Item - 2023.PB7.7

The Toronto Preservation Board recommends that:

1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (May 26, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations contained in Confidential Attachment 1 to the report (May 26, 2023) 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 (May 26, 2023) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

Anne Fisher, Planner, Heritage Preservation, Urban Design, City Planning gave a presentation on 906 Yonge Street and 25 McMurrich Street - Alterations to Designated Heritage Property under Part IV, Section 29 of the Ontario Heritage Act and Authority to Enter into a Heritage Easement Agreement.

On November 8, 2021, Zoning By-law Amendment and Site Plan Control applications were submitted to permit a mixed-use complex with two tall buildings connected by a 2- storey base building.  The tall building fronting Yonge Street was proposed to be 33 storeys, containing 213 dwelling units and 75 square metres of grade-related retail space.  The tall building fronting McMurrich Street was proposed to be 19-storeys containing 188 dwelling units.  The site includes the historic Ridpath building at 906 Yonge Street, which is designated under Part IV of the Ontario Heritage Act and included on the City's Heritage Register.

On July 18, 2022, the applicant appealed the Zoning By-law Amendment application and referred the Site Plan Control application to the Ontario Land Tribunal (the "OLT") due to Council not making a decision within the time frame in the Planning Act.

On May 18, 2023 the applicant submitted a with prejudice settlement offer (the "Settlement Offer") that included an application under Section 33 of the Ontario Heritage Act to alter the on-site heritage resource.

The City Solicitor requires further directions for upcoming OLT proceedings relating to the zoning and site plan appeals.