48 Mattice Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Stephen Holyday, seconded by Councillor Mark Grimes

The Applications proposed to sever the subject property into two undersized residential lots and to construct two single detached dwellings on each lot. In a report from the Director, Community Planning, Etobicoke York District, dated January 4, 2022, Planning opposed the consent and all the proposed variances. A copy of the Planning report is attached. Planning Staff opined that the approval of the consent and minor variances would weaken the established character of the neighbourhood and result in other applications of a similar nature. Planning Staff also stated that the proposed consent and minor variances would allow for the creation of two undersize lots that do not respect nor reinforce the physical character of the neighbourhood, and ultimately, are not in keeping with the intent of the Official Plan and Zoning By-law. In a report from the Supervisor, Tree Protection and Plan Review, dated January 4, 2022, Urban Forestry Staff opposed the consent and one variance in both the Minor Variance Applications: lot coverage. A copy of the Urban Forestry report is attached. Urban Forestry Staff opined that the approval of the consent and lot coverage variance will result in the construction of a driveway that requires the removal of two healthy by-law protected City trees and one healthy by-law protected private tree. Urban Forestry staff also stated that the Official Plan contains policies specifically to the protection, preservation and enhancement of trees. On February 1, 2022, the owners appealed the Committee's decision to refuse the Application to the Toronto Local Appeal Body. The Toronto Local Appeal Body has not yet issued a notice of hearing for this file, however, a notice of hearing will be issued imminently.

2. City Council authorize the City Solicitor to negotiate a resolution of the appeal of the decision in Application A0460/20EYK (Part 1), A0461/20EYK (Part 2), and B0023/21EYK respecting 48 Mattice Avenue 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 of Community Planning, Etobicoke York District.