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Toronto City Council · 2022-02-02 · 2022.CC39.12

The filed record

63-91 Montclair Avenue - Zoning By-law Amendment - Request for Direction Regarding Ontario Land Tribunal Hearing

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The decision

2022-02-02 · Toronto City Council · adopted

As filed

City Council on February 2 and 3, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (January 26, 2022) from the City Solicitor, at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (January 26, 2022) from the City Solicitor remain confidential at the discretion of the City Solicitor. Confidential Attachment 1 and Confidential Appendices A and B to the report (January 26, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege and information regarding potential litigation. The confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the report (January 26, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

The vote

Adopt Item · Carried, 23-3

For (23)Ana Bailão, Anthony Perruzza, Brad Bradford, Cynthia Lai, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jaye Robinson, Jennifer McKelvie, Joe Cressy, John Filion, John Tory, Mark Grimes, Michael Ford, Michael Thompson, Mike Layton, Nick Mantas, Paul Ainslie, Paula Fletcher, Shelley Carroll, Stephen Holyday
Against (3)Josh Matlow, Kristyn Wong-Tam, Mike Colle
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On the agenda

As the city filed it

On June 26, 2020, a Zoning By-law Amendment and Rental Housing Demolition Application were submitted to demolish the existing buildings at 63-91 Montclair Avenue (the "Site") and to allow two new residential buildings at 21 and 23-storeys with a shared 5 and 8-storey base building (the "Application"). The Application proposes a gross floor area of 39,003 square metres, which would result in a Floor Space Index of 11.3 times the area of the Site.

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On December 23, 2020, the Applicant appealed the Zoning Amendment Application to the Ontario Land Tribunal ("OLT"), due to Council not making a decision within the 90-day time frame in the Planning Act. A hearing is scheduled to commence on April 12, 2022. The purpose of this report is to request further instructions for the purposes of the OLT Case Management Conference and hearing. City Planning has been involved in the preparation of this report.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, and Confidential Appendices A and B, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor.

    On the record

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