Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 21, 2023
CASE NO(S).: OLT-23-000160
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: City of Hamilton
Applicant: Mihajilo Kancko
Subject: Minor Variance
Description: To permit construction of a new two-storey single detached dwelling including a deck and accessory structures in the rear yard
Reference Number: AN/A-22: 180
Property Address: 64 Lovers Lane
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-23-000160
OLT Lead Case No.: OLT-23-000160
OLT Case Name: Hamilton (City) v. Hamilton (City)
Heard: June 19 to 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Misko Kancko (“Applicant”)
City of Hamilton (“Appellant”) Nancy Smith Patrick J. Kraemer
Chris Greco Mike Robitaille*
DECISION DELIVERED BY a. sauve AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1The Tribunal heard three days of evidence in regard to this Minor Variance Application appeal. Each Party called one witness: a professional Land Use Planner. The Tribunal would like to thank Counsel, Representatives, the Participants, and the witnesses for their invaluable assistance to the Tribunal in the collection and presentation of the evidence.
2We were all brought together to determine whether a Minor Variance (“MV”) should be allowed for the Subject Property located at 64 Lovers Lane, in the City of Hamilton. Currently, there is a single-family dwelling located on the property, but the owner would like to replace it with a new, larger, two-storey single detached dwelling, including a deck and accessory structures in the rear yard.
3The Applicant is asking for four variances from the current By-law, being the Former Town of Lancaster Zoning By-law No. 87-57 (“ZBL”): front yard setback, side yard setback, rear yard setback, and maximum lot coverage.
4The Applicant had a previous MV appeal to the Tribunal (OLT-21-001644) denied as that Application had failed to meet the four tests under section 45(1) of the Planning Act (“Act”). The Applicant was unrepresented and proffered no evidence at that Hearing. The Applicant revised the Application several times until we now have the current Application, which was approved by the Committee of Adjustment (“COA”) on February 2, 2023, and subsequently appealed by the City of Hamilton.
5The COA included two conditions in granting the Application, being:
that the variances approved shall be generally in keeping with the “Kancko Residence Drawing Package (revision date July 18, 2022)” to the satisfaction of the Director of Development Planning; and
that the variances approved shall not permit an attached garage within the southerly side yard, to the satisfaction of the Director of Development Planning.
6The Subject Property is located at the northwest corner of Lovers Lane and Thornwood Drive intersection. The Subject Property is generally rectangular in shape and has a total lot area of 0.13 hectares (0.31 acres). The site is currently occupied by an existing one-storey single detached home with existing vehicle access from Lovers Lane.
7The Subject Property is an existing lot of record. The Subject Property is legally described as LT 1, PL