Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 14, 2024
CASE NO(S).: OLT-24-000863
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Araxes Inc.
Subject: Minor Variance
Description: To Permit the development of a 6-storey mixed-use building
Reference Number: A-44/24 (24 106794 MV)
Property Address: 70 Eastchester Avenue
Municipality/UT: St. Catharines/ Niagara
OLT Case No.: OLT-24-000863
OLT Lead Case No.: OLT-24-000863
OLT Case Name: Araxes Inc. v. St. Catharines (City)
Heard: October 22, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Araxes Inc. (“Appellant”)
Sara Premi
City of St. Catharines (“City”)
(Did not appear)
DECISION DELIVERED BY GREGORY J. INGRAM AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION AND BACKGROUND
1The matter before the Tribunal is an Appeal filed under s.45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) by the Appellant against the City of St. Catharines Committee of Adjustment (“COA”) decision granting three of four requests for relief submitted through a Minor Variance Application (“Application”). The relief requested facilitates the development of a six-storey mixed use building with 60 residential units and ground floor commercial space (“Proposed Development”) at 70 Eastchester Avenue (“Subject Property”).
2The Appellant’s Application comes following the City of St. Catharines decision in July 2023 to deny a requested Zoning By-law Amendment (“ZBA”) for the Subject Property to permit a 10 storey, 92-unit mixed use building. The initial Application for the Subject Property was submitted in 2022.
3In July 2024, the COA granted the relief requested to increase lot area coverage to 4690 square meters (“m2”) from the permitted 4000 m2, increase front yard setback to 73 metres (“m”) from the maximum 24 m required and reduce the minimum landscape buffer to 0 m from 3 m required. The COA refused to grant the relief sought related to density which requested 130 units/hectare (“ha”) from the 100 units/hectare permitted.
4The Subject Property is an irregular shape of approximately 47 ha in an area with 20 m of frontage along Eastchester Avenue and approximately 29 m of frontage along Queenston Street and is adjacent to a railway spur line. The planning report provided to the COA indicates that the Subject Property is in proximity to a mix of uses including residential, institutional, light/heavy industry and commercial uses and is currently vacant.
5The Garden City Official Plan (“GCOP”) designates the Subject Property as Mixed use which permits a mix of medium and higher density housing, work-live accommodation, commercial, local office, institutional, indoor recreation, and cultural uses intended to primarily serve the immediate neighbourhood and community population.
6The Subject Property is zoned Medium Density Mixed Use (“M1”) which permits medium density residential uses, standalone apartment buildings (maximum density of 100 units ha and maximum height of 20 m), commercial uses which include retail and offices and mixed-use buildings that combine residential and commercial uses.
7The Planning Report received by the COA recommended approval of the relief sought and indicated that “it is in keeping with the general intent of the Official Plan and Zoning By-law, is minor in nature, and is desirable for the appropriate development of the land.”
THE HEARING
8The Tribunal was notified before the Hearing that the City would not be participating in the proceedings.
9There were several Participant status requests to be considered at the beginning of these proceedings and it was confirmed by the Appellant that the concerns have been reviewed and will be addressed through the expert witness evidence.
10Participant Status was granted to Al and Donna Desrosier, Bret Ruston, James Dueck, Dan Gray, Diane Mellor, Edson Mattos, Lesley Seaborne, Maria and Gelindo Mantovan, Jeremy Adams, Mary Rose Adams, Barb Stone, Vanessa Brass, Yvonne Jackson, Krysta Boyer, Roger Hardwik