Matt Kernahan

The appellant appealed a site-specific zoning by-law amendment passed by the City of Port Colborne to facilitate a residential subdivision, arguing that the existing wastewater infrastructure lacked capacity and that a holding zone provision should have been applied.

The developer brought a motion to dismiss the appeal without a hearing under s. 19(1)(c) of the Ontario Land Tribunal Act.

The Tribunal found that the adequacy of wastewater servicing had been appropriately considered and addressed through conditions of draft plan approval, which fall under the Region's jurisdiction.

Concluding that the appeal had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeal.

The applicant appealed the non-decision of the City of Thorold's Committee of Adjustment regarding a minor variance application to facilitate a 6-storey, 40-unit apartment building.

The City argued that a rezoning application was required and that a heritage impact assessment had to be completed before the variances could be considered.

The Tribunal rejected the City's arguments, finding that the property was already appropriately zoned for apartment dwellings and that the heritage impact assessment could be addressed at the Site Plan Approval stage.

Relying on the planning evidence of the applicant's planner and the former City staff planner, the Tribunal found that the four requested variances met the tests under section 45(1) of the Planning Act and authorized them.