44 Exbury Road - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor James Pasternak, seconded by Councillor Mike Colle

In a report from the Director of Community Planning, North York District dated October 2, 2023, Community Planning Staff raised concerns with respect to the Application and recommended that the Application 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. In particular, Community Planning Staff opined that the Application fails to respect and reinforce the character of the neighbourhood. On October 12, 2023, the Committee of Adjustment issued a decision approving the Application, subject to conditions (the "Decision"). A copy of the Notice of Decision of the Committee of Adjustment is attached. In order to preserve the City's right of appeal, the City Solicitor appealed the Committee of Adjustment's Decision to the Toronto Local Appeal Body on November 6, 2023. This matter is time sensitive and urgent as the City Solicitor has already appealed the Decision to the Toronto Local Appeal Body in order to preserve the City's statutory right and requires instructions to appeal and attend the hearing for this matter.

2. City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decision in Application B0013/23NY respecting 44 Exbury Road and City Council authorize the City Solicitor to settle the matter on behalf of the City at their discretion after consultation with the Ward Councillor and the Director of Community Planning, North York District.