This motion will authorize the City Solicitor, along with appropriate City Staff or outside consultants, as necessary, to attend the Ontario Land Tribunal regarding the Committee of Adjustment's decision refusing the minor variance application at 717 – 733 Mount Pleasant Road, Application A0237/23NY. The purpose of the Applicant’s, Rockport (MPE) Inc., Variance Application is to modify its Zoning By-law amendment approval, as contained in the Tribunal’s Order dated August 11, 2022 (File OLT-21-001872). That Order, emanating from a settlement between the City and the Applicant, amended Zoning By-Law 569-2013 and the former City of Toronto Zoning By law 438-86, as amended, for the Lands to permit a 75.0 metres tall building, with a gross floor area of 17,500 square metres for residential and non-residential uses. The Variance Application seeks approval for variances regarding gross floor area, overall height, minimum building setbacks, maximum number of balconies, permitted balcony locations, and minimum parking space rates. Planning staff worked with the Applicant to modify the Variance Application as shown on the drawings dated June 2, 2023, to: reduce the depth of balconies on the north and south facades of the tower from levels 8 to 27, to ensure a minimum 10.0 metres distance between the balconies and the north and south lot lines, respectively, secure various balcony setbacks, secure various building cut-outs, and secure a Section 37 cash contribution. These modifications are further described in Planning staff’s report dated July 19, 2023. Of note, this appeal of the Variance Application is before the Tribunal because the Applicant also appealed its site plan application. Therefore, under subsection 115(14) of the City of Toronto Act, the Tribunal is authorized to hear a minor variance appeal where an applicant has concurrently filed appeals for its minor variance and site plan applications. This motion is urgent as the hearing has been scheduled for March 22, 2024.
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