8 Yorkleigh Avenue Request for City Solicitor to Report to City Council and Preserve Appeal Rights

Applications for a similar proposal were brought by the owner on two previous occasions. The first proposal was heard by the Committee on August 13, 2020 and was refused. A copy of the Committee's decisions in respect of the first proposal is attached as Attachment 2. The second proposal was heard by the Committee on July 13, 2021 and was approved. However, a neighbourhood resident appealed the Committee's approval to the TLAB and the TLAB subsequently refused the associated applications in a decision issued on August 19, 2022. A copy of the TLAB decision is attached as Attachment 3. The owner subsequently appealed the TLAB's decision to the Ontario Divisional Court. In a decision issued on February 16, 2023, the Divisional Court upheld the TLAB decision. The Divisional Court's decision is attached as Attachment 4. It should be noted that on June 4, 2021, City Planning produced a report for consideration at Etobicoke York Community Council that surveyed options for protecting "Estate Lots" in Etobicoke Neighbourhoods. This report is attached as Attachment 5. This motion will direct the City Solicitor to report directly to the March 20, 2024 City Council regarding the history, information, circumstances, analysis, and options to Council on the Committee's recent decision to grant a severance in respect of 8 Yorkleigh Avenue. This motion will also give the City Solicitor authority to take the necessary steps to preserve Council's right of appeal to the TLAB concerning the Committee's recent decision to grant a severance in respect of 8 Yorkleigh Avenue until such time Council may consider the options.

the necessary steps to preserve Council's right of appeal to the TLAB concerning the 8 Yorkleigh Avenue Committee of Adjustment Decision until such time Council may consider the options.