Jennifer Voss

The applicant appealed the City of Waterloo's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development.

The parties reached a settlement for a revised 25-storey building with 289 dwelling units.

Based on the uncontroverted expert planning evidence, the Tribunal found the proposed instruments consistent with provincial policy, in conformity with the applicable official plans, and representative of good planning.

The appeals were allowed in part to approve the settlement.

The applicant appealed the City of Waterloo Committee of Adjustment's denial of minor variances required to construct a three-storey mixed-use development with 32 residential units and commercial space.

The requested variances included reductions in residential and commercial parking requirements, a smaller loading space, and permission for at-grade structured parking.

The Ontario Land Tribunal allowed the appeal, finding based on uncontested expert planning and transportation engineering evidence that the variances met the four tests under the Planning Act, were consistent with provincial policy, and represented appropriate intensification.

The variances were authorized subject to conditions.