Katherine Hughes

The applicant appealed the Committee of Adjustment's refusal of minor variances to reduce the minimum lot width requirement from 10.5 metres to 7.6 metres.

The variances were sought to permit a pair of semi-detached dwellings, each containing three additional dwelling units, for a total of eight units on the property.

The Tribunal found that while the proposal maintained the general intent of the Official Plan regarding intensification, it failed the remaining three parts of the minor variance test.

Specifically, the Tribunal concluded that the proposed tandem parking arrangement was not functional or appropriate, and the variances did not maintain the intent of the Zoning By-law, were not desirable, and were not minor.

The appellant appealed the City of Kitchener Committee of Adjustment's refusal of minor variance applications to permit the construction of three street townhouse units on a vacant corner lot.

The variances sought relief from front, rear, and exterior side yard setbacks.

The Tribunal heard uncontroverted expert planning evidence that the proposed infill development was compatible with the established neighbourhood and met the four tests under section 45(1) of the Planning Act.

The Tribunal allowed the appeal and authorized the variances, subject to conditions requiring a Tree Preservation Plan.

The appellant appealed the City of Kitchener Committee of Adjustment's refusal of minor variance applications to permit reduced parking and rear yard setbacks for the development of two semi-detached dwellings containing six units.

The Tribunal relied on the uncontradicted municipal planning staff report, which recommended approval.

The Tribunal found the variances met the four tests under the Planning Act, as they would increase housing variety and supply while utilizing existing public transit and infrastructure.

The appeal was allowed and the variances were authorized subject to conditions.

The appellant appealed the City of Kitchener's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 19-storey rental apartment building located within a Major Transit Station Area and the Civic Centre Neighbourhood Heritage Conservation District.

The City and a neighbourhood association opposed the development, arguing it was incompatible with the heritage character and too tall for the site.

The Tribunal allowed the appeals, finding the proposal consistent with the Provincial Planning Statement 2024, as it directs intensification to an underutilized site near transit.

The Tribunal preferred the appellant's expert evidence that the building's design mitigates adverse impacts on privacy, overlook, and cultural heritage resources, and meets the overall intent of the City's Urban Design Manual and Heritage District Plan.

The appellant appealed the City of Kitchener Committee of Adjustment's decision denying minor variances for a front yard setback to facilitate a balcony and an interior side yard setback for an unobstructed walkway to an additional dwelling unit.

The Tribunal accepted the uncontested expert planning evidence that the variances meet the four tests under section 45(1) of the Planning Act, are consistent with the Provincial Policy Statement, and represent good planning.

The appeal was allowed and the variances were authorized.

The City of Kitchener brought a motion on consent for an order under s. 34(31) of the Planning Act to bring into force the un-appealed portions of its Protected Major Transit Station Areas By-law.

The Tribunal accepted the uncontroverted expert planning evidence that partial approval would streamline development and provide housing more quickly.

The motion was granted, and the by-law was deemed in force as of its passing date, save for the specific properties subject to the appeals.

The Ontario Land Tribunal issued an amended Procedural Order following a Case Management Conference regarding appeals by 30 Duke Street Limited against the City of Kitchener.

The appeals relate to the City's failure to make decisions on proposed Official Plan and Zoning By-law amendments, as well as an appeal under the Ontario Heritage Act.

On consent of the parties, the Tribunal amended the Procedural Order to add a participant, update the style of cause, and add co-counsel for the City.

The City of Kitchener brought a motion to dismiss appeals against its Protected Major Transit Station Area (PMTSA) zoning by-law amendment, arguing the appeals targeted maximum building height and density, which are prohibited grounds under subsections 34(19.5) and (19.6) of the Planning Act.

The Tribunal found that while appeals directly challenging maximum height and density are prohibited, the legislation does not create blanket immunity for the entire by-law.

The Tribunal dismissed the portions of the appeals seeking mapping changes, finding they effectively targeted maximum building height.

However, the Tribunal allowed the appeals to proceed to a hearing regarding the built-form performance standards, provided the challenges are limited to aspects that do not directly drive maximum height or density.

At a Case Management Conference for appeals concerning Official Plan and Zoning By-law amendments for a 19-storey residential building, the Tribunal considered the draft Procedural Order.

A participant sought to include issues testing the proposal against the City's newly adopted Official Plan No. 49 and new Zoning By-law.

The Tribunal found that the subject property was explicitly exempted from both the new Official Plan and the new Zoning By-law because it was already under appeal.

Consequently, the Tribunal struck the issues related to the new planning instruments from the Issues List and approved the finalized Procedural Order for a 15-day merit hearing.

A Case Management Conference was held to re-open an appeal by the applicant regarding the municipality's failure to make a decision on Official Plan and Zoning By-law amendment applications, as well as a related Heritage Act permit appeal.

The Tribunal granted participant status to two individuals, received updates on the municipality's conformity exercise, and scheduled a further Case Management Conference and a 15-day hearing.

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

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed instruments have regard for provincial interests, are consistent with the Provincial Policy Statement, and conform to applicable official plans.

The appeals were allowed in part and the instruments were approved.

A first Case Management Conference was held regarding appeals for the failure of the City of Kitchener to make a decision on Official Plan and Zoning By-Law Amendment applications for a 13-storey apartment building.

The Tribunal granted party status to the Regional Municipality of Waterloo and participant status to two neighbours.

A Procedural Order and Issues List were approved, and a four-day merit hearing was scheduled for January 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The parties submitted a draft Procedural Order and scoped Issues List on consent.

The Tribunal approved the Procedural Order and scheduled a five-day hearing of the merits to commence on August 26, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant for a proposed residential development in Kitchener.

The appeals were filed due to the City's failure to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications within the statutory timeframes.

The Tribunal scheduled a third Case Management Conference for May 6, 2024, and directed the parties to submit a draft Procedural Order and Issues List.

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

At the first Case Management Conference, the Tribunal granted party status to the Region of Waterloo on consent.

A second Case Management Conference was scheduled, and the parties were directed to prepare a draft Procedural Order and Issues List.

The applicant appealed the City of Kitchener Committee of Adjustment's refusal of a consent application to sever a property to create one new lot and one retained lot for the construction of two single detached dwellings.

The Ontario Land Tribunal allowed the appeal, finding that the proposed infill development is consistent with the Provincial Policy Statement, conforms to the Growth Plan and municipal official plans, and represents good planning.

Provisional consent was granted subject to conditions.

The applicant appealed a decision of the City of Kitchener Committee of Adjustment refusing minor variances required to construct a four-storey apartment building while retaining existing heritage buildings.

The requested variances included a reduced rear yard setback, increased building height, and reduced parking ratios.

Based on uncontested expert planning evidence, the Tribunal found that the variances met the four-part test under section 45(1) of the Planning Act, being consistent with provincial policies encouraging intensification and transit-oriented development, and maintaining the intent of the Official Plan and Zoning By-law.

The appeal was allowed and the variances were authorized.

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.

The applicant appealed the City of Kitchener's refusal of Official Plan and Zoning By-law Amendment applications to permit a three-tower mixed-use development containing 1,124 residential units.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed development, which includes significant residential intensification and streetscape enhancements near transit, is consistent with provincial policies and represents good planning in the public interest.

The appeals were allowed in part to implement the settlement.

The applicant appealed the city's refusal of Official Plan and Zoning By-law amendments for a proposed three-tower mixed-use development.

At the first Case Management Conference, the Tribunal considered status requests.

An unincorporated neighbourhood group's request for party status was opposed by the applicant and denied by the Tribunal, though its representative was granted participant status.

Two other individuals were granted participant status on consent.

A second Case Management Conference was scheduled to allow the municipal parties to obtain instructions following recent elections.