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Appeals allowed and provisional consent granted for residential lot severance and minor variances.
The appellant appealed the City of Niagara Falls Committee of Adjustment's decision to deny consent and minor variance applications for a property on Bond Street.
The appellant sought to sever the lot to create a new parcel for future residential use, requiring relief for minimum lot area and frontage.
Prior to the hearing, the parties resolved their issues.
Relying on uncontested expert planning evidence, the Tribunal found the applications satisfied the criteria under the Planning Act, were consistent with provincial and municipal policies, and represented good land use planning.
The appeals were allowed, variances authorized, and provisional consent granted subject to conditions.
Zoning by-law amendment for commercial redevelopment upheld; noise and setback concerns dismissed based on expert evidence.
The appellants appealed the Town of Fort Erie's approval of a zoning by-law amendment that permitted the redevelopment of a commercial property to include a restaurant with a drive-thru and a car wash, alongside an existing gas station.
The appellants, who owned an abutting residential property, raised concerns regarding noise, litter, and reduced rear yard setbacks.
The Tribunal accepted uncontested expert evidence in noise and land use planning, finding that the amendment was consistent with the Provincial Policy Statement, conformed to the Growth Plan and local official plans, and represented good planning.
The appeal was dismissed.
No co-appearing lawyers found.
No judges found.