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←Toronto City Council · 2022-07-19 · 2022.MM47.10

The filed record

399 Rouge Highlands Drive - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Jennifer McKelvie, seconded by Councillor Gary Crawford

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The decision

2022-07-19 · Toronto City Council · adopted

As filed

City Council on July 19, 20, 21 and 22, 2022, adopted the following: 1. City Council direct the City Solicitor and appropriate City staff to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Applications A0187/21SC, A0188/21SC and B0034/21SC regarding 399 Rouge Highlands Drive. 2. City Council direct the City Solicitor to seek to retain outside consultants to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Applications A0187/21SC, A0188/21SC and B0034/21SC regarding 399 Rouge Highlands Drive.

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3. City Council authorize the City Solicitor to resolve the matter on behalf of the City in the City Solicitor's discretion.

The vote

Adopt Item · Carried, 21-1

For (21)Ana Bailão, Anthony Perruzza, Denzil Minnan-Wong, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jennifer McKelvie, Joe Mihevc, John Filion, John Tory, Josh Matlow, Mark Grimes, Michael Thompson, Mike Colle, Mike Layton, Nick Mantas, Paul Ainslie, Paula Fletcher, Robin Buxton Potts, Shelley Carroll
Against (1)Stephen Holyday
Absent (3)Brad Bradford, Cynthia Lai, Jaye Robinson
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On the agenda

As the city filed it

The applicant applied to the Committee of Adjustment seeking permission to sever the property at 399 Rouge Highlands Drive into two residential lots (Application B0034/21SC). This consent application was heard together with two companion minor variance applications (Applications A0187/21SC and A0188/21SC). The applicant seeks to redevelop the property with two new detached dwellings. The conveyed lot would have a frontage of 15.24 metres and an area of 464.1 square metres and the retained lot would have a frontage of 15.24 metres and an area of 459.5 square metres.

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The applicant also seeks variances from City-wide Zoning By-law 569-2013 and former City of Scarborough Centennial Community By-law 12077, including variances for lot frontage, lot area, floor area, dwelling height, height of proposed side main walls, height of proposed rear platform, encroachment of proposed rear platform into rear yard setback, encroachment of proposed front canopy into front yard setback, and vehicle access to parking space. On May 5, 2022, the Scarborough District Panel of the Committee of Adjustment refused to grant the requested consent to sever and companion minor variance applications (see the Decisions attached to this Motion). The applicant has appealed the refusal to the Toronto Local Appeal Body. A hearing of this appeal has been scheduled for September 30, 2022. This Motion will authorize the City Solicitor and appropriate staff to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Application A0187/21SC, A0188/21SC and B0034/21SC. This Motion will also authorize the City Solicitor to retain outside consultants as necessary and to resolve the matter on behalf of the City in the City Solicitor's discretion.

Staff recommended

Councillor Jennifer McKelvie, seconded by Councillor Gary Crawford, recommends that: 1. City Council direct the City Solicitor and appropriate City staff to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Applications A0187/21SC, A0188/21SC and B0034/21SC regarding 399 Rouge Highlands Drive. 2. City Council direct the City Solicitor to seek to retain outside consultants to attend the Toronto Local Appeal Body to uphold the Committee of Adjustment's refusal of Applications A0187/21SC, A0188/21SC and B0034/21SC regarding 399 Rouge Highlands Drive.

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3. City Council authorize the City Solicitor to resolve the matter on behalf of the City in the City Solicitor's discretion.

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