43 Russell Hill Road - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Josh Matlow, seconded by Councillor Mike Layton

In total, the Applications seek six variances, which relate to height, number of storeys, rear yard landscaping, front yard ancillary buildings, and rooftop platform size. Planning Staff did not submit a report to the Committee of Adjustment. The Committee of Adjustment refused the variances in its first decision dated July 22, 2021, and approved some of the variances in its second decision dated October 7, 2021. Copies of both Notices of Decision are attached to this Motion. The first decision was appealed to the Toronto Local Appeal Body by the Owner, and the second decision was appealed to the Toronto Local Appeal Body by a neighbouring resident (the "Appeals"). This Motion will give the City solicitor authority to oppose the Applications at the Toronto Local Appeal Body. In addition, this Motion will give the City Solicitor authority to attempt to negotiate a settlement of the Appeals. Finally, this Motion will give the City Solicitor authority to retain outside consultants as necessary. This matter is time sensitive and urgent as the Appeals have been scheduled for a hearing and the City Solicitor requires instructions to attend in opposition to the Applications.

3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Application and Appeal, and City Council authorize the City Solicitor be authorized 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, Toronto and East York District.