Item - 2020.CC23.9

City Council on July 28 and 29, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to report (July 20, 2020) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to report (July 20, 2020) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to report (July 20, 2020) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

4.  City Council authorize the public release of Confidential Attachment 2 to report (July 20, 2020) from the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the without prejudice Settlement Offer dated July 14, 2020, in Confidential Attachment 2 to the report (July 20, 2020) from the City Solicitor, subject to Parts 2 to 4 set out below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposal as set out in the Settlement Offer dated July 14, 2020 in Confidential Attachment 2 to the report (July 20, 2020) from the City Solicitor , subject to Parts 3 and 4 set out below.

3.  City Council's acceptance of the Settlement Offer dated July 14, 2020 is subject to the Owner confirming to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning the following matters:

a.  the Owner shall submit and obtain a zoning review from the City confirming that no variances are required for the conveyed lot and that no additional variances apart from the rear yard setback variance shown on the Revised Plans are required for the retained lot.

4.  City Council instruct the City Solicitor to request that the Local Planning Appeal Tribunal's Order regarding the consent application be conditional on the Owner fulfilling the following conditions of consent approval:

a.  confirmation of payment of outstanding taxes to the satisfaction of the Revenue Services Division, in the form of a statement of tax account current to within 30 days of an applicant's request to the Deputy Secretary-Treasurer of the Committee of Adjustment to issue the Certificate of Official;

b.  municipal numbers for the subject lots indicated on the applicable registered reference plan of survey shall be assigned to the satisfaction of the Supervisor, Surveys, Engineering Support Services, Engineering and Construction Services;

c.  one electronic copy of the registered reference plan of survey integrated to NAD 83 CSRS (3 degree Modified Transverse Mercator projection), delineating by separate Parts the lands and their respective areas, shall be filed with, and to the satisfaction of, the Manager, Land and Property Surveys, Engineering Support Services, Engineering and Construction Services;

d.  one electronic copy of the registered reference plan of survey satisfying the requirements of the Manager, Land and Property Surveys, Engineering Support Services, Engineering and Construction Services shall be filed with the Deputy Secretary-Treasurer of the Committee of Adjustment;

e.  prepare and submit a digital draft of the Certificate of Official, Form 2 or 4, O. Reg. 197/96, referencing either subsection 50(3) or (5) of the Planning Act if applicable as it pertains to the conveyed land and/or consent transaction to the satisfaction of the Deputy Secretary-Treasurer of the Committee of Adjustment;

f.  once all of the other conditions have been satisfied, the applicant shall request, in writing, that the Deputy Secretary-Treasurer of the Committee of Adjustment issue the Certificate of Official; and

g.  within one year of the date of the giving of this notice of decision, the applicant shall comply with the above-noted conditions.

Confidential Attachment 2 to the report (July 20, 2020) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (July 20, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.