9 Hertford Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body - by Councillor Frances Nunziata, seconded by Councillor Paula Fletcher

The Applicant applied to the Etobicoke York District Committee of Adjustment proposing the severance of an existing lot into two undersized lots and the development of two semi-detached fourplexes with rear-yard garden suites, along with a pedestrian access easement. It further sought multiple minor variances from City-wide Zoning By-law 569-2013, including relief related to lot frontage, front and side yard setbacks, building height, garden suite height and setbacks, and the minimum separation distance between principal and ancillary structures. On April 15, 2026, Community Planning Staff provided a report to the Committee recommending approval of the Applications subject to conditions. On April 16, 2026, Urban Forestry Staff provided advisory comments to the Committee recommending deferral and refusal of the Applications due to impacts on by-law protected tree(s), as detailed in the attached memorandum. On April 23, 2026, the Committee of Adjustment refused the Applications. The Notice of Decision is attached as Attachment 3. On May 16, 2026, the Applicant appealed the Committee's Decision to the Toronto Local Appeal Body. The proposed development represents a significant overdevelopment of the site, is not compatible with the existing neighbourhood, and is not functional. This motion is required to authorize the City Solicitor to attend the Toronto Local Appeal Body to oppose the appeal of the Committee's Decision. This matter is time-sensitive, as the City Solicitor requires instructions to secure party status and prepare for a hearing that may be scheduled at any time.

3. City Council authorize the City Solicitor to negotiate a resolution and, if appropriate, resolve the matter on behalf of the City, in consultation with the Ward Councillor and the Director of Community Planning, Etobicoke York District.