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Toronto City Council · 2020-12-16 · 2020.CC27.7

The filed record

16 Kirtling Place - Zoning By-law Amendment Application - Request for Direction

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The decision

2020-12-16 · Toronto City Council · adopted

As filed

City Council on December 16, 17 and 18, 2020, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 8, 2020) from the City Solicitor. 2. City Council authorize the public release of: a. confidential instructions to staff in Confidential Attachment 1 to the report (December 8, 2020) from the City Solicitor; and b. Confidential Attachment 2 to the report (December 8, 2020) from the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (December 8, 2020) from the City Solicitor remain confidential, as it contains advice that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 8, 2020) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council authorize the City Solicitor to attend the Local Planning Appeal Tribunal in support of a revised settlement of the appeal related to 16 Kirtling Place on terms set out in a letter dated September 28, 2020 from Kagan Shastri LLP and substantially in the form of Architectural Drawings prepared by Richard Wengle Architect Inc. attached as Confidential Attachment 2 to the report (December 8, 2020) from the City Solicitor. 2. City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold the issuance of its Order in connection with the Zoning By-law Amendment until such time as: a. the Zoning By-law Amendments are in a final form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning; b. the owner has addressed the comments in the Engineering and Construction Services memo dated December 24, 2019, as applicable, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and c. the owner has addressed the comments in the Parks, Forestry and Recreation Urban Forestry memo dated December 20, 2019, as applicable, to the satisfaction of the General Manager, Parks, Forestry and Recreation. Confidential Attachment 2 to the report (December 8, 2020) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (December 8, 2020) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

On November 1, 2019, an application to amend the Zoning By-law was submitted to the City of Toronto for 16 Kirtling Place (the "Site"), which proposes to amend City of Toronto Zoning By-law 569-2013 and North York Zoning By-law 7625 to permit one block of townhouses having seven units, fronting York Mills Road (the "Zoning By-law Amendment Application"). On March 3, 2020, the applicant appealed the Zoning By-law Amendment Application to the Local Planning Appeal Tribunal (the "LPAT").

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The appeal was made without revisions to the original proposal and citing City Council's failure to make a decision on the application within the timeframe prescribed by the Planning Act. A case management conference has not yet been scheduled. Further information has been provided by the applicant that requires consideration by City Council. This report should be considered in tandem with the earlier report from City Planning.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential recommendations in Confidential Attachment 1. 2. If the confidential recommendations in Confidential Attachment 1 are adopted, City Council authorize the public release of: a. the recommendations contained in Confidential Attachment 1, with the remainder of Confidential Attachment 1 to remain confidential, as it contains advice subject to solicitor-client privilege; and b. Confidential Attachment 2.

    On the record

    The item as the City filed it

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