410 Sherbourne Street - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2024-05-22 · Toronto City Council · amended

As filed

City Council on May 22 and 23, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 7, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in the Confidential Attachment 1 and Appendices A, B, and C to the report (May 7, 2024) from the City Solicitor, and the timing of the release of each document shall be at the discretion of the City Solicitor to be no later than June 5, 2024.

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3. City Council direct that the balance of Confidential Attachment 1 to the report (May 7, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege. May 31, 2024 The confidential instructions to staff in Confidential Attachment 1 to the report (May 7, 2024) 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, as follows: 1. City Council accept the without prejudice settlement offer attached as Confidential Appendices A and B to the report (May 7, 2024) from the City Solicitor and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the draft Zoning By-law Amendment included as Confidential Appendix C to the report (May 7, 2024) from the City Solicitor. 2. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendices A, B and C to the report (May 7, 2024) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (May 7, 2024) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (May 7, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On November 7, 2021, the City received a Zoning By-law Amendment application for 410 Sherbourne Street to permit the construction of a 42-storey mixed-use building containing 473 dwelling units. During its meeting of December 13, 2023, City Council directed that the Zoning By-law Amendment be refused in its current form, and in the event the applications were appealed to the Ontario Land Tribunal, City Council pursuant to subsection 34(11.0.0.1) of the Planning Act, use mediation, conciliation or other dispute resolution techniques in an attempt to resolve the Zoning By-law Amendment application, to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

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The Owner appealed City Council's refusal to the Ontario Land Tribunal on January 25, 2024 and the appeal materials were forwarded to the Ontario Land Tribunal after the seventy-five day period set out in subsection 34(11.0.0.1) elapsed. A Case Management Conference has been scheduled for June 6, 2024. The City Solicitor requires further direction in the Ontario Land Tribunal proceeding. This matter is urgent and cannot be deferred.

Staff recommended

The City Solicitor recommends that: 1. City Council adopt the recommendations contained in the Confidential Attachment 1 to this report from the City Solicitor. 2. City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Appendices A, B, and C to this report from the City Solicitor, if adopted by City Council. 3. City Council direct that all other information

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contained in Confidential Attachment 1 to this report from the City Solicitor is to remain confidential at the discretion of the City Solicitor, 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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