Peter De Iulio

The appellant appealed the City of Hamilton Committee of Adjustment's refusal of a consent application to sever a residential lot to create two new single detached dwellings.

Prior to the hearing, the City passed a new comprehensive zoning by-law, and the parties reached a settlement amending the lot lines to comply with the new by-law without requiring minor variances.

An adjacent neighbour was granted party status and opposed the settlement, arguing the smaller lots were incompatible with the neighbourhood and premature pending a municipal drainage study.

The Tribunal allowed the appeal and granted provisional consent, finding the amended proposal was compatible with the new zoning standards and that stormwater management concerns were adequately addressed through the agreed conditions of consent.