Item - 2019.TE5.10

The Toronto and East York Community Council recommends that:

1. City Council direct the City Solicitor, together with Planning staff and other appropriate staff to attend the Local Planning Appeal Tribunal (LPAT) hearing in support of Zoning By-law Amendment Application File Number 17 266727 STE 21 OZ, at 598 and 596 R Rushton Road, provided all conditions listed below are satisfied to the City's satisfaction.
 

2. In the event that the Local Planning Appeal Tribunal allows the appeal in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until the City Solicitor confirms that:
 

a. The owner has submitted revised engineering drawings to the satisfaction of the Manager, Development Engineering.
 

b. The owner has provided documentation to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, to demonstrate that:

1. An easement has been secured in favour of the subject site, for the purposes of municipal servicing and site access; and
 

2.  A consent to sever the subject site in accordance with the drawings dated February 14, 2019 has been approved.
 

c. The owner has made a payment of $1,749.00 to the General Manager, Parks, Forestry and Recreation as a cash payment in lieu of the replacement of three trees; and

 
d. The final form of the Zoning By-law Amendment is to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

On November 24, 2017 an application to amend the Zoning By-law was submitted to permit the conversion and enlargement of an existing vacant building on a lot fronting a public laneway at 596 R Rushton Road into a detached house. The proposed dwelling is two-storeys and 6.82 metres in height.  A parking pad for one vehicle and an amenity space is proposed to be located on a portion of 598 Rushton Road. The existing single detached house at 598 Rushton Road will be maintained.

On March 29, 2018 the applicant appealed the Zoning By-law Amendment application to the Local Planning Appeal Tribunal (LPAT), citing City Council's failure to make a decision within the allotted time in the Planning Act. A pre-hearing conference was held on January 9, 2019 and a second pre-hearing conference is scheduled for June 14, 2019.

The proposal is appropriate for the site and compatible with the surrounding area. The proposed development is consistent with the Provincial Policy Statement (2014), conforms to the Growth Plan for the Greater Golden Horseshoe (2017) and conforms to the Toronto Official Plan.

The purpose of this report is to seek City Council's direction with respect to the position of the City at the Local Planning Appeal Tribunal. This report recommends that City Council direct the City Solicitor, together with appropriate City staff, to support the proposal at the Local Planning Appeal Tribunal.