Item - 2023.PB8.11

The Toronto Preservation Board recommends that:

1. City Council adopt the recommendations contained in the Confidential Attachment 1 to the report (June 30, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential recommendations in Confidential Attachment 1, and Confidential Appendices "A", "B" and "C" to the report (June 30, 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 (June 30, 2023) from the City Solicitor is to remain confidential at the discretion of the City Solicitor, as it contains advice and information, which is subject to solicitor-client privilege.

The properties and 383 and 387 Sherbourne Street are designated under Part V of the Ontario Heritage Act as part of the Cabbagetown Northwest Heritage Conservation District. The properties support the historic character of the area.

On July 26, 2021, a Zoning By-law Amendment application was submitted for a new 49­storey apartment building with 483 units at 383 and 387 Sherbourne Street. A Rental Housing Demolition application has been submitted to permit the demolition of 32 existing residential rental units located at 383 Sherbourne Street.

On January 26, 2022, the Applicant appealed the application to the Ontario Land Tribunal due to Council not making a decision within the 90-day time frame in the Planning Act.

The focus of this Report is on the requested alterations pursuant to Section 42 of the Ontario Heritage Act.

The City Solicitor requires further directions for the ongoing Ontario Land Tribunal matter. Given procedural filing dates, and other deadlines addressed in Confidential Attachment 1, this matter is urgent and cannot be deferred.