Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 26, 2023
CASE NO(S).: OLT-21-001728
PROCEEDING COMMENCED UNDER section 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 section 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
Heard: March 30 to 31, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Kenneth Westhues | Self-Represented* |
| City of Niagara Falls | Tom Halinski, Naomi Mares |
| John Pinter | Rocco Vacca |
DECISION DELIVERED BY s. dixon and Bita M. Rajaee and ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
Background
1An application to amend the City of Niagara Falls Official Plan (“COP”) and Zoning By-law 79-200 (“ZBL”) was filed by John Pinter (“Applicant”) to permit the use of an existing detached dwelling as a vacation rental unit (“VRU”) on the lands municipally known as 5411 River Road (“Subject Lands”) in the City of Niagara Falls (“City”).
2The application resulted in the adoption of Official Plan Amendment 139 (“OPA 139”) and By-law 2021-96 (together, “Amendments”) by the City. The Amendments establish site-specific provisions in both the COP and ZBL to permit a VRU in the existing detached dwelling with a maximum of three bedrooms and a minimum of three parking spaces on the Subject Lands.
3The Amendments require that the scale and physical character of the VRU is compatible with the surrounding neighbourhood, and that parking and landscaping shall be consistent with the surrounding residential environment. The VRU would further be subject to a licensing by-law designed to regulate the operational aspects of the VRU.
4The Amendments were appealed to the Tribunal by Kenneth Westhues (“Appellant”), owner of the property abutting and to the immediate south of the Subject Lands, pursuant to sections 17(24) and 34(19) of the [Planning Act, R.S.O. 1990, c. P.13](https://