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Toronto City Council · 2023-02-07 · 2023.CC3.3

The filed record

1555-1575 Queen Street East - Authority to Amend Section 37 Agreement to Reflect the Minor Variance Decision of the Committee of Adjustment

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The decision

2023-02-07 · Toronto City Council · adopted

As filed

City Council on February 7 and 8, 2023, adopted the following: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 26, 2020, registered as Instrument AT5558406 on October 29, 2020 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated January 18, 2023.

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2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.

On the agenda

As the city filed it

On July 28, 2020, City Council approved Site-Specific Zoning By-law 831-2020 and Site-Specific Zoning By-law 832-2020 (the "Zoning By-laws") permitting the revitalization of a Toronto Community Housing site located at 1555-1575 Queen Street East including a 10 storey residential building (the "TCHC Building"), and a 17 and 16 storey mixed-use building (the "Market Building"). On December 16, 2022, the applicant submitted a minor variance application to the Committee of Adjustment seeking relief from the provisions of the Zoning By-laws relating to the timing of certain obligations related to the design and construction of municipal infrastructure improvements in connection with the development of the Market Building (the "Minor Variance Application").

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On January 18, 2023, the Committee of Adjustment approved the Minor Variance Application (the "Committee of Adjustment Decision"). The Section 37 Agreement registered on title as Instrument AT5558406 on October 29, 2020 (the "Section 37 Agreement") similarly includes provisions relating to the timing of the design and construction of municipal infrastructure improvements in connection with the development of the Market Building. In light of the Committee of Adjustment Decision, the Section 37 Agreement will need to be amended to reflect the revised timing as approved by the Committee of Adjustment.

Staff recommended

The City Solicitor recommends that: 1. City Council authorize the appropriate City officials to enter into and register on title an agreement to amend the Section 37 Agreement dated October 26, 2020, registered as Instrument AT5558406 on October 29, 2020 to implement the revised timing for the design and construction of municipal infrastructure improvements as approved by the Committee of Adjustment Decision dated January 18, 2023.

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2. City Council authorize the City Solicitor to make any other such amendments determined necessary to implement City Council's decision on this matter, on terms satisfactory to the Chief Planner and Executive Director, City Planning and in a form satisfactory to the City Solicitor.

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