Jason Schooley

The applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit the development of eight new residential units on a waterfront property.

The Tribunal considered issues related to stormwater management, environmental impacts, and conformity with local land use planning policies.

While finding that a holding provision could address stormwater and environmental concerns, the Tribunal ultimately dismissed the appeal.

The Tribunal concluded that the proposed urban form of development was uncharacteristic of the surrounding hodgepodge cottage country, did not harmoniously integrate into the waterfront community, and failed to conform to the Town's Official Plan and the Crystal Beach Secondary Plan.

The applicant appealed the Town's refusal of two consent applications to create two new residential lots from an existing property in the Village of Queenston.

The Tribunal heard evidence from multiple experts on land use planning, cultural heritage, transportation, and stormwater management.

The Tribunal preferred the applicant's planning evidence, finding that the proposed lots represent appropriate modest infill that conforms to the Town's Official Plan and Secondary Plan.

The Tribunal accepted uncontroverted evidence that the development would not negatively impact adjacent cultural heritage resources.

While acknowledging concerns about sight lines for the middle lot's driveway due to the road's steep grade, the Tribunal found this could be addressed through the required municipal entrance permit process.

The appeal was allowed and provisional consent granted subject to conditions.