Representation at a Toronto Local Appeal Tribunal hearing for 75 Canterbury Place - by Councillor John Filion, seconded by Councillor Mike Colle

The applicant has requested variances for an exception to the calculation of gross floor area and for the minimum dimensions for a bicycle parking space under former North York Zoning By-law 7625. Community Planning staff do not support the application. On May 18, 2021, Community Planning staff for the North York District wrote a report to the Committee of Adjustment recommending that the minor variances be refused. Staff recommended refusal of the minor variances because the proposed additional gross floor area fails to meet the intent of the secondary plan policies, including the provision of benefits where additional density beyond the secondary plan limits is requested. Staff also cited the Application's failure to meet the four tests under section 45(1) of the Planning Act. In addition, Community Planning staff recommended that, should the Application be approved, the Committee of Adjustment's decision be conditional on the provision of a cash contribution to the City by the applicant in accordance with secondary plan density policies. At its hearing on May 27, 2021, the Committee of Adjustment approved the Application and did not impose a condition requiring a cash contribution in exchange for the increase in density. A copy of the Notice of Decision of the Committee of Adjustment is attached. This Motion will authorize the City Solicitor to appeal the Decision to the Toronto Local Appeal Board in order to oppose the proposed minor variances requested in the Application. This Motion will also give the City Solicitor authority to negotiate a settlement of the appeal and retain outside consultants as necessary.

2. City Council authorize the City Solicitor to retain outside consultants as necessary. 3. City Council authorize the City Solicitor to attempt to negotiate a resolution of the appeal and, if a resolution is reached, to settle the appeal at the City Solicitor's discretion, and in consultation with the Ward Councillor and the Chief Planner and Executive Director, City Planning.