Mike Keene

The appellant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a mixed-use residential and commercial building.

Prior to the hearing, the parties reached a settlement that reduced the building height to 14 storeys and removed balconies to address compatibility concerns.

Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal was consistent with the Provincial Policy Statement, conformed to the Official Plan, and represented good land use planning.

The appeal was allowed and the zoning by-law was amended accordingly.