01-22-2025, 09:31 PM
(01-22-2025, 08:42 PM)nms Wrote:(01-21-2025, 08:59 PM)bravado Wrote: ^ this super well-made and knowledgeable post is a summary of why the housing crisis is what it is around here. If we want housing, we sure don't write the laws to make it look like we do... What a confusing nightmare!
Documents were written, like Growing Together, but then they get appealed. At the risk of derailing this post (and mods, feel free to move this where appropriate), why was Growing Together appealed, and by whom?
In this case since changes were made to zoning via a bylaw any individual can appeal that bylaw under section 34(19) of the planing act. Since an appeal was made the bylaw can not be enforced since it is still not technically approved.
This particular appeal was made by Vive for two different properties both of which they lobbied during Growing Together but didnt get what they wanted, thus they took it to the tribunal since they want better zoning, SGA 3 and SGA 4 instead of SGA 2 and 3 respectively. The tribunal found that Vive had no basis to argue those two at the tribunal, however they can argue specific parts of the bylaw, the next meeting is a written submission at the end of February so Growing Together isn't going to be approved for a while.
This is what the last OLT report ordered:
THE TRIBUNAL ORDERS that the Motion to Dismiss the Appeal without a hearing is granted, in part. The Appeal may proceed to a hearing; however, Charles Preston Kitchener Holdings Inc. and Vive Development Corporation are limited to its appeal of Section 6.5.2 and Table 6-5 of Section 21 of Zoning By-law Amendment No. 2024-065 and are not permitted to raise issues nor to present evidence that exclusively challenge the permitted uses, maximum density, and maximum height established by Zoning Bylaw Amendment No. 2024-065 (save and to the extent that evidence may be led as to matters of maximum height and maximum density that indirectly relate to the issues raised in s. 6.5.2 and Table 6-5 in Section 21 of Zoning By-law Amendment No. 2024-065).

