Ed Fothergill

The applicant appealed the City of Hamilton's failure to make a decision on an application to amend the zoning by-law to permit the demolition of one dwelling, construction of one dwelling, and the creation of four new residential lots.

Following a public hearing, the parties reached a full uncontested settlement.

Based on the settlement materials and a sworn planning affidavit, the Ontario Land Tribunal allowed the appeal and amended the zoning by-law accordingly.

The applicant sought a minor variance and permission to expand a legal non-conforming second-floor balcony at a residential property.

The City of Burlington initially refused the application but subsequently reached a settlement with the applicant.

The Ontario Land Tribunal accepted uncontested expert planning evidence that the proposal met the tests under section 45(1) of the Planning Act and represented good planning.

The Tribunal allowed the appeal and authorized the variance subject to a condition requiring the maintenance of a vegetative buffer.