Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 30, 2024
CASE NO(S).: OLT-24-000186
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Favero Holdings Limited
Subject: Consent
Description: Consent to approve the second severance sought by the applicant
Reference Number: B45/22 F.E.
Property Address: 1372 Garrison Road
Municipality/UT: Fort Erie/Niagara
OLT Case No.: OLT-24-000186
OLT Case Name: Favero Holdings Limited v. Fort Erie (Town)
Heard: April 25, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Favero Holdings Limited | E. Gillespie |
| Town of Fort Erie | K. Shedden |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON APRIL 25, 2024 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal is the Appeal by Favero Holdings Limited (“Appellant”) arising from the conditions attached to the Consent Application by the Committee of Adjustment for the Town of Fort Erie (“Town”), pursuant to s. 53(19) of the Planning Act, for the property Municipally known as 1372 Garrison Road.
2The Appellant proposes the creation of a new residential lot Part 1 on the severance sketch in the Spears-High Pointe neighbourhood. The retained parcel is described as Part 2, and contains a single detached dwelling and a detached garage.
3The proposal will result in parcels with the following lot area and lot frontages:
- Part 1: 24.38 metres (“m”) lot frontage, 695.8 square metres (“m2”) lot area; and
- Part 2: 24.38 m lot frontage, 1,089.4 m2 lot area.
PRELIMINARY MATTER
4On April 24, 2024, the Tribunal received communication from Mr. Gillespie, advising that following discussions between Counsel and the Appellant, that the Appellant is withdrawing the Appeal.
HEARING
5At the onset of the Hearing, Mr. Gillespie thanked the Tribunal for making itself available and confirmed that his client withdrew the Appeal.
ORDER
6THE TRIBUNAL ORDERS to close OLT Case File No. OLT-24-000186, due to the withdrawal of the Appeal.
“P. Tomilin”
P. Tomilin MEMBER
Ontario Land Tribunal Website: 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.