Some Oakville ZBL/OPA appeals resolved

NRU
Oct. 12, 2016

In a September 27 decision arising from an April 15 prehearing conference, board member Chris Conti allowed an appeal, in part, by Loblaw Properties against the Town of Oakville’s new comprehensive zoning by-law and its implementing offi cial plan amendment.

Prior to the hearing a settlement was reached between Loblaw and the town, resulting in changes to the zoning bylaw for Loblaw’s properties at 201 Oak Park Drive, 173, 183 Lakeshore Road West and 180 Rebecca Street. Under the settlement, new provisions will be incorporated into the bylaw regarding the location of garden centres on the properties, as well as parking matters.

Town policy planning manager Diana Childs provided evidence on behalf of the town in support of the settlement, testifying the amendments to the by-law are consistent with the Provincial Policy Statement and conform to the Growth Plan as well as the Halton Region and town official plans. The board accepted Childs’ evidence and allowed the appeal, in part.

The town also requested that the board approve provisions of the zoning by-law that are not in dispute, including regulations concerning parapets and rooftop terraces. Town urban design manager Christina Tizzard provided evidence on behalf of the town in support of these landscaping provisions, stating they are appropriate and represent good planning.

The board agreed with Tizzard’s unchallenged evidence and approved those zoning by-law amendments. The board’s approval of these changes partially resolves appeals of the ZBL
and OPA by Johnny and Sonia Guglietti, Jogug Investments, Melrose Investments, Melrose Properties, Ironrose Developments, Roseville Properties. Consequently, those appeals were also allowed, in part.

Finally, appeals of the comprehensive zoning by-law by Tandet Management, Centrio Holdings and Marpal Properties were withdrawn.

Solicitors involved in this decision were Andrew Biggart (Ritchie Ketcheson Hart & Biggart) and town solicitor Nadia Chandra representing the Town of Oakville, Jennifer Meader (WeirFoulds) representing 2167200 Ontario Ltd., Russell Cheeseman (Russell D Cheeseman Barrister &
Solicitor) representing Fernbrook Homes, Hans Holdings, Healthcare Properties Holdings Ltd., Johnny and Sonia Guglietti, Jogug Investments Inc., Melrose Investments Inc., Melrose Properties Inc., Ironrose Developments Inc., Roseville Properties Inc., Guglietti Brothers Investments Ltd. And Sorial Sherif, Roberto Aburto (Gowling WLG) representing General Electric, Anna Toumanians (Turkstra Mazza) representing By-Ways Construction Inc. and Ryan Lee Investments Inc., John Inglis (O’Connor MacLeod Hanna) representing Bellven Investments Ltd., Centrio Holdings Ltd., Marpal Properties Inc., Western Regency Construction Inc., OS&B Holdings Ltd. and Tandet Management Inc. and David Nelligan (Aird & Berlis) representing First Capital Holdings Trust and Loblaw Properties Ltd. [See OMB Case No. PL140317.]