Melissa Morgan

The applicants appealed the City of Burlington Committee of Adjustment's denial of a consent application to sever a residential property into two lots and associated minor variances for reduced lot width and area.

The Tribunal allowed the appeals, finding that the proposed development was consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and met the four tests for minor variances under the Planning Act.

The Tribunal authorized the variances and granted provisional consent subject to conditions, noting the development would provide a visual transition from a neighbouring six-storey condominium.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 9-storey mid-rise residential building with 38 units, which incorporates an existing heritage building.

The Tribunal allowed the appeals, finding that the proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good land use planning by providing appropriate intensification within an Urban Growth Centre.

The Tribunal preferred the applicant's expert evidence on urban design and shadow impacts, concluding that the development is compatible with the surrounding neighbourhood.

The applicant appealed the City of Burlington's refusal of official plan and zoning by-law amendments to permit a 13-storey residential building.

Prior to the hearing, the parties reached a settlement for a revised 11-storey mixed-use building.

The Tribunal heard uncontradicted expert planning and transportation evidence supporting the revised proposal, which addressed previous concerns regarding height, massing, setbacks, and traffic.

The Tribunal found the revised proposal consistent with provincial policies and local planning objectives, allowing the appeals in part to approve the modified instruments.