133 Summerhill Avenue - Toronto Local Appeal Body Hearing - Request for Directions

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The decision

2024-09-05 · Toronto City Council · adopted

As filed

City Council on September 5, 2024, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (August 26, 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.

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The confidential instructions to staff in Confidential Attachment 1 to the report (August 26, 2024) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor to seek party status at the Toronto Local Appeal Body, and to attend the Toronto Local Appeal Body hearing, with appropriate City staff, in opposition to the appeal of the Committee of Adjustment's decision to refuse the Minor Variance application in Application A0132/24TEY, respecting 133 Summerhill Avenue. 2. City Council authorize the City Solicitor to attempt negotiate a resolution of the appeal of the decision in Application A0132/24TEY, respecting 133 Summerhill Avenue and to resolve the matter on behalf of the City at the City Solicitor's discretion in consultation Director of Community Planning, Toronto and East York District. The balance of Confidential Attachment 1 to the report (August 26, 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 (August 26, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

The applicant applied to the Committee of Adjustment requesting variances from City-wide Zoning By-law 569-2013 related to minimum rear yard soft landscaping, the minimum distance between main walls of a townhouse and maximum floor space index (Application Number A0132/24TEY) (the "Application"). The Application seeks to alter the existing two-and-one-half-storey townhouse dwelling by constructing a rear three-story addition with rear ground-level stairs, and to legalize and maintain the existing rear stone patio.

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On July 23, 2024, the Toronto and East York of the Committee of Adjustment refused the Application (Decision in Public Attachment 1). The applicant has appealed the refusal to the Toronto Local Appeal Body. The Toronto Local Appeal Body has issued a notice of hearing for this matter; the deadline to seek party status for this matter is September 9, 2024, the deadline for expert witness statements is October 7, 2024, and the hearing is scheduled to proceed on November 13, 2024. Direction from City Council is required on this matter.

Staff recommended

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

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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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