8 Yorkleigh Avenue - Committee of Adjustment Decision

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The decision

2024-03-20 · Toronto City Council · amended

As filed

City Council on March 20 and 21, 2024, adopted the following: 1. City Council instruct the City Solicitor to withdraw the appeal before the Toronto Local Appeal Body, as it pertains to 8 Yorkleigh Avenue. 2. City Council request the City Solicitor to include the concepts of abuse of process and res judicata in the training offered by Legal Services staff to Committee of Adjustment staff, and as part of the ongoing training provided to Committee of Adjustment panel members.

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3. City Council direct that Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege. Confidential Attachment 1 to the report (March 7, 2024) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.

On the agenda

As the city filed it

On February 8, 2024, the Committee of Adjustment (the "Committee") considered applications made by the owner of 8 Yorkleigh Avenue for a consent to sever the lot and construct a new dwelling on each of the two new lots, and for three minor variances from City-wide Zoning By-law 569-2013 in respect of one of the new lots. Two of the minor variances were for relief from Zoning by-law provisions regulating lot frontage and lot area.

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The Committee of Adjustment gave its provisional consent and authorized the requested variances. Copies of the Committee's decisions are attached as Public Attachment 1. In accordance with the motion adopted by Etobicoke York Community Council on February 28, 2024 (Item EY11.14), the City Solicitor appealed the Committee's decision in order to preserve the City's rights, in the event that City Council directs the City to attend the Toronto Local Appeal Body in opposition to the Committee's decision.

Staff recommended

The City Solicitor recommends that: 1. City Council receive this report for information. 2. City Council direct that all information contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential as it contains advice which is subject to solicitor-client privilege.

On the record

The item as the City filed it

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