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Toronto City Council · 2020-11-25 · 2020.MM26.3

The filed record

251 Dunvegan Road - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Josh Matlow, seconded by Councillor Mike Layton

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The decision

2020-11-25 · Toronto City Council · adopted

As filed

City Council on November 25 and 26, 2020, adopted the following: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to support the Committee of Adjustment's decision to refuse the Minor Variance application requested in Application A1304/19TEY, respecting 251 Dunvegan Road. 2. City Council authorize the City Solicitor to retain outside consultants as necessary and at the City Solicitor's discretion.

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3. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application A1304/19TEY respecting 251 Dunvegan Road 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, Community Planning, Toronto and East York District.

The vote

Adopt Item · Carried, 22-1

For (22)Anthony Perruzza, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jaye Robinson, Jennifer McKelvie, 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
Against (1)Stephen Holyday
Absent (2)Ana Bailão, Joe Cressy
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On the agenda

As the city filed it

On September 21, 2020, the Committee of Adjustment refused a Minor Variance Application brought by the owners of 251 Dunvegan Road for the following variances: encroachment into the rear yard setback, exterior stairs encroachment into the building setback, building height, building length, building depth, floor space index, rear second storey platform area, front yard setback, rear yard setback, and side yard setback.

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A copy of the Committee's decision is attached. The Application proposed to construct a new two-storey detached dwelling and an in-ground swimming pool in the rear yard. In a report (September 8, 2020) from the Supervisor, Tree Protection and Plan Review, Urban Forestry Staff opposed two variances: building length and building depth. A copy of the Urban Forestry report is attached. Urban Forestry Staff opined that the approval of both the building length and depth variances will result in the removal or intolerable injury to two healthy By-law protected private trees. Urban Forestry staff also stated that the Official Plan contains policies specifically to the protection, preservation and enhancement of trees. On October 6, 2020, the owners appealed the Committee's decision to refuse the Application to the Toronto Local Appeal Body. The Toronto Local Appeal Body has issued a notice of hearing for this file and the deadline for the City to elect to be a party in this matter is December 3, 2020.

Staff recommended

Councillor Josh Matlow, seconded by Councillor Mike Layton recommends that: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to support the Committee of Adjustment's decision to refuse the Minor Variance application requested in Application A1304/19TEY, respecting 251 Dunvegan Road. 2. City Council authorize the City Solicitor to retain outside consultants as necessary and at the City Solicitor's discretion.

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3. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application A1304/19TEY respecting 251 Dunvegan Road 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, Community Planning, Toronto and East York District.

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