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←Toronto City Council · 2021-02-02 · 2021.CC28.13

The filed record

25 Fisherville Road - Zoning By-law Amendment Application - Request for Directions

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The decision

2021-02-02 · Toronto City Council · adopted

As filed

City Council on February 2, 3 and 5, 2021, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2021) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2021) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (January 27, 2021) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

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The confidential instructions to staff in Confidential Attachment 1 to the report (January 27, 2021) from the City Solicitor were adopted by City Council and are now public, as follows: 1. City Council accept the Settlement Offer of the appellant and City Council authorize the City Solicitor and appropriate City staff to attend the Local Planning Appeal Tribunal in support of the Settlement Offer, the terms of which the Owner has agreed are set out in Item 2019.NY8.1, adopted by City Council on October 2 and 3, 2019. The balance of Confidential Attachment 1 to the report (January 27, 2021) 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.

The vote

Adopt Item · Carried, 24-2

For (24)Ana Bailão, Anthony Perruzza, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, Jaye Robinson, Jennifer McKelvie, Joe Cressy, John Filion, John Tory, Kristyn Wong-Tam, Mark Grimes, Michael Ford, Michael Thompson, Mike Colle, Mike Layton, Nick Mantas, Paul Ainslie, Paula Fletcher, Shelley Carroll, Stephen Holyday
Against (2)James Pasternak, Josh Matlow
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On the agenda

As the city filed it

On November 29, 2019 the City Clerk's office received a Notice of Appeal to the Local Planning Appeal Tribunal (the "Tribunal") in respect of IMH 25 Fisherville Ltd.'s (the "Owner") application to amend City of Toronto Zoning By-law 569-2013, as amended and the former City of North York By-law 7625, as amended, for the lands municipally known as 25 Fisherville Road. The grounds for the appeal are City Council's failure to make a decision on the application prior to the lapsing of the statutory time period under the Planning Act.

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The Owner has filed a letter with the City Solicitor's Office, dated January 23, 2020 (received by email dated January 22, 2021 which suggests the date on the Owner's letter is a typographical error) confirming the Owner will support City Council's decision to approve the Owner's application to amend the applicable zoning by-law, including City Council's requirements to be satisfied prior to the proposed amendment to the zoning by-law coming into force and effect. A copy of the Owner's letter is attached as Public Appendix A. Direction from City Council is required on this matter which has been appealed to the Tribunal.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1. 3. City Council direct that the remaining confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.

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