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Toronto City Council · 2022-07-19 · 2022.MM47.22

The filed record

78 Tisdale Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Deputy Mayor Denzil Minnan-Wong, seconded by Councillor Jaye Robinson

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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 to attend the Toronto Local Appeal Body, with appropriate City staff in order to oppose the Appeal regarding the proposed development at 78 Tisdale Avenue (Application A0205/22NY). 2. City Council authorize the City Solicitor to attempt to negotiate a resolution of the Appeal for 78 Tisdale Avenue (Application

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A0205/22NY) 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 the Director, Community Planning, North York District.

On the agenda

As the city filed it

On January 31, 2017, City Council approved a rezoning for the lands known as 78 Tisdale Avenue (the "Lands"). The applicant currently has open Plan of Subdivision and Site Plan Control applications to permit a 35-unit, three-storey townhouse development in six blocks on a new public street. On May 23, 2022, the applicant applied to the Committee of Adjustment seeking minor variances to permit the construction of a 53-unit four storey townhouse development on the Lands and to make corresponding changes to the draft plan of subdivision, including changing the building type from street-facing to back-to-back townhouses and changing the configuration of blocks and access.

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The applicant also sought variances from maximum lot coverage, minimum front yard setback and maximum permitted height requirements under Zoning By-law 261-2017 (Application A0205/22NY) (the "Application"). City Planning Staff recommended refusal of the Application as Planning Staff concluded that the Application does not satisfy the statutory test under Section 45 of the Planning Act. A copy of the Planning Staff report is attached. Planning Staff opined that the Application is not minor; rather, it is a substantial departure from what was approved by City Council on January 31, 2017 and requires comprehensive technical review by City staff to determine feasibility and appropriateness. Planning Staff are also of the opinion that the magnitude of the proposed changes requires the submission of updated reports and drawings to Engineering and Construction Services respecting water and sewer servicing, stormwater management, fire services, solid waste collection and transportation impacts. The Committee of Adjustment held a hearing on June 9, 2022 and refused the Application (the "Decision"). The Decision has been appealed to the Toronto Local Appeal Body by the applicant (the "Appeal") and a hearing will be scheduled shortly. A copy of the Decision is attached. This Motion will authorize and direct the City Solicitor to attend the Toronto Local Appeal Body, along with appropriate staff, in order to oppose the Appeal.

Staff recommended

Deputy Mayor Denzil Minnan-Wong, seconded by Councillor Jaye Robinson, 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 regarding the proposed development at 78 Tisdale Avenue (Application A0205/22NY). 2. City Council authorize the City Solicitor to attempt to negotiate a resolution of the Appeal for 78 Tisdale

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Avenue (Application A0205/22NY) 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 the Director, Community Planning, North York District.

    On the record

    The item as the City filed it

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