413 The Kingsway - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Stephen Holyday, seconded by Councillor Vincent Crisanti

The Public Gallery wrote no story on this item. What follows is the city’s own record of what happened to it, as filed: nothing on this page is summarised or scored by us.

The decision

2023-12-13 · Toronto City Council · adopted

As filed

City Council on December 13, 14 and 15, 2023, 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 413 The Kingsway (Application A0328/23EYK). 2. City Council authorize the City Solicitor to attempt negotiate a resolution of the Appeal for 413 The Kingsway (Application A0328/23EYK), and City Council

Show the rest of As filed, 213 more characters as filed

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, Etobicoke York District.

The vote

Adopt Item · Carried, 12-7

For (12)Ausma Malik, Brad Bradford, Dianne Saxe, Frances Nunziata, James Pasternak, Jaye Robinson, Jennifer McKelvie, Josh Matlow, Lily Cheng, Nick Mantas, Paula Fletcher, Stephen Holyday

Against (7)Alejandra Bravo, Amber Morley, Gord Perks, Jon Burnside, Mike Colle, Parthi Kandavel, Shelley Carroll

Absent (7)Anthony Perruzza, Chris Moise, Jamaal Myers, Michael Thompson, Olivia Chow, Paul Ainslie, Vincent Crisanti

The whole record, all 26 members

Every name opens that member’s record.

On the agenda

As the city filed it

The applicant applied to the Committee of Adjustment requesting a variance from City-wide Zoning By-law 569-2013 related to the maximum permitted height of an ancillary building or structure (Application Number A0328/23EYK) (the Application). The Application seeks to legalize and maintain an addition at the top of an existing cabana in the rear yard. On October 26, 2023, the Etobicoke York District Panel of the Committee of Adjustment refused the Application (Decision in Attachment 1).

Show the rest of As the city filed it, 968 more characters as filed

The applicant has appealed the refusal to the Toronto Local Appeal Body (the Appeal). In a report from the Director of Community Planning, Etobicoke York District dated September 28, 2023, Community Planning Staff raised concerns and recommended that the Application be refused (Staff Report in Attachment 2). Planning Staff opined that the Application does not meet the four tests for a minor variance under Section 45(1) of the Planning Act. In particular, Community Planning Staff opined that the prevailing height of ancillary structures in the neighbourhood is the as-of-right zoning condition and that the Application fails to respect and reinforce the character of the neighbourhood. This Motion will authorize and direct the City Solicitor to attend the Toronto Local Appeal Body, along with appropriate City staff, in order to oppose the Appeal. This Motion will also authorize the City Solicitor to resolve the matter on behalf of the City in her discretion.

Staff recommended

Councillor Stephen Holyday, seconded by Councillor Vincent Crisanti, 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 413 The Kingsway (Application A0328/23EYK). 2. City Council authorize the City Solicitor to attempt negotiate a resolution of the Appeal for 413 The Kingsway (Application A0328/23EYK)

Show the rest of Staff recommended, 232 more characters as filed

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 of Community Planning, Etobicoke York District.

On the record

The item as the City filed it

More from this meeting

The whole meeting