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Toronto City Council · 2021-11-09 · 2021.MM37.16

The filed record

Request Representation at the Toronto Local Appeal Body File A0581/21NY for 10 Stayner Avenue - by Councillor Mike Colle, seconded by Councillor James Pasternak

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The decision

2021-11-09 · Toronto City Council · adopted

As filed

City Council on November 9, 10 and 12, 2021, adopted the following: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body to support and uphold the Committee of Adjustment's decision for the Minor Variances Application A0581/21NY and any other variances that may be requested regarding 10 Staynor Avenue. 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 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, North District.

On the agenda

As the city filed it

On October 7, 2021, the Committee of Adjustment, North York Panel unanimously refused the application which sought to maintain the accessory structure (pergola) in the rear yard, secondary suite in the basement, excavated rear deck and roof deck on the second floor in the front and construct a new wall and roof enclosure for the basement. In their report to the Committee, attached to this Motion, Community Planning staff recommended that should they choose to approve, the following variance should be refused: 1.

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Variance 1 for the proposed rear yard soft landscaping, as measured under Zoning By-law 569-2013; and 2. Variance 2 for the proposed lot coverage, as measured under Zoning By-law 569-2013. Further, should the Committee choose to approve the application, Staff recommend the following variances first be modified: 1. Variance 4 for the proposed area of each platform at or above the second storey, as measured under Zoning By-law 569-2013, to be reduced from 15.98 square metres to less than 10 square metres. The Applicant has appealed the Committee of Adjustment Refusal Decision to the Toronto Local Appeal Body. A date for the Hearing has not been set as yet. Research provided by area residents, community planning staff and my office shows a 2008 Minor Variance application for a second storey and two-storey rear addition was refused by the Committee of Adjustment, appealed by the owner, and ultimately refused by the Appeal Body. My office has received a great deal of opposition to this application and I agree that it is currently not in keeping with the intent of the Zoning By-law or the character of the neighbourhood, as required by the Neighbourhoods policies of the Official Plan.

Staff recommended

Councillor Mike Colle, seconded by Councillor James Pasternak, recommends that: 1. City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body to support and uphold the Committee of Adjustment's decision for the Minor Variances Application A0581/21NY and any other variances that may be requested regarding 10 Staynor Avenue. 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 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, North District.

    On the record

    The item as the City filed it

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