The filed record
1160 Birchmount Road, Unit 4 - Toronto Local Appeal Body Hearing - Request for Directions
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The decision
2025-10-08 · Toronto City Council · adopted
As filed
City Council on October 8 and 9, 2025, adopted the following: 1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (September 25, 2025) from the City Solicitor. 2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (September 25, 2025) from the City Solicitor. 3. City Council direct that the balance of Confidential Attachment 1 to the report (September 25, 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 (September 25, 2025) from the City Solicitor were adopted by City Council and are now public as follows: 1. City Council accept the without prejudice offer to settle dated September 23, 2025 set out in Confidential Appendix A to the report (September 25, 2025) from the City Solicitor and direct the City Solicitor to attend at the Toronto Local Appeal Body, with appropriate City staff, in support of the settlement. 2. City Council direct the City Solicitor to request the applicant provide a Transportation Impact Study, to the satisfaction of the Executive Director, Development Review, prior to attending at the Toronto Local Appeal Body in support of the settlement. 3. City Council direct the City Solicitor to request the Toronto Local Appeal Body to impose the following condition on the minor variance decision, in accordance with the offer to settle: a. the proposed recreation use shall be permitted for a period of three years, beginning on the date of the issuance of the Toronto Local Appeal Body decision. 4. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision. Confidential Appendix A to the report (September 25, 2025) from the City Solicitor is now public and can be accessed under Background Information (City Council). The balance of Confidential Attachment 1 to the report (September 25, 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 (September 25, 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 September 13, 2024, the applicant submitted a Minor Variance application for 1160 Birchmount Road, Unit 4 seeking a variance to the City-wide Zoning By-law 569-2013 in order to permit a recreational establishment on the Site. The City appealed the Committee of Adjustment's decision to approve the application for the Minor Variance, to the Toronto Local Appeal Body on March 31, 2025. The City Solicitor requires further directions for an upcoming Toronto Local Appeal Body Hearing scheduled for November 10, 2025.
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The matter is urgent and cannot be deferred.
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 and Confidential Appendix A 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
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