Item - 2024.EY11.14

City Council recessed its public session and met as Committee of the Whole in closed session on March 21, 2024, to consider confidential information on this Item as it pertains to solicitor-client privilege and information regarding potential litigation.

City Council considered Items EY11.14 and CC16.18 together.

The Etobicoke York Community Council recommends that:

1. City Council authorize the City Solicitor to take the necessary steps to preserve City Council's right of appeal to the Toronto Local Appeal Body (TLAB) concerning the 8 Yorkleigh Avenue Committee of Adjustment Decision until such time Council may consider the options.

The Etobicoke York Community Council: 

1. Requested the City Solicitor to report directly to the March 20, 2024 meeting of City Council regarding the history, information, circumstances, analysis, and options to City Council on the recent Committee of Adjustment decision to grant a severance of 8 Yorkleigh Avenue.

On February 8, 2024, the Committee of Adjustment (the "Committee") approved applications brought by the owner of 8 Yorkleigh Avenue for a proposal to sever the lot and construct a new dwelling on each of the new lots, and for three minor variances from City-wide Zoning By-law 569-2013 in respect of one of the new lots (the "Application"). A copy of the Committee's decision on the Application is attached as Attachment 1.

Applications for a similar proposal were brought by the owner on two previous occasions. The first proposal was heard by the Committee on August 13, 2020 and was refused. A copy of the Committee’s decisions in respect of the first proposal is attached as Attachment 2.

The second proposal was heard by the Committee on July 13, 2021 and was approved.  However, a neighbourhood resident appealed the Committee’s approval to the TLAB and the TLAB subsequently refused the associated applications in a decision issued on August 19, 2022. A copy of the TLAB decision is attached as Attachment 3.

The owner subsequently appealed the TLAB’s decision to the Ontario Divisional Court. In a decision issued on February 16, 2023, the Divisional Court upheld the TLAB decision. The Divisional Court’s decision is attached as Attachment 4.

It should be noted that on June 4, 2021, City Planning produced a report for consideration at Etobicoke York Community Council that surveyed options for protecting “Estate Lots” in Etobicoke Neighbourhoods. This report is attached as Attachment 5.

This motion will direct the City Solicitor to report directly to the March 20, 2024 City Council regarding the history, information, circumstances, analysis, and options to Council on the Committee’s recent decision to grant a severance in respect of 8 Yorkleigh Avenue.

This motion will also give the City Solicitor authority to take the necessary steps to preserve Council's right of appeal to the TLAB concerning the Committee’s recent decision to grant a severance in respect of 8 Yorkleigh Avenue until such time Council may consider the options.