Item - 2021.TE26.67

Tracking Status

TE26.67 - 23 Fielding Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body

Decision Type:
ACTION
Status:
Adopted
Ward:
14 - Toronto - Danforth

City Council Decision

City Council on July 14, 15 and 16, 2021, adopted the following:

 

1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the minor variance Application No. A1183/20TEY regarding 23 Fielding Avenue (the "Appeal"), and any other variances and relief that may be requested.

 
2. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to oppose the Appeal.
 

3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and that the City Solicitor be authorized to resolve the matter on behalf of the City, in her discretion, after consulting with the Ward Councillor and with the Director, Community Planning, Toronto and East York District.

Background Information (Community Council)

(June 23, 2021) Letter from Councillor Paula Fletcher, Ward 14, Toronto-Danforth - 23 Fielding Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-168677.pdf

Communications (Community Council)

(June 23, 2021) E-mail from Martin Szajer (TE.New)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jul-15-2021 7:45 PM

Result: Carried Majority Required - TE26.67 - Adopt the Item
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Cynthia Lai, Mike Layton, Nick Mantas, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Stephen Holyday
Total members that were Absent: 0 Members that were absent are

TE26.67 - 23 Fielding Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body

Decision Type:
ACTION
Status:
Adopted
Ward:
14 - Toronto - Danforth

Community Council Recommendations

The  Toronto and East York Community Council recommends that:

 

1. City Council direct the City Solicitor to attend the Toronto Local Appeal Body, with appropriate City staff, in order to oppose the minor variance Application No. A1183/20TEY regarding 23 Fielding Avenue (the "Appeal"), and any other variances and relief that may be requested.

 
2. City Council authorize the City Solicitor to retain outside consultants as may be necessary in order to oppose the Appeal.
 

3. City Council authorize the City Solicitor to attempt to negotiate a resolution regarding the Appeal, and that the City Solicitor be authorized to resolve the matter on behalf of the City, in her discretion, after consulting with the Ward Councillor and with the Director, Community Planning, Toronto and East York District.

Origin

(June 23, 2021) Letter from Councillor Paula Fletcher, Ward 14, Toronto-Danforth

Summary

This motion will authorize the City Solicitor to support the Committee of Adjustment's decision refusing the minor variance application at 23 Fielding Avenue and attend the Toronto Local Appeal Body in order to oppose the Application.

 

The Application seeks to alter the existing two storey semi-detached dwelling by proposing a rear two storey addition, a rear ground floor deck, and a rear one storey detached garage. The Application required the COA's approval of four (4) proposed variances to Zoning By-law 569-2013.

 

Planning staff did not file a report to the COA with respect to the Application, however the committee carefully considered the evidence of numerous neighbours who would be directly impacted and found that, while the variances appear minor on paper the impact on the neighbourhood was not minor.

 

The COA refused the Application in its decision issued on June 2, 2021. Subsequently, the owner of 23 Fielding Avenue appealed the Decision to the TLAB.

 

This Motion will direct the City Solicitor to attend the TLAB in order to oppose the Appeal.

 

No hearing date has been scheduled yet.

Background Information

(June 23, 2021) Letter from Councillor Paula Fletcher, Ward 14, Toronto-Danforth - 23 Fielding Avenue - Request for City Solicitor to Attend at the Toronto Local Appeal Body
https://www.toronto.ca/legdocs/mmis/2021/te/bgrd/backgroundfile-168677.pdf

Communications

(June 23, 2021) E-mail from Martin Szajer (TE.New)

Speakers

Matthew Pickard
Martin Szajer
David Downey

Motions

1 - Motion to Add New Business at Committee moved by Councillor Mike Layton (Carried)

2 - Motion to Adopt Item moved by Councillor Paula Fletcher (Carried)

Vote (Adopt Item) Jun-24-2021

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Ana Bailão, Brad Bradford, Joe Cressy, Paula Fletcher, Josh Matlow, Gord Perks (Chair), Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Mike Layton
Source: Toronto City Clerk at www.toronto.ca/council