Peter Swinton

The applicant appealed the City of Markham's failure to make a decision on a Zoning By-law Amendment application to permit increased height and density for two residential towers.

At a settlement hearing, the Tribunal considered the revised proposal, which included changes to the Draft Plan of Subdivision and associated conditions.

Based on uncontroverted expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The Tribunal approved the settlement, allowing the appeal in part to implement the revised Zoning By-law Amendment and Draft Plan of Subdivision.

The Tribunal heard the continuation of Phase 2 appeals against the City of Toronto's Comprehensive Zoning By-law No. 569-2013.

The hearing focused on residential zoning standards that the Tribunal had previously directed the City to review, including maximum building heights, main wall heights, flat roof regulations, dormer widths, definitions of 'first floor' and 'basement', and parking space locations.

The Joint Appellants sought greater height permissions and design flexibility to allow for 'standard' two-storey homes with integral garages without requiring minor variances.

The City proposed more modest increases based on a review of building permits and minor variances.

The Tribunal approved the City's proposed development standards in principle, with minor amendments, finding that they better conformed to the Official Plan's requirement to respect and reinforce the existing physical character of neighbourhoods.

The Tribunal also declined to apply the Clergy principle, ruling that the current Official Plan policies, including OPA 320, applied.