1 Weatherell Street - Proposed Designation By-Law under Part IV, Section 29 of the Ontario Heritage Act - Consideration of Objection

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The decision

2022-12-14 · Toronto City Council · adopted

As filed

City Council on December 14 and 15, 2022, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2022) from the City Solicitor, received December 19, at the discretion of the City Solicitor.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor remains confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege. The confidential instructions to staff in Confidential Attachment 1 to the report (December 5, 2022) from the City Solicitor, were adopted by City Council and are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public: 1. City Council withdraw its intention to designate the property at 1 Weatherell Street under Part IV, Section 29 of the Ontario Heritage Act. 2. City Council direct the City Clerk to remove the property at 1 Weatherell Street from the City of Toronto's Heritage Register. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2022) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 and Confidential Appendix A to the report (December 5, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

City Council has stated its intention to designate the subject property under Part IV, Section 29 of the Ontario Heritage Act. A notice of intention to designate was served on the property owners and the Ontario Heritage Trust, and was published in accordance with the Act. The objection period ended on November 3, 2022. The City Clerk received a notice of objection on behalf of Rob and Marta Vitale within the required timeframe set out in the Act.

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The Act requires that City Council consider and make a decision on an objection within 90 days from the end of the objection period. City Council may decide to withdraw, amend, or affirm its intention to designate. City Council has until January 31, 2023 to make a decision on the objection. On July 27, 2022, the Committee of Adjustment through File No. A0474/22TEY approved variances to construct a new three-storey detached dwelling with an integral garage, a front covered porch and rear terrace on two conditions: 1. Prior to the issuance of a building permit, the applicant/owner shall submit a complete application for permit to injure or remove a City owned tree(s) under Municipal Code Chapter 813, Trees Article II, Trees on City Streets, to the satisfaction of the Supervisor, Urban Forestry, Tree Protection and Plan Review, Toronto and East York District. 2. No demolition permit shall be issued in advance of a building permit. No appeals were made to the Committee of Adjustment decision and it is now final and binding.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in Confidential Attachment 1 to this report (December 5, 2022) from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix "A", to this report, if adopted by City Council, at the discretion of the City Solicitor. 3. City Council direct

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that all other information contained in Confidential Attachment 1 to this report is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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