Zoning appeal allowed to relocate commercial block to site with better visibility and economic viability.
The appellant appealed the Town's refusal of a Zoning By-Law Amendment to relocate a Convenience Commercial Block within a subdivision from an approved site next to a central park to a proposed site further south along an arterial road.
The Tribunal evaluated the planning and economic merits of both sites.
While both sites conformed to applicable planning policies, the Tribunal preferred the appellant's evidence that the proposed site offered greater visibility, access, and competitive advantage, which would better ensure the economic viability of future tenants.
The Tribunal also found it more practical to re-purpose an existing sales pavilion on the proposed site rather than demolish it and rebuild nearby.
The appeal was allowed and the zoning by-law was amended.
OLTOntario Land TribunalDec 31, 2021
