Rob Snetsinger

The appellant appealed the Township Committee of Adjustment's refusal of minor variances to permit reduced shoreline and slope setbacks for a newly constructed deck on a waterfront property.

The Ontario Land Tribunal allowed the appeal in part.

The Tribunal authorized the slope setback variance, finding it met the four tests under the Planning Act as the redesigned deck would be located outside the erosion hazard area.

However, the Tribunal refused the shoreline setback variance, concluding it failed to maintain the general intent and purpose of the Township's Official Plan and Zoning By-law, was an inappropriate use of the lands, and was not minor in nature due to unacceptable adverse impacts on the waterbody and natural features.

The applicant appealed the City of Kingston's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a high-density, mixed-use development on a contaminated brownfield site.

The proposed development includes the remediation of the site, which features a Provincially Significant Wetland and is adjacent to the Rideau Canal UNESCO World Heritage Site.

The Tribunal found that the proposal is consistent with the Provincial Policy Statement and conforms to the City's Official Plan, as it promotes efficient land use, intensification, and brownfield remediation.

However, the Tribunal did not accept jurisdiction over the capping of the wetland itself, as the PPS prohibits development in such areas, and instead approved the applicant's alternative requested relief.

The applicant appealed the Town's refusal of a Zoning By-law Amendment and failure to make a decision on a Site Plan application to permit a permanent hot-mix asphalt plant and a future ready-mix concrete plant.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement and conforms to the County and Town Official Plans.

The Tribunal accepted expert evidence demonstrating that the plant is appropriately separated from sensitive land uses and that potential impacts related to noise, dust, odour, and traffic can be adequately mitigated.

The appeal was allowed, and the Zoning By-law Amendment and Site Plan were approved.

The Applicants applied for a Class B licence under the Aggregate Resources Act to operate an aggregate pit on their asparagus farm.

Several parties objected, but the objections were resolved through Minutes of Settlement prior to the hearing.

The Tribunal heard uncontroverted expert evidence in biology, hydrogeology, land use planning, and aggregate resources, confirming that the proposed pit would not adversely impact natural heritage features, groundwater, or nearby residents.

The Tribunal found the application consistent with the Provincial Policy Statement and the County Official Plan, and directed the Minister to issue the licence subject to amended site plan conditions, including turtle exclusion fencing and groundwater monitoring.