6 total
Site plan appeal allowed in part based on settlement for 11-unit townhouse development.
The appellant appealed the Township's failure to make a decision regarding a Site Plan Application for an 11-unit townhouse development.
During the hearing, the parties reached a settlement resolving all outstanding issues.
The Tribunal denied late requests for party and participant status from area residents to avoid prejudice to the proceedings.
Based on the uncontroverted expert evidence and the settlement, the Tribunal found the proposal consistent with the Provincial Planning Statement and in conformity with the applicable Official Plans.
The appeal was allowed in part, and the revised Site Plan was approved subject to agreed-upon conditions.
Zoning By-law Amendment appeal allowed in part to implement a settlement proposal for residential development.
The appellant appealed the Town's failure to make a decision on a Zoning By-law Amendment application intended to facilitate residential development by redefining wetland and hazard zones.
The parties reached a settlement proposal that significantly reduced the development footprint and provided appropriate setbacks to natural heritage features.
Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Planning Statement and in conformity with the Niagara Escarpment Plan, County of Grey Official Plan, and the Town's Official Plan.
The appeal was allowed in part to approve the amended Zoning By-law.
Zoning by-law amendment for three agri-tourism cabins upheld as a valid on-farm diversified use.
The appellants appealed the municipality's approval of a zoning by-law amendment that permitted the applicants to develop three small cabins for short-term accommodation on their farm property.
The appellants argued the proposal was not a valid On-Farm Diversified Use (OFDU) and did not comply with Minimum Distance Separation (MDS) requirements.
The Tribunal found that the applicants were engaged in a genuine farming operation and that the proposed agri-tourism use met the criteria for an OFDU under the Provincial Policy Statement and local official plans.
The Tribunal also determined that MDS I setbacks were not required because the municipality's zoning by-law did not specifically mandate them for this type of use.
The appeal was allowed in part only to make technical refinements to the zoning by-law, but otherwise dismissed.
Official Plan and Zoning By-law amendments approved in principle to permit residential infill development.
The applicant appealed the Town's failure to make decisions on applications to amend the Official Plan and Zoning By-law to permit residential development on portions of an existing golf course.
The parties reached a settlement prior to the hearing.
Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendments were consistent with provincial policy, protected natural heritage features, and represented good planning.
The appeals were allowed in part and the instruments approved in principle.
Minor variance for increased height of an accessory building authorized on appeal.
The applicant appealed the Committee of Adjustment's refusal of a minor variance to increase the maximum permitted height for an accessory building (a studio built atop an existing garage) from 5.0 metres to 6.65 metres.
Based on uncontroverted expert planning evidence, the Tribunal found that the requested variance met the four tests under section 45(1) of the Planning Act, being consistent with provincial policy and conforming to the applicable official plans.
The appeal was allowed in part and the variance was authorized.
Tribunal approves settlement for residential development, finding modified planning instruments represent good planning.
The applicant appealed the Town of Collingwood's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a residential townhouse development.
Prior to the hearing, the parties reached a settlement that resolved all outstanding issues, including concerns related to flooding and natural hazards raised by the conservation authority.
Based on uncontested expert planning evidence, the Tribunal found the revised planning instruments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable official plans, and represented good planning.
The Tribunal allowed the appeals in part to approve the modified instruments.
No co-appearing lawyers found.
No judges found.