Ontario Construction News staff writer
The Ontario Land Tribunal has granted an appeal to the owners of 223 and 227 Mary St. in Niagara-on-the-Lake to erect a four-storey, 41-unit apartment building.
During a March 5 settlement hearing — originally planned as a case management conference — the town agreed to the development, but with several conditions.
At the conclusion of the hearing, the OLT chair provided an oral decision granting the appeal and approving the Official Plan Amendment (with a minor amendment to the preamble) and the Zoning By-law Amendment. A holding provision remains on the zoning as recommended by Staff. Including a Holding (H) symbol requires the subject lands to merge in title to facilitate the proposed development and address stormwater management requirements before development occurs. A site plan application is also required.
This decision means that the developer can proceed with the project.
The minor revision to the Official Plan Amendment updates the reference from the Provincial Policy Statement 2020 to the Provincial Planning Statement 2024, as the OLT decision was made after the new statement took effect on Oct. 20, 2024.
While the planning committee had approved a rezoning application on Mary Street, allowing the building to exceed the neighbourhood’s 10-metre height restriction, the bylaw was lost in a tie vote at council and the application was rejected.
The owners appealed council’s decision to the tribunal.
During their Nov. 12 planning meeting, councillors agreed to settle the tribunal appeal by approving the development proposal as recommended by staff and then present the decision to the tribunal for a possible settlement. The committee’s recommendation was approved by council.
