Theodhora Merepeza

The applicant sought minor variances for height and setback relief to expand an existing three-storey designated heritage commercial building in the Municipality of Port Hope.

The Committee of Adjustment approved the application, and the owner of an abutting property appealed, primarily raising concerns about the loss of an existing exit over the subject property.

The Tribunal found that matters relating to easements and rights of ingress/egress were outside its jurisdiction.

Relying on the uncontested expert planning evidence, the Tribunal concluded that the proposed variances met the four tests under section 45(1) of the Planning Act, being consistent with provincial policies and maintaining the intent of the Official Plan and Zoning By-law.

The appeal was dismissed and the variances were authorized subject to a site plan agreement.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a residential development.

Prior to the hearing, the parties reached a settlement to phase the proceedings, separating a contested woodlot into a future phase.

The Tribunal converted the case management conference into a settlement hearing and, relying on uncontested expert planning evidence, allowed the appeals in part to approve the planning instruments for the first phase of the development.