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←Toronto City Council · 2019-05-14 · 2019.MM7.18

The filed record

139 Hillhurst Boulevard - Request for City Solicitor to Attend at the Toronto Local Appeal Body - Councillor Mike Colle, seconded by Councillor James Pasternak

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The decision

2019-05-14 · Toronto City Council · adopted

As filed

City Council on May 14 and 15, 2019, adopted the following: 1. City Council authorize the City Solicitor to attempt to negotiate a settlement of the applicant's appeal regarding 139 Hillhurst Boulevard and authorize the City Solicitor to settle the matter in the City Solicitor's discretion after consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor. 2. In the event a settlement

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cannot be reached, City Council authorize the City Solicitor, along with appropriate City staff, to attend the Toronto Local Appeal Body and to retain outside consultants as necessary to oppose the minor variances requested in Committee of Adjustment application A0053/19NY for 139 Hillhurst Boulevard.

The vote

Adopt Item · Carried, 26-0

For (26)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, John Tory, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Colle, Mike Layton, Paul Ainslie, Paula Fletcher, Shelley Carroll, Stephen Holyday
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On the agenda

As the city filed it

On March 21, 2019, the North York Panel of the Committee of Adjustment modified and approved the application for minor variances requested for the property municipally known as 139 Hillhurst Boulevard. The Notice of Decision is attached to this Motion. In their report to the Committee dated March 12, 2019, attached to this Motion, Community Planning staff recommended that the application be refused. Planning had concerns with a number of the variances proposed, particularly building height, number of storeys and floor space index, and that in their opinion "the number of variances required to facilitate the proposal are neither individually nor cumulatively minor in nature.

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As such, Planning staff recommend that the application be refused." Planning Staff were of the opinion that the variances do not satisfy each of the four tests under Section 45(1) of the Planning Act and therefore the application should be refused. The applicant has appealed the Committee of Adjustment's modified Decision to the Toronto Local Appeal Body and the date for the hearing is September 9, 2019 which means that the City's Notice of Intention to be a Party is due this Wednesday, May 15, 2019.

Staff recommended

Councillor Mike Colle, seconded by Councillor James Pasternak, recommends that: 1. City Council authorize the City Solicitor to attempt to negotiate a settlement of the applicant's appeal regarding 139 Hillhurst Boulevard and authorize the City Solicitor to settle the matter in the City Solicitor's discretion after consultation with the Chief Planner and Executive Director, City Planning and the Ward Councillor. 2. In

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the event a settlement cannot be reached, City Council authorize the City Solicitor, along with appropriate City staff, to attend the Toronto Local Appeal Body and to retain outside consultants as necessary to oppose the minor variances requested in Committee of Adjustment application A0053/19NY for 139 Hillhurst Boulevard.

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