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Toronto and East York Community Council · 2024-01-24 · 2024.TE10.42

The filed record

316 Bloor Street West - Request for City Solicitor to Attend at the Toronto Local Appeal Body

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The decision

2024-02-06 · Toronto City Council · amended

As filed

City Council on February 6 and 7, 2024, adopted the following: 1. City Council authorize the City Solicitor to both appeal and attend the Toronto Local Appeal Body, with appropriate City staff, in order to determine whether the variances approved by the Committee of Adjustment regarding the proposed development at 316 Bloor Street West (Application Number A0597/23TEY) were "minor". 2. City Council authorize the City Solicitor to retain outside consultants as necessary.

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3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application Number A0597/23TEY respecting 316 Bloor Street West, including amending the existing section 37 Agreement for the subject site, if such a resolution can be reached, and City Council authorize the City Solicitor to resolve the matter on behalf of the City, including withdrawing the Minor Variance Appeal, at the City Solicitor's discretion, after consultation with the Ward Councillor and the Director, Community Planning, Toronto East York District.

On the agenda

As the city filed it

The applicant applied to the Committee of Adjustment requesting variances from Site Specific Zoning By-law 595-2021(OLT), as amended by City Wide By-law 569-2013 (Application Number A0597/23TEY), including variances to height, maximum permitted gross floor area, and minimum amenity space. Site Specific By-law No. 595-2021 (OLT) zones the subject property to permit a 29-storey mixed-use building of 98 metres. The applicant applied to permit a mixed-use building of 121.4 metres.

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On December 13, 2023, the Toronto East York Panel of the Committee of Adjustment approved the requested variances, with conditions including a cash contribution allocated towards community facilities, recreation, cultural space, and/or streetscape improvements within Ward 11 (the "Decision"). (Decision in Attachment 1). In its report dated December 4, 2023, City Planning Staff commented that they had no objections to the proposed variances. Staff recommended that the Owner make a cash contribution to the City of Toronto, should the Committee of Adjustment approve the variances. (Staff Report in Attachment 2). This letter will authorize and direct the City Solicitor to appeal and to attend the Toronto Local Appeal Body, along with appropriate City staff, in order to oppose the Committee of Adjustment's decision, on the ground that the variances were not minor. This Motion will also authorize the City Solicitor to retain outside consultants and to resolve the matter on behalf of the City in her discretion. This matter is time sensitive and urgent as the City Solicitor has already appealed the Decision to the Toronto Local Appeal Body in order to preserve the City's statutory right and requires instructions to appeal and attend the hearing for this matter.

Staff recommended

Councillor Dianne Saxe recommends that: 1. City Council authorize the City Solicitor to both appeal and attend the Toronto Local Appeal Body, with appropriate City staff, in order to determine whether the variances approved by the Committee of Adjustment regarding the proposed development at 316 Bloor Street West (Application Number A0597/23TEY) were "minor". 2. City Council authorize the City Solicitor to retain outside consultants as necessary.

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3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding Application Number A0597/23TEY respecting 316 Bloor Street West and City Council authorize the City Solicitor to resolve the matter on behalf of the City, at the City Solicitor's discretion, after consultation with the Ward Councillor and the Director, Community Planning, Toronto East York District.

Considered

On the record

The item as the City filed it

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