Kevan Sumner

The appellant appealed the City of Kenora's passage of official plan and zoning by-law amendments intended to convert the western half of Central Park into residential development.

The Tribunal found that the proposed instruments were not consistent with the Provincial Policy Statement and did not conform with the City's Official Plan, as they failed to adequately protect necessary parkland and open space.

Furthermore, the City failed to demonstrate that the proposed sensitive residential land use would be compatible with a nearby railyard facility, and inappropriately attempted to defer necessary noise and compatibility studies to the site plan approval stage.

The appeals were allowed and the by-law was repealed.

The appellant appealed a site-specific zoning by-law amendment passed by the City of Kenora that would permit a 35-unit fractional ownership resort development.

Prior to the hearing, the parties reached a settlement agreement on a revised zoning amendment that addressed the appellant's concerns regarding setbacks, height, and massing.

Based on the uncontroverted expert planning evidence of the City's planner, the Tribunal found the revised amendment was consistent with the Provincial Policy Statement, conformed to the Official Plan, and represented good planning.

The appeal was allowed in part to implement the revised by-law.