Glenn J. Wellings

The applicant appealed the City of Burlington Committee of Adjustment's decision to deny two of fifteen requested minor variances for a proposed 18-storey mixed-use building.

The City supported the application in full at the hearing.

Based on uncontroverted expert planning evidence, the Tribunal found that the variances, which related to parking, setbacks, floor area ratio, and heritage building preservation, met the four tests under section 45(1) of the Planning Act.

The appeal was allowed and all fifteen variances were authorized subject to the condition that the applicant obtain a Zoning Clearance Certificate and a Building Permit.

The applicant appealed the Town of Halton Hills' failure to make a decision on applications for a Zoning By-Law Amendment and Draft Plan of Subdivision to permit a 32-lot single-detached residential subdivision.

The parties reached a settlement, which the Tribunal approved based on uncontested expert planning evidence.

The Tribunal found the applications had regard to provincial interests, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan and applicable official plans.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 17-storey condominium.

Following a prior settlement on the OPA and ZBA, the parties reached a settlement on the Site Plan Approval and identified minor housekeeping modifications needed for the ZBA.

The Tribunal accepted uncontested expert planning evidence that the proposed Site Plan and ZBA modifications are consistent with provincial policies, conform to applicable official plans, and represent good planning.

The appeal was allowed in part to approve the Site Plan and ZBA modifications.