Robert Ackerman

The appellant appealed a condition imposed by the City of Ottawa on a zoning by-law amendment that required the waste storage area for a proposed residential addition to be located within the principal building.

The appellant argued for an external enclosed accessory building for waste storage.

The Tribunal found that the internal option would require an external lift, increase costs, reduce the size of barrier-free units, and result in a sub-optimal basement unit.

The Tribunal concluded that the external enclosed option represented better land use planning, was consistent with the Provincial Policy Statement, and conformed to the City's Official Plan.

The appeal was allowed and the condition was removed.

The City of Toronto requested a Case Management Conference to schedule a five-day hearing on the merits regarding outstanding appeals against Official Plan Amendment No. 365.

The Tribunal treated the event as a Status Hearing.

After hearing from the parties that several rezoning applications had been approved by the City and others were progressing through municipal processes, the Tribunal found that setting a hearing date would be premature.

The Tribunal declined to schedule the hearing and directed the City to request a further status update in nine months if no material progress occurs.