Item - 2012.TE14.8
Tracking Status
- City Council adopted this item on April 10, 2012 without amendments and without debate.
- This item was considered by the Toronto and East York Community Council on March 20, 2012 and adopted without amendment. It will be considered by City Council on April 10, 2012.
TE14.8 - Request for Directions Regarding the Appeal of By-law No. 1222-2009 (The Bloor Dundas Avenue By-law).
- Decision Type:
- ACTION
- Status:
- Adopted on Consent
- Ward:
- 14 - Parkdale-High Park
City Council Decision
City Council on April 10 and 11, 2012, adopted the following:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 2 to the report (March 2, 2012) from the City Solicitor.
2. City Council authorize the public release of Recommendation 1 contained in Confidential Attachment 2.
The following instructions have been adopted by City Council and are now public:
1. The Appellant's Settlement Proposal be refused and the City Solicitor's existing direction to defend By-law No. 1222-2009 (the "Bloor Dundas Avenue By-law") before the Ontario Municipal Board be confirmed.
The balance of Confidential Attachment 2 to the report (March 2, 2012) from the City Solicitor remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to litigation that affects the City and is subject to solicitor client privilege.
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the receiving of advice that is subject to solicitor-client privilege
Background Information (Community Council)
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-45616.pdf
TE14.8 - Request for Directions Regarding the Appeal of By-law No. 1222-2009 (The Bloor Dundas Avenue By-law).
- Decision Type:
- ACTION
- Status:
- Adopted
- Ward:
- 14 - Parkdale-High Park
Confidential Attachment - Litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and the receiving of advice that is subject to solicitor-client privilege
Community Council Recommendations
The Toronto and East York Community Council recommends that:
1. City Council adopt the confidential instructions to staff in Confidential Attachment 2 to the report (March 2, 2012) from the City Solicitor.
2. City Council authorize the public release of Recommendation No. 1 of the confidential attachment, if adopted by Council.
Origin
Summary
On December 4, 2009, City Council passed By-law No. 1222-2009 (the "Bloor Dundas Avenue By-law") implementing new zoning regulations for two areas designated as Avenues under the City's Official Plan: Bloor Street West between Keele Street and the rail corridor; and Dundas Street West between Glenlake Avenue and Boustead Avenue. This report deals with an appeal by the owner (the "Appellant") of the site known as 1540 Bloor Street West (the "Site") located at the north-west corner of the intersection of Bloor and Dundas.
The Appellant appealed the Bloor Dundas Avenue By-law to the Ontario Municipal Board (the “OMB”) together with its own site specific zoning amendment application for a 27-storey building. By its decision dated March 9, 2010, the OMB dismissed the Appellant's site specific appeal of its own zoning application. No date has been set to hear the Appellant's Bloor Dundas Avenue By-law appeal but by letter dated May 6, 2011, copy attached, the Appellant submitted a "With Prejudice Offer To Settle" that appeal, (the "Settlement Proposal"). Without prejudice discussions resulted and the purpose of this report is to obtain directions.
Background Information
https://www.toronto.ca/legdocs/mmis/2012/te/bgrd/backgroundfile-45616.pdf