98 Bogert Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor John Filion, seconded by Councillor Joe Mihevc

The Applications require a total of 9 minor variances to City of Toronto Zoning By-law 569-2013 and former City of North York Zoning By-law 7625 for each of the two proposed new dwellings. The variances relate to minimum lot area, minimum lot frontage, lot coverage, side yard setback, front yard setback, building height, and minimum side yard setback for non-encroaching platforms. In a report from the Director, Community Planning, North York District dated July 26, 2021, Community Planning Staff raised concerns with respect to the Applications and recommended that the Applications be refused. A copy of the Planning Report is attached. Planning Staff opined that the requested consent to sever fails to satisfy the consent criteria under Section 51(24) of the Planning Act and that the requested minor variance applications do not meet the four tests for minor variance under s. 45(1) of the Planning Act. In particular, Community Planning Staff opined that the Applications fail to respect and reinforce the character of the neighbourhood and that they do not satisfy the general intent and purpose of the Official Plan and Zoning By-law. On June 23, 2022, the Committee of Adjustment issued decisions refusing the Applications, finding that the proposed severance did not satisfy the requirements of s. 51(24) of the Planning Act, and that the proposed variances failed each of the four tests for minor variance under s. 45(1) of the Planning Act (the "Decisions"). The Decisions are attached. This Motion will direct the City Solicitor to attend the Toronto Local Appeal Body in order to oppose the Applications. This matter is time sensitive and urgent as the deadline to request party status at the Toronto Local Appeal Body, although not yet set, is anticipated to fall between July City Council and August City Council.

2. City Council authorize the City Solicitor to negotiate a settlement of the appeal of the Decisions in Applications B0017/21NY, A0296/21NY, A0297/21NY respecting 98 Bogert Avenue 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 of Community Planning, North York District.