59 R Hepbourne Street - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Ana Bailão, seconded by Councillor Paula Fletcher

With respect to the two minor variance applications specifically, variances from City-wide Zoning By-law 569-2013 are sought with respect to: 1. minimum required building setbacks for a terrace and porch; 2. minimum required lot area (for both minor variance applications, or "Both"); 3. minimum required lot frontage (Both); 4. minimum rear lot line abutting a lane (Both); 5. minimum side exterior main wall height (Both); 6. maximum floor space index (Both); 7. minimum side yard setback (Both); 8. maximum canopy encroachment (Both); 9. minimum architectural feature encroachment (Both); 10. a use on land that does not abut an existing street (Both); 11. a use on land that does not have service connections to a lot line (Both); and 12. a dwelling to be located on land that does not abut an existing street (Both). Engineering and Construction Services staff recommended that the Committee of Adjustment refuse the Applications. Engineering and Construction Services staff were of the opinion that there is no municipal infrastructure in the public lane on which the proposed severed lots will front and none will be permitted to be installed to service the proposed severed lots (see the Engineering and Construction Services supplementary memorandum attached to this Motion). Community Planning Staff also recommended that the Committee of Adjustment refuse the Applications. Community Planning Staff were of the opinion that the requested consent and minor variances fail to satisfy the relevant statutory criteria (see the Planning Staff Report attached to this Motion). On March 2, 2022, the Committee refused the requested consent and minor variances (see the Committee of Adjustment's Notice of Decision attached to this Motion). The Applicant has appealed the refusal to the Toronto Local Appeal Body (the "Appeal"). The hearing of the Appeal has been scheduled for August 11, 2022 (see the Toronto Local Appeal Body's Notice of Hearing attached to this Motion).

3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding said 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, Community Planning, Toronto and East York District.