Daniel Barnett

The applicant appealed a decision of the City of Hamilton Committee of Adjustment refusing a minor variance to reduce the required visitor parking spaces from 2 to 0 for a proposed three-storey, six-unit multiple dwelling.

The Tribunal found that the variance was consistent with the Provincial Policy Statement and met the four tests under section 45(1) of the Planning Act, noting that the reduction supports transit-oriented intensification and improves the streetscape.

The appeal was allowed and the variance was authorized.

The applicant appealed the City of Hamilton's failure to make a decision on an Official Plan Amendment and Zoning By-law Amendment to permit a high-rise development consisting of 30-storey and 39-storey towers.

The City opposed the development, arguing it exceeded the height of the Niagara Escarpment and conflicted with the Downtown Hamilton Secondary Plan.

The Tribunal allowed the appeals in part on an interim basis, finding that the proposal is consistent with the Provincial Planning Statement's goals for intensification and land optimization in a transit-oriented area.

The Tribunal concluded that the building heights would not negatively impact views of the Niagara Escarpment and that shadow, wind, and servicing issues could be adequately addressed through the site plan process.

The appellant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 20-storey and 18-storey mixed-use development.

The Tribunal found that the proposed development represented over-intensification and was not compatible with the existing low-to-mid-rise neighbourhood character.

The Tribunal also noted the lack of a required Visual Impact Assessment to evaluate impacts on adjacent cultural heritage resources, including Battlefield Park.

The appeal was dismissed, and the Zoning By-law Amendment was not approved.