ISSUE DATE: June 27, 2022
CASE NO.: OLT-21-001035
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2628934 Ontario Inc.
Subject: Severance
Property Address/Description: 386 East 25th Street
Municipality: City of Hamilton
Municipal File No.: HM/B-20:35
OLT Case No.: OLT-21-001035
OLT File No.: OLT-21-001035
OLT Case Name: 2628934 Ontario Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2628934 Ontario Inc.
Subject: Minor Variance
Variance from By-law No.: Zoning By-law No. 6593
Property Address/Description: 386 East 25th Street
Municipality: City of Hamilton
Municipal File No.: HM/B-20:35
OLT Lead Case No.: OLT-21-001035
OLT Case No.: OLT-21-001036; OLT-21-001037
BEFORE: G.C.P BISHOP, ALTERNATE CHAIR Monday, the 27th day of June, 2022
THIS IS A MATTER of the appeal filed by 2628934 Ontario Inc. (“Appellant”) of the City of Hamilton’s (“City”) Committee of Adjustment’s refusal of their applications for a consent to sever and minor variances to obtain relief from the provisions of the City of Hamilton Zoning By-law 6593 for lands located at 386 East 25th Street, Hamilton, Ontario.
AND WHEREAS THE TRIBUNAL issued its Decision and Order on January 4, 2022.
AND WHEREAS the Appellant filed a request for review (“Request”), pursuant to s. 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure (“Rules”), that seeks to set aside the Decision, deny the Appeal, and uphold the minor variances approved by the City Committee of Adjustment.
AND WHEREAS THE Alternate Chair of the TRIBUNAL has, pursuant to subsection 3(4) of the OLTA, been delegated authority to dispose of all aspects of this Request
AND WHEREAS THE TRIBUNAL, by letter dated March 11, 2022, directed the Appellant to file responding submissions and invited a reply from the Appellant.
AND WHEREAS THE TRIBUNAL after having reviewed the Request, the response, and reply determined that the Request meets the threshold established under Rule 25.7 to warrant a review to set aside the Decision for all of the reasons set out in its letter of disposition dated May 6, 2022.
ACCORDINGLY, THE TRIBUNAL HEREBY ORDERS that:
The Decision and Order issued on January 4, 2022 is hereby set aside and rescinded.
A re-hearing is to be convened on the appeal of this matter. The re-hearing is set for September 9, 2022 and will proceed by videoconference. The Notice of the Hearing will be provided shortly by administrative staff.
All of which are ordered pursuant to my authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure.
“Euken Lui”
EUKEN LUI REGISTRAR
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.