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Toronto City Council · 2020-02-26 · 2020.MM16.4

The filed record

36 George Henry Boulevard - Request for City Solicitor to Attend the Toronto Local Appeal Body - by Councillor Shelley Carroll, seconded by Councillor Kristyn Wong-Tam

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The decision

2020-02-26 · Toronto City Council · adopted

As filed

City Council on February 26, 2020, adopted the following: 1. City Council direct the City Solicitor to appeal the Committee of Adjustment's decision in Application A0648/19NY respecting 36 George Henry Boulevard. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to oppose Application A0648/19NY respecting 36 George Henry Boulevard. 3. City Council authorize the City Solicitor to retain outside consultants as necessary.

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4. City Council authorize the City Solicitor to negotiate a settlement of the appeal of Application A0648/19NY respecting 36 George Henry Boulevard and City Council authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and with the Director of Community Planning, North York District.

The vote

Adopt Item · Carried, 22-0

For (22)Ana Bailão, Anthony Perruzza, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, Jim Karygiannis, Joe Cressy, John Filion, 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 February 6, 2020, the North York Panel of the Committee of Adjustment approved an Application brought by the owner of 36 George Henry Boulevard for a minor variance pertaining to the stable top-of-bank setback in order to construct a two story addition to the front of the dwelling and second story addition above the existing garage and family room. The Application was initially presented as containing three dwelling units, including the main unit, a secondary suite in the basement and a self-contained unit over the garage with access through a side door.

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The inclusion of a third unit resulted in variance to permit a duplex where it is not permitted by the Zoning By-law. In a report from the Director, Community Planning, North York District dated November 13, 2019, Community Planning Staff identified that the Applicant would be seeking an adjournment to address the duplex variance. The Application was deferred. The Application was revised to, amongst other things, provide for access to the addition above the garage from the main unit, such that it is no longer considered a self-contained dwelling unit. As revised, the Application was approved by the Committee of Adjustment on February 6, 2020. Despite these revisions, there are outstanding concerns that the addition above the garage will be used as a third dwelling unit. This Motion will authorize the City Solicitor to appeal the Application to the Toronto Local Appeal Body, to attend the Toronto Local Appeal Body in opposition to the Application, and to secure the necessary authorization and resources to support the City's appeal.

Staff recommended

Councillor Shelley Carroll, seconded by Councillor Kristyn Wong-Tam, recommends that: 1. City Council direct the City Solicitor to appeal the Committee of Adjustment's decision in Application A0648/19NY respecting 36 George Henry Boulevard. 2. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to oppose Application A0648/19NY respecting 36 George Henry Boulevard.

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3. City Council authorize the City Solicitor to retain outside consultants as necessary. 4. City Council authorize the City Solicitor to negotiate a settlement of the appeal of Application A0648/19NY respecting 36 George Henry Boulevard and City Council authorize the City Solicitor to settle the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor and with the Director of Community Planning, North York District.

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