122 Rochester Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Jaye Robinson, seconded by Councillor Mike Colle

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The decision

2022-03-09 · Toronto City Council · adopted

As filed

City Council on March 9, 2022, adopted the following: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the appeal of the Committee of Adjustment's decision to refuse the minor variance application to construct a new dwelling at 122 Rochester Avenue (Application Number A0600/21NY). 2. City Council authorize the City Solicitor to retain such outside consultants, as may be necessary, to oppose the Appeal.

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3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the local Ward Councillor and with the Director, Community Planning, North York District.

On the agenda

As the city filed it

This Motion will give the City Solicitor authority, along with appropriate City Staff, to attend the Toronto Local Appeal Body in order to support the Committee of Adjustment's decision to refuse the minor variance application to construct a new dwelling at 122 Rochester Avenue (Application Number A0600/21NY) (the "Application"). The Application seeks variances from City-wide Zoning By-law 569-2013 and former City of North York Zoning By-law 7625, including variances for building height, building length, building depth, and side yard setbacks, among others.

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Planning Staff recommended that the Committee of Adjustment refuse the Application because the variances, as combined, create an inappropriate massing condition, do not meet the intent of the Zoning By-law and are not minor, among other reasons (report attached). On October 21, 2021, the Panel of the Committee of Adjustment refused to grant the requested variances (Decision attached). The applicant has appealed the refusal to the Toronto Local Appeal Board (the "Appeal"). This matter is time sensitive and urgent as a hearing of the appeal has been scheduled for May 10, 2022.

Staff recommended

Councillor Jaye Robinson, seconded by Councillor Mike Colle; recommends that: 1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the appeal of the Committee of Adjustment's decision to refuse the minor variance application to construct a new dwelling at 122 Rochester Avenue (Application Number A0600/21NY). 2. City Council authorize the City Solicitor to retain such outside consultants, as may be necessary, to oppose the Appeal.

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3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, in the City Solicitor's discretion, after consulting with the Ward Councillor and with the Director of Community Planning, North York District.

On the record

The item as the City filed it

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