmer Road to uphold the Committee of Adjustment's refusal of the applicant's proposed development (Application B0091/18TEY, A0983/18TEY, A0982/18TEY). 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.

The vote

Adopt Item · Carried, 23-1

For (23)Ana Bailão, Anthony Perruzza, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jaye Robinson, Jennifer McKelvie, Jim Karygiannis, Joe Cressy, John Filion, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Michael Thompson, Mike Colle, Mike Layton, Paul Ainslie, Paula Fletcher, Shelley Carroll
Against (1)Stephen Holyday
Absent (2)John Tory, Michael Ford
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On the agenda

As the city filed it

On February 13, 2019, the Toronto and East York District Panel of the Committee of Adjustment refused applications related to the property municipally known as 369 Walmer Road (the "Subject Property") for consent to sever the lot, and two associated applications for minor variances (the "Applications"). The applicant has appealed the refusal decision to the Toronto Local Appeal Body. The applicant proposes to obtain consent to sever the property into two undersized residential lots, construct a new three-storey semi-detached duplex on each lot, and to create various easements/rights-of-way.

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The application requires variances to City-wide Zoning By-law 569-2013 including variances for: [1] maximum permitted height of all front and rear exterior main walls, [2] maximum permitted height of exterior main walls facing a side lot line, [3] maximum permitted depth, [4] maximum permitted floor space index, [5] maximum permitted total floor area of all ancillary buildings or structures on the lot, [6] minimum required side yard setback, [7] minimum required lot frontage; [8] and minimum required side yard setback for the exterior of two attached duplex residential buildings. Community Planning staff reviewed the Applications and did not raise an objection. As a result, the City Solicitor will need to retain external planning consultants to provide evidence for the appeal. Copies of the Notices of Decision of the Committee of Adjustment are attached. This Motion will authorize the City Solicitor to oppose the applicant's Toronto Local Appeal Body appeal and to secure the necessary authorization and resources to support the City's opposition to the appeal, including providing for the ability for the City Solicitor to settle the matter. This Motion is urgent because the deadline to file a Notice of Intention to be a party in this Toronto Local Appeal Body hearing is April 23, 2019, and the deadline to file document disclosure is May 2, 2019.

Staff recommended

Councillor Josh Matlow, seconded by Councillor Jim Karygiannis, recommends that: 1. City Council direct the City Solicitor, and any other appropriate City staff, to attend the Toronto Local Appeal Body hearing in respect of 369 Walmer Road to uphold the Committee of Adjustment's refusal of the applicant's proposed development (Application B0091/18TEY, A0983/18TEY, A0982/18TEY). 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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