Joshua Cipolletta

The appellant appealed the City of Vaughan's failure to decide on applications for an Official Plan Amendment and Temporary Use Zoning By-law, and the City's adoption of a by-law rezoning the subject site to Agricultural.

The site, currently operating illegally as an intermodal facility, is located in an area planned for future infrastructure and employment uses.

The Tribunal found a direct conflict between the York Region Official Plan, which designates the site as Employment Area, and the Vaughan Official Plan, which designates it as Agricultural.

The Tribunal held that the Regional plan prevails and that the proposed instruments appropriately bring the local plan into conformity while permitting a temporary use that supports efficient goods movement.

The appeals were allowed in part, repealing the City's by-law and approving the appellant's draft instruments in principle.

The applicant appealed a Committee of Adjustment decision that approved a minor variance for a rear yard setback but refused a variance for an interior side yard setback to permit an already-constructed cabana.

The Ontario Land Tribunal found that the rear yard setback variance was minor and met the four tests under section 45(1) of the Planning Act.

However, the Tribunal found that the interior side yard setback variance was not minor and did not maintain the general intent of the Zoning By-law due to significant massing and visual impacts on the neighbouring property.

The appeal was dismissed, with the rear yard variance authorized subject to a lot grading condition, and the interior side yard variance refused.