Item - 2021.PB21.1

The Toronto Preservation Board recommends that:

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (February 2, 2021) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1, Confidential Appendix A and Confidential Appendix B to the report (February 2, 2021) from the City Solicitor, if adopted by City Council.

3.  City Council direct that all other information contained in Confidential Attachment 1 to the report (February 2, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

The Toronto Preservation Board recessed its public session to meet in closed session to consider this item as it relates to the receiving of advice that is subject to solicitor-client privilege or communications that are subject to solicitor-client privilege and contains information regarding potential litigation.

On September 12, 2019, a Zoning By-law Amendment application was submitted proposing a 17-storey (51.2 metres including mechanical penthouse) hotel building fronting 465-471 Richmond Street West and a 15-storey (44.25 metres including mechanical penthouse) hotel building fronting 38 Camden Street.  The two hotel components would be connected by a common, two-storey base building.  The existing significant built heritage resource on the designated heritage property at 38 Camden Street is proposed to be demolished.

On January 14, 2020, the applicant filed an appeal of the Zoning By-law Amendment application to the Local Planning Appeal Tribunal (the "LPAT"), citing Council's failure to make a decision on the application within the prescribed timelines of the Planning Act. The applicant subsequently filed a demolition application and appeal to the LPAT under the Ontario Heritage Act.  A hearing is scheduled to commence on May 25, 2021 for twelve (12) days to address both the Planning Act and Ontario Heritage Act appeal.

On September 30 and October 1 and 2, 2020, City Council refused the demolition application and directed the City Solicitor to oppose the applications before the Local Planning Appeal Tribunal.

The purpose of this report is to request further instructions regarding a matter appealed to the LPAT.