22 Ninth Street - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Mark Grimes, seconded by Councillor Mike Colle

The variances are related to floor space index, roof eaves projection and side exterior main wall height facing a side lot. In a report from the Director, Community Planning, Etobicoke York District, dated April 12, 2022, City Planning staff recommended to the Committee of Adjustment that it refuse to authorize the requested variances. A copy of the Planning report is attached. Planning Staff opined that the proposed variances do not meet the four tests under Section 45(1) of the Planning Act. In particular, Community Planning staff opined that the location of the second and third floor, above the existing dwelling, would create an adverse impact of height and massing to the street. Planning Staff also stated that the proposed variances would allow for the creation of a development that does not respect nor reinforce the physical characteristic of the neighbourhood, and ultimately, is not in keeping with the intent of the Official Plan and Zoning By-law. On April 22, 2022, the Committee of Adjustment issued a decision approving the Application. A copy of the Committee's decision is attached. This Motion will direct the City Solicitor to appeal the Decision to the Toronto Local Appeal Body in order to oppose the Application. This matter is time sensitive as the final day to appeal the Committee's decision with respect to the Application (A0152/22EYK) for 22 Ninth Street is May 11, 2022.

the City Solicitor to negotiate a resolution of the appeal of the decision in Application A0152/22EYK 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 Etobicoke York District.