# Ontario Land Tribunal
# Tribunal ontarien de l’aménagement du territoire
**ISSUE DATE:** March 02, 2023
**CASE NO(S).:** OLT-22-001995
PROCEEDING COMMENCED UNDER section 45(12) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P. 13, as amended
**Applicant/Appellant:** NHDG (Waterfront) Inc.
**Subject:** Minor Variance
**Description:** To permit the construction of a new mixed-use development consisting of three (3) residential towers above ground-floor commercial uses
**Reference Number:** SC/A-21:346
**Property Address:** 310 Frances Avenue (310 Frances Avenue)
**Municipality/UT:** Hamilton/Hamilton
**OLT Case No:** OLT-22-001995
**OLT Lead Case No:** OLT-22-001995
**OLT Case Name:** NHDG (Waterfront) Inc. v. Hamilton (City)
PROCEEDING COMMENCED UNDER section 41(12) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P. 13, as amended
**Subject:** Site Plan
**Reference Number:** DA-19-020
**Property Address:** 310 Frances Avenue
**Municipality/UT:** Hamilton/Hamilton
**OLT Case No:** OLT-22-003190
**OLT Lead Case No:** OLT-22-001995
**OLT Case Name:** NHDG (Waterfront) Inc. v. Hamilton (City)
**Heard:** February 03, 2023 by Video Hearing
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## APPEARANCES:
**Parties** | **Counsel/Representative\***
--- | ---
City of Hamilton | P. MacDonald
NHDG (Waterfront) Inc. | D. Bronskill
Lakewood Beach Community Council | V. Saunders\*
---
## MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON FEBRUARY 03, 2023 AND ORDER OF THE TRIBUNAL
[1] The matter before the Tribunal was a status update regarding the minor variance appeals by New Horizons Development Group (Waterfront) Inc. (“NHDG”) pursuant to [s. 45(12)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html) of the [Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html), R.S.O. 1990, c. P. 13 as amended (“Act”), for the property municipally known as 310 Frances Avenue (“Subject Lands”) in the City of Hamilton (“City”).
[2] A five-day (“5-day”) Hearing di novo for the minor variance appeals was scheduled to begin on January 31, 2023. The Tribunal was informed that the statutory Parties have come to an agreement in principle regarding the minor variances being sought. At the request of NHDG and the City, the first four of the Hearing dates had been released, with the final date left to provide the Tribunal with an update.
[3] The Lakewood Beach Community Council (“LBCC”) had not been privy to the agreement in principle between NHDC and the City. Sarah Knoll, the land-use planner for NHDG, appeared before the Tribunal to provide a non-opinion, general status update of the revised agreed-upon minor variances and site plan Applications for the benefit of the Tribunal and LBCC.
[4] The Parties requested that a one-day Hearing be scheduled in April or May to provide the Tribunal with opinion evidence to support the agreed-upon revised minor variances that are now being sought by NHDG. Mr. Bronskill also informed the Tribunal that the City and NHDG have been working towards a potential settlement of the site plan appeals under [s. 41(12)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html). Should the two Parties come to a settlement agreement, they may request that the Tribunal potentially hear both matters at the same time.
[5] A 1-day Hearing of the s. 45(12) appeals has been scheduled to proceed by video on Thursday, May 25, 2023 at 10 a.m.
[6] Parties and Participants are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
[https://global.gotomeeting.com/join/638422541](https://global.gotomeeting.com/join/638422541)
Access code: 638-422-541
[7] Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at [GoToMeeting](https://global.gotomeeting.com/install) or a web application is available: [https://app.gotomeeting.com/home.html](https://app.gotomeeting.com/home.html).
[8] Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 638-422-541.
[9] Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Video Hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
[10] No further notice is required.
[11] So Orders the Tribunal.
“STEVEN COOKE”
STEVEN COOKE
VICE-CHAIR
Ontario Land Tribunal
Website: [
minicounsel