The filed record
369 Cummer Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Lily Cheng, seconded by Councillor James Pasternak
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The decision
2025-12-16 · Toronto City Council · adopted
As filed
City Council on December 16 and 17, 2025, adopted the following: 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 order to support the Committee of Adjustment's decision to refuse Applications B0034/24NY; A0435/24NY and A0436/24NY, respecting 369 Cummer Avenue. 2. City Council authorize
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the City Solicitor to attempt to negotiate a resolution of the Appeal of the decision in Application (Applications B0034/24NY; A0435/24NY and A0436/24NY), respecting 369 Cummer Avenue and to resolve the matter on behalf of the City at the City Solicitor's discretion in consultation with the Ward Councillor and the Director, Community Planning, North York District.
On the agenda
As the city filed it
The applicant applied to the Committee of Adjustment requesting consent to sever the subject lands into two (2) residential lots, and submitted two (2) related minor variance applications requesting relief from City-wide Zoning By-law 569-2013 in order to allow the construction of a new dwelling and garden suite on each new lot (Applications B0034/24NY, A0435/24NY and A0436/24NY). Each new lot would contain three (3) dwelling units and require variances to the lot frontage and area.
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On October 23, 2025, the North York District Panel of the Committee of Adjustment refused the Applications (Decisions in Attachment 1). The applicant has appealed the refusals to the Toronto Local Appeal Body. In its report dated May 5, 2025, City Planning Staff opined that the consent application failed to satisfy the consent criteria under s. 51(24) and that the minor variances do not meet the four tests under s. 45(1) of the Planning Act. As a result, City Planning Staff recommended that the Applications be refused (Staff Report in Attachment 2). This motion will authorize and direct the City Solicitor to attend the Toronto Local Appeal Body, along with appropriate City staff, in order to oppose the Appeal. This Motion will also authorize the City Solicitor to resolve the matter on behalf of the City in her discretion. This motion is time sensitive and urgent as the City Solicitor requires instructions to obtain party status in the Appeal and subsequently attend the hearing in opposition to the Appeal.
Staff recommended
Councillor Lily Cheng, seconded by Councillor James Pasternak, recommends that: 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 order to support the Committee of Adjustment's decision to refuse Applications B0034/24NY; A0435/24NY and A0436/24NY, respecting 369 Cummer Avenue. 2. City Council
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authorize the City Solicitor to attempt to negotiate a resolution of the Appeal of the decision in Application (Applications B0034/24NY; A0435/24NY and A0436/24NY), respecting 369 Cummer Avenue and to resolve the matter on behalf of the City at the City Solicitor's discretion in consultation with the Ward Councillor and the Director of Community Planning, North York District.
On the record
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