Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 17, 2021
CASE NO(S).: PL210201
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Nolan Yearwood
Applicant: Paul & Karen Bell
Subject: Minor Variance
Variance from By-law No.: 2017-117
Property Address/Description: 5 Berwick Trail
Municipality: City of Welland
Municipal File No.: A05/2021
LPAT Case No.: PL210201
LPAT File No.: PL210201
LPAT Case Name: Yearwood v. Welland (City)
Heard: September 10, 2021 via video hearing
APPEARANCES:
Parties
Counsel/Representative*
Nolan Yearwood ("Appellant")
No One Appeared
Paul Bell Karen Bell ("Applicants")
Self-Represented
City of Welland
No One Appeared
DECISION OF THE TRIBUNAL DELIVERED BY C. HARDY
1Paul Bell and Karen Bell ("Applicants") of 5 Berwick Trail, Welland ("Subject Property") applied for a minor variance to permit a 22 square metre sunroom addition to be built on an existing concrete pad and replace an existing pergola. The Applicants requested a variance from Zoning By-Law No. 2017-117 ("ZBA") to permit a reduced rear yard setback of 4.7 metres where 7 metres is required. The municipal planning staff supported the application and the Appellant appeared before the Committee of Adjustment to oppose the application.
2The Committee of Adjustment approved the application on March 17, 2021. The Appellant, who is the owner of the adjacent property located at 6 Turnberry Trail, Welland appealed the approval pursuant to section 45(12) of the Planning Act.
3The Municipality did not appear at the hearing, but Ms. Rachelle Larocque, Interim Manager of Planning for the City of Welland was summoned by the Applicants to appear.
4The hearing of this appeal was convened at 10 a.m. on September 10, 2021. The Appellant was not present and the matter was stood down by the Tribunal for 30 minutes to provide the Appellant with an opportunity to appear and to provide the Tribunal with an opportunity to contact the Appellant.
5The Tribunal was informed at the hearing that the appellant withdrew the appeal.
6The Tribunal has closed its file on this matter.
7The Committee of Adjustment decision dated March 17, 2021 is in full force and effect
"C. Hardy"
C. HARDY
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.