Village of Yorkville - City-Initiated Zoning Amendment for Front Yard Setbacks - Properties Municipally known as 98-164 Cumberland Street, 153-159 Cumberland Street, 70-140 Yorkville Avenue, 63-137 Yorkville Avenue, 25-29 Bellair Street, and 18-26 Bellair Street - Request for Directions

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The decision

2020-09-30 · Toronto City Council · adopted

As filed

City Council on September 30, October 1 and 2, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 18, 2020) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (September 18, 2020) from the City Solicitor at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (September 18, 2020) from the City Solicitor remain confidential as it contains advice and information that is subject to solicitor-client privilege. 4. City Council authorize the public release of Confidential Attachment 2 to the report (September 18, 2020) from the City Solicitor at the discretion of the City Solicitor. Confidential Attachment 1 to the report (September 18, 2020) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (September 18, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor. Confidential Attachment 2 to the report (September 18, 2020) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. Confidential Attachment 2 to the report (September 18, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor. January 8, 2021 The confidential instructions to staff in Confidential Attachment 1 to the report (September 18, 2020) from the City Solicitor were adopted by City Council and are now public as follows, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council accept the offer to settle the subject appeals on the terms described in Confidential Attachment 2 (the "Settlement Offer") to the report (September 18, 2020) from the City Solicitor, 2. City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the Settlement Offer and to request that the Tribunal exercise its authority under subsection 34(26)(b) of the Planning Act and amend City of Toronto By-laws 119-2018 and 120-2018 (collectively, the "Zoning By-laws") in accordance with the proposed changes to the Zoning By-laws as set out in the Settlement Offer. 3. City Council direct the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal to request a technical amendment to the Zoning By-laws to remove the property municipal known as 135 Yorkville Avenue from the application of the Zoning By-laws. 4. City Council authorize the City Solicitor and necessary City staff to take such necessary steps, as required, to implement City Council's decision. Confidential Attachment 2 to the report (September 18, 2020) is now public, the City Solicitor having exercised the City Solicitor's discretion to make it public, and it can be accessed under Background Information (City Council).

On the agenda

As the city filed it

City of Toronto By-laws 119-2018 and 120-2018 were adopted by City Council on February 1, 2018 (the "Zoning By-laws"). The Zoning By-laws amended City of Toronto By-law 569-2013, as amended and former City of Toronto By-law 438-86, as amended, to require a minimum front yard setback for properties within the Village of Yorkville (being 98-164 Cumberland Street, 153-159 Cumberland Street, 70-140 Yorkville Avenue, 63-137 Yorkville Avenue, 25-29 Bellair Street, and 18-26 Bellair Street).

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The minimum front yard setback for these properties under the Zoning By-laws is 3 metres or, for properties with existing front yard setbacks greater than 3 metres, the average of the existing setback of the front wall containing the principal pedestrian entrance located farthest from the front lot line and 3 metres. The Zoning By-laws were appealed by seven parties to the former Ontario Municipal Board in early 2018. A 5-day hearing by the Local Planning Appeal Tribunal (LPAT) scheduled to commence on August 31, 2020 was adjourned by the LPAT.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the City Solicitor's Report. 2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the City Solicitor's Report at the discretion of the City Solicitor if adopted by City Council. 3. City Council direct that all other information contained in Confidential Attachment 1 to the City Solicitor's Report is to remain confidential, as it contains advice and information which is subject to solicitor-client privilege.

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4. City Council authorise the public release of Confidential Attachment 2 to the City Solicitor's Report at the discretion of the City Solicitor in the event City Council adopts the recommendations contained in Confidential Attachment 1 to the City Solicitor's Report.

On the record

The item as the City filed it

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