Item - 2024.MM18.32

City Council on May 22 and 23, 2024, adopted the following:

1. City Council authorize the City Solicitor to attend the Toronto Local Appeal Body as a party, with appropriate City staff, regarding the proposed development at 1438-1440 Queen Street West (Application A0024/24TEY) and direct the City Solicitor to request that should the appeal of the Committee of Adjustment's decision be allowed, that it be subject to the following conditions:

a. the owner shall provide an acceptable tenant relocation and assistance plan to lessen hardship for tenants of the existing rental dwelling units proposed to be demolished at 1438-1440 Queen St. W, in conformity with Policy 3.2.1.12 of the Official Plan. The tenant relocation and assistance plan shall be consistent with the City's standard practices and developed in consultation with, and to the satisfaction of, the Chief Planner and Executive Director, City Planning, addressing the following:

1. minimum financial compensation and notice as required under the Residential Tenancies Act, 2006, when a tenant receives a notice of termination for the purposes of demolition;

2. additional compensation above and beyond the Residential Tenancies Act, 2006, in the form of a rent gap payment;

3. additional notice of the date of termination of each existing tenant's tenancy, above and beyond the minimum notice required under the Residential Tenancies Act, 2006;

4. a moving allowance for each existing tenant and consistent with the City's current practices;

5. special needs compensation for any existing tenant who suffers from a physical and/or mental health challenge, and/or is sixty-five (65) years of age or older; and

6. upon the request of a tenant, making a rental leasing agent available to assist the tenant in identifying and securing alternative rental accommodation.

b. the owner shall enter into and register on title to the lands at 1438-1440 Queen Street West, an agreement pursuant to Section 45(9) of the Planning Act to secure the tenant relocation and assistance plan required above to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

c. the owner must submit building permit drawings, including plans, elevations and details to the satisfaction of the Senior Manager, Heritage Planning, Urban Design, City Planning.

2. City Council authorize the City Solicitor to attempt to negotiate a resolution of the Appeal for 1438 - 1440 Queen Street West (Application A0024/24TEY) and City Council authorize the City Solicitor to resolve the matter on behalf of the City at the City Solicitor's discretion after consultation with the Ward Councillor, the Director, Community Planning, Toronto and East York District, and the Senior Manager of Heritage Planning, Urban Design, City Planning.