Nick Dyjach

The appellant appealed the City of London's refusal of a zoning by-law amendment application to permit a four-storey, 10-unit apartment building on a property adjacent to an environmentally significant area.

Prior to the hearing, the parties reached a settlement that included rezoning a portion of the property as open space to act as a buffer, transferring it to the City, and implementing an environmental management plan.

Based on uncontested expert land use planning evidence, the Tribunal found the proposed amendment consistent with the Provincial Policy Statement and in conformity with the City's Official Plan, allowing the appeal in part to approve the amended by-law.

The appellant appealed the Committee of Adjustment's refusal of a minor variance application to permit additional residential dwelling units within existing mixed-use structures, increased density, and off-site parking.

Prior to the hearing, the parties reached a settlement agreement.

Based on the uncontested expert planning evidence, the Tribunal found that the requested variances, subject to conditions including a permanent parking agreement, met the four-part test under the Planning Act, were consistent with the Provincial Policy Statement, and represented good planning.

The appeal was allowed in part to authorize the variances subject to the agreed conditions.