3019 Dufferin Street - Zoning By-law Amendment Application - Ontario Land Tribunal Hearing - Request for Directions

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The decision

2025-07-23 · Toronto City Council · adopted

As filed

City Council on July 23 and 24, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 14, 2025) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 14, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (July 14, 2025) 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 (July 14, 2025) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council direct the City Solicitor to attend at the Ontario Land Tribunal to oppose the Revised Proposal set out in Public Attachment 1 to the report (July 14, 2025) from the City Solicitor. 2. City Council authorize the City Solicitor and other appropriate City Staff to continue discussions with the applicant to obtain additional required documentation, and to address outstanding issues, including but not limited to, appropriate built form, height, setbacks and stepbacks, floor plates, separation distances, transition, and unit mix. 3. City Council authorize the City Solicitor and City Staff to take any necessary steps to implement City Council's decision, including requesting any conditions of approval that would be in the City's interest, in the event the Ontario Land Tribunal allows the appeal, in whole or in part. The balance of Confidential Attachment 1 to the report (July 14, 2025) 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 (July 14, 2025) from the City Solicitor will be made public at the discretion of the City Solicitor.

On the agenda

As the city filed it

On December 16, 2016, the City received a Zoning By-law Amendment application for 3019 Dufferin Street (the "Site") to permit the construction of an eight-storey, mixed use building. The then applicant appealed City Council's neglect or failure to make a decision on its application for the Zoning By-law Amendment to the then Local Planning Appeal Tribunal (now the Ontario Land Tribunal) on November 28, 2017. The applicant revised the proposal on March 2, 2018, with the building remaining an eight-storey mixed-use building.

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City Council adopted a Request for Directions Report at its meeting of January 30 and 31, 2019, authorizing the City Solicitor to attend at the Local Planning Appeal Tribunal in support of the revised proposal. The Local Planning Appeal Tribunal issued an Order on September 6, 2019 allowing the development in principle, subject to a number of conditions. A Final Order was never issued on the appeal. A new applicant has purchased the Site, and submitted a revised proposal for a twenty-nine-storey mixed use building prior to an Ontario Land Tribunal Case Management Conference on March 20, 2025. The City Solicitor requires further directions for an upcoming Ontario Land Tribunal Case Management Conference on July 21, 2025.

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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