Scott Peterson

The appellant appealed the City of Kitchener's approval of zoning by-law amendments facilitating a three-storey, 20-unit stacked townhouse development.

The appellant argued the development's density and floor space ratio exceeded the maximums permitted by the City's Official Plan.

The Tribunal found that the density policies were guidelines not meant for individual developments, and that the floor space ratio calculation correctly excluded the below-grade floor.

Relying on uncontradicted expert planning evidence, the Tribunal concluded the development was compatible with the neighbourhood, consistent with provincial policies, and conformed to the applicable official plans.

The appeal was dismissed.