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Toronto City Council · 2019-07-16 · 2019.MM9.40

The filed record

100 Edward Street - Appeal of Committee of Adjustment Decision - by Councillor Mike Layton, seconded by Councillor Joe Cressy

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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 authorize the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing to support the Committee of Adjustment's decision in Application A0454/18TEY respecting 70 and 100 Edward Street and 636 Bay Street. 2. City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision

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in application A0454/18TEY respecting 70 and 100 Edward Street and 636 Bay Street and authorize the City Solicitor to settle the matter on behalf of the City in the City Solicitor's discretion after consultation with the Ward Councillor and with the Director, Community Planning, Toronto and East York District.

On the agenda

As the city filed it

On April 17, 2019, the Committee of Adjustment refused a minor variance application brought by the owner of 70 and 100 Edward Street and 636 Bay Street to construct a new 19-storey and 22-storey mixed use building with a connected 7-storey base building and five levels of below grade parking (Application A0454/18TEY). Variances from the applicable Zoning By-laws were sought for the building height and penetration of an angular plane, tower setbacks, building setbacks, floor space index and gross floor area, number of dwelling units, amenity space, and location of long-term bicycle parking spaces.

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The Owner appealed the refusal to the Local Planning Appeal Tribunal in order to consolidate the appeal with the previously-appealed Site Plan application. In the report (April 10, 2019) from the Director, Community Planning, Toronto and East York District, Community Planning Staff recommended that the application be refused. Planning Staff identified a number of outstanding issues with the proposal which were previously identified through review of the Site Plan application, including building heights which must comply with Official Plan policies 3.1.5.45 and 3.1.1.9 and 10; building heights which demonstrate compliance with the City's helicopter flight path protection policies and regulations; appropriate building massing including tower setbacks and separation distances which provide for adequate light and privacy; building setbacks which provide for a suitable interface with the public realm; and appropriate design of bicycle parking areas. The requested variances do not meet the intent of the Official Plan and Zoning By-law, and are not a desirable use of the land. This Motion would give the City Solicitor and appropriate City Staff authority to attend at the Local Planning Appeal Tribunal to defend the position set out in the Planning Staff report dated April 10, 2019. This Motion is time sensitive and urgent as the applicant has appealed the Committee's decision to refuse the Application to the Local Planning Appeal Tribunal and the City Solicitor requires instructions to attend the hearing.

Staff recommended

Councillor Mike Layton, seconded by Councillor Joe Cressy, recommends that: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Local Planning Appeal Tribunal hearing to support the Committee of Adjustment's decision in Application A0454/18TEY respecting 70 and 100 Edward Street and 636 Bay Street. 2. City Council authorize the City Solicitor to negotiate a settlement of the appeal

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of the decision in application A0454/18TEY respecting 70 and 100 Edward Street and 636 Bay Street and authorize the City Solicitor to settle the matter on behalf of the City in the City Solicitor's discretion after consultation with the Ward Councillor and with the Director, Community Planning, Toronto and East York District.

    On the record

    The item as the City filed it

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