106 Cortleigh Boulevard - Request Representation at the Toronto Local Appeal Body File A0330/20NY - by Councillor Mike Colle, seconded by Councillor Jaye Robinson

The application proposed a variance to permit a third storey, whereas under Zoning Bylaw 569-2013, the maximum permitted storeys is two. The application also requests variances to permit a building height of 10.75 metres as measured under By-law 569-2013, whereas the maximum permitted building height is 7.2 metres. The maximum storey and building height provisions are devised, in part, to ensure a consistent pattern of development. It should be noted that the height of 10.75 metres was granted for a pitched roof by Committee of Adjustment Decision A0457/16NY in June 2016. A flat roof dwelling would create greater overlook issues, result in more shadowing and would generally feel more imposing than a pitched roof building. The application requests a Floor Space Index of 0.77 times the area of the lot whereas By-law Number 569-2013 permits a maximum Floor Space Index of 0.6 times the area of the lot. Floor Space Index provisions are devised, in part, to regulate the size of structures to ensure consistent patterns of development. The Floor Space Index of 0.625 was granted by Committee of Adjustment Decision A0457/16NY however, the staff report dated June 16, 2016 recommended the reduction of the Floor Space Index . The majority of new dwellings nearby to the subject property have been approved at approximately 0.6. Staff are of the opinion that the proposed Floor Space Index is contrary to the intent of the Zoning By-law and should be refused. I fully support staff's recommendation that the application for the proposed third storey, building height and the floor space index variances are contrary to the intent of the Zoning By-law and potentially destabilizing to the character of the neighbourhood. The applicant has appealed the Committee of Adjustment Refusal Decision to the Toronto Local Appeal Board. A date for the Hearing has not been set.

3. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision 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 the Director, Community Planning, North District.