Dennis Jacobs

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 applicant appealed the City of Ottawa's refusal of a zoning by-law amendment to permit a six-storey self-storage building and a restaurant on an arterial mainstreet.

The City argued the site was a gateway and the use was inappropriate as it lacked residential development.

The Tribunal allowed the appeal, finding the proposal consistent with the Provincial Policy Statement and in conformity with the Official Plan and Secondary Plan.

The Tribunal preferred the applicant's expert evidence that the development introduces an innovative mix of uses, improves the public realm, and represents an efficient intensification of an underutilized site.