Zoning by-law amendment for triplex allowed as draft flood plain mapping was not formally adopted.
The appellant appealed the City of Peterborough's refusal of a zoning by-law amendment to permit an existing triplex.
The refusal was based on the Otonabee Region Conservation Authority's position that the property lacked safe access during a regulatory storm event, relying on 2014 draft flood plain mapping.
The Tribunal found that the 2014 flood lines had not been formally adopted into the City's Official Plan and were therefore not determinative.
Furthermore, the Tribunal accepted the appellant's engineering evidence that ground-truthed the model using a 2004 storm event, demonstrating that the site has safe access appropriate for the nature of the development.
The appeal was allowed.
OLTOntario Land TribunalDec 10, 2021
