Niagara-on-the-Lake is looking to settle a dispute with a Niagara-based homebuilder after he appealed to allow for specific exceptions to development plans for his property near Queenston.
The builder, Christopher Adams of Newcastle Communities, owns 2052 York Rd. and is looking to build another house on his property. In late July, he applied for a minor variance that would have allowed him to increase the building’s façade and cut back the minimum lot frontage.
A minor variance allows a property owner an exception to a town bylaw if the change is considered minor enough not to require a zoning amendment.
The town’s committee of adjustment denied the request in September, ruling that this change “is not minor in nature” and not appropriate for the development of this land.
Adams appealed that decision on Oct. 14, leading to council’s discussion on Oct. 28.
Council chose to try and settle to avoid a battle at the Ontario Land Tribunal, which some councillors said would be costly and difficult to win.
“It doesn’t make sense to go to a hearing you can’t win at,” said Lord Mayor Gary Zalepa.
Staff gave the town three options. The first two involved using the town’s legal counsel and an external planner to either defend the committee of adjustment’s decision or negotiate a settlement with the applicant.
The third option involved settling by accepting staff’s recommendation to approve the minor variances.
Council supported the second option: negotiating a settlement, which would be presented to the Ontario Land Tribunal.
Coun. Gary Burroughs, however, argued they should challenge the appeal.
I’m sure that the issue of (the) huge cost of legal defence will come up again in discussions,” he said.
“But as I understand this particular property … the applicant is recommending 60-foot lots and that is just not anywhere in that neighbourhood.”
Couns. Maria Mavridis and Sandra O’Connor agreed with Burroughs, both saying the committee made the right decision.
Council remained divided. Coun. Wendy Cheropita supported the third option, saying while she respects the committee of adjustment, she would prefer to go with staff’s decision.
“We’d better have some, enough facts and enough evidence so that we are actually going to win this, which I don’t think we will, given the evidence that staff have put forward,” she said.
Cheropita later questioned whether the town could find an external planner to mediate.
Coun. Adriana Vizzari asked about the costs of each option.
Kirsten McCauley, director of community and development services, said using only the town’s legal services would be the least expensive option.
“It is quite a bit more expensive when you add an external planning consultant and you are adding the full hearing,” McCauley said.
O’Connor said Adams should have gone through a different process.
“It would have been better served to have gone through re-zoning,” she said.
Local contractor Nicholas Colaneri, who spoke at the committee of adjustment hearing, told The Lake Report he disagreed with council’s decision.
“They (council) chose to settle, which was the wrong decision,” he said. “I can now do the same thing and say, ‘Hey, hang on, you can’t deny me because you approved this one over here.’”
Christopher Adams said, “We have not heard from the town as of recent and will likely await their counsel to contact ours.”
