Item - 2024.PB15.13

The Toronto Preservation Board recommends that:

1.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (March 4, 2024) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations contained in the Confidential Attachment 1 and Confidential Appendix "A" and "B" to the report (March 4, 2024) 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 (March 4, 2024) 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.

Neil MacKay, Planner, Urban Design, Heritage Planning, City Planning gave a presentation on 1779-1787 Bayview Avenue - Official Plan and Zoning By-law Amendment and Site Plan Control Applications - Heritage Matters.

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 and contains information regarding litigation or potential litigation.

The owner appealed its Zoning By-law Amendment and Official Plan Amendment Applications to the Ontario Land Tribunal on April 20, 2023. The applicant has also appealed the Site Plan application to the Ontario Land Tribunal due to Council not making a decision within the time frame prescribed in the Planning Act.

During its meeting of October 11 and 12, 2023, City Council directed the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal in opposition to the current applications regarding the Official Plan, and Zoning By-law Amendment and Site Plan Control appeals for the lands at 1779-1787 Bayview Avenue and to continue discussions with the applicant to resolve outstanding issues.

The subject site contains three separate properties: 1787 Bayview Avenue, 1783-1785 Bayview Avenue, and 1779-1781 Bayview Avenue. The 1787 Bayview Avenue property contains the Leaside station of the Eglinton Crosstown Light Rail Transit line, 1783-1785 Bayview Avenue contains a fourplex dwelling that was designated under Part IV of the Ontario Heritage Act on January 31, 2019, and 1779-1781 Bayview Avenue contains a six-plex dwelling that has been identified as having potential cultural heritage value within the Yonge-Eglinton Secondary Plan.

A separate report will be brought forward to City Council in respect of the appeals before the Ontario Land Tribunal.  This report and the subsequent report will be considered together by City Council at that time.