Item - 2020.EY18.12

Etobicoke York Community Council recommends that:

1.  City Council authorize the City Solicitor and appropriate City Staff to attend at the Toronto Local Appeal Body hearing to support the Committee of Adjustment's decision to refuse the Consent and Minor Variances applications requested in Application Nos. B0073/19EYK, A0647/19EYK, and A0648/19EYK, respecting 75 Thirty Eighth Street.

 
2.  City Council authorize the City Solicitor to negotiate a settlement of the appeal of the decisions in Application Nos. B0073/19EYK, A0647/19EYK, and A0648/19EYK respecting 75 Thirty Eighth Street and authorize the City Solicitor to settle the matter on behalf of the City at her discretion after consultation with the Ward Councillor, and with the Director of Community Planning, Etobicoke York District.

On August 27, 2020, the Committee of Adjustment (the "Committee") refused a Consent to Sever and two Minor Variance applications brought by the owner of 75 Thirty Eighth Street for the following variances: lot frontage, lot area, floor space index, and side yard setback on each lot (the "Applications"). A copy of the Committee's decisions are attached. The Applications proposed to construct two new detached dwellings on undersized lots with an attached garage on each lot.

On September 16, 2020, the owner appealed the Committee's decision to refuse the Applications to the Toronto Local Appeal Body (the "TLAB").

In a report from the Supervisor, Tree Protection and Plan Review, dated May 27, 2020, Urban Forestry Staff opposed the Applications and recommended its refusal. A copy of the Urban Forestry report is attached. Urban Forestry Staff opined that the approval of the requested Consent to Sever application may result in construction that requires the permanent loss of viable planting space and the cancellation of a planned City tree. Urban Forestry staff also stated that the Official Plan contains policies specifically to the protection, preservation and enhancement of trees.