Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 23, 2023
CASE NO(S).:
OLT-21-001728
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Kenneth Westhues
Applicant:
John Pinter
Subject:
Proposed Official Plan Amendment
Description:
To permit a vacation rental unit
Reference Number:
OPA 139
Property Address:
5411 River Road
Municipality/UT:
Niagara Falls/Niagara
OLT Case No.:
OLT-21-001728
OLT Lead Case No.:
OLT-21-001728
OLT Case Name:
Westhues v. Niagara Falls (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Kenneth Westhues
Applicant:
John Pinter
Subject:
Zoning By-law
Description:
To permit a vacation rental unit
Reference Number:
By-law 2021-96
Property Address:
5411 River Road
Municipality/UT
Niagara Falls/Niagara
OLT Case No.:
OLT-22-002871
OLT Lead Case No.:
OLT-21-001728
APPEARANCES:
Parties
Counsel/Representative*
John Pinter (“Applicant”)
Rocco Vacca
City of Niagara Falls
Tom Halinski and Naomi Mares
Kenneth Westhues
Self-represented*
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY M.A. SILLS
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on November 17, 2022, is hereby amended.
2By deleting the named Applicant in the Title of Proceedings and replacing it with the correct Applicant “John Pinter” within the Title of Proceedings as now shown in this Amending Decision.
3By also amending the identified Applicant in the Appearances, as now shown above in this Amending Decision.
4By deleting paragraph [1] from the Decision and replacing it with the following:
1This was the first Case Management Conference (“CMC”) held in the matter of appeals by Kenneth Westhues (the “Appellant”) from the adoption of an amendment to the Official Plan (“OPA 139”) and the passing of Zoning By-law Amendment No. 2021-96 (“ZBA 2021-96”) by the Council of the City of Niagara Falls (“City”) pertaining to the application filed by John Pinter (the “Applicant”) regarding the property municipally known as 5411 River Road (“the “subject property”).
5In all other respects, the Tribunal’s Decision remains the same.
“M.A. Sills”
M.A. SiLLS
Vice-chair
Ontario Land Tribunal
Website: www.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.