Mike Pettigrew

The applicant sought minor variances for lot coverage, building height, and platform size to construct five detached dwellings.

The Committee of Adjustment granted the variances.

Neighbouring residents appealed, arguing the variances would exacerbate drainage and flooding issues.

The applicant brought a motion to dismiss the appeals without a hearing.

The Tribunal granted the motion, finding that drainage and grading are site plan matters, not land use planning grounds relevant to the requested variances, and the appeals had no reasonable prospect of success.

The Ontario Land Tribunal held a settlement hearing regarding appeals of the City of Welland's approval of Official Plan Amendment 16, Zoning By-law Amendment No. 2020-61, and conditions of a Draft Plan of Subdivision.

The parties reached a settlement modifying the SWM Pond and Open Space blocks, neighbourhood commercial zoning provisions, and infrastructure timing conditions.

Based on uncontested expert planning evidence, the Tribunal found the modified instruments and conditions consistent with the Provincial Policy Statement and in conformity with applicable plans, and approved the settlement.