After Denial at the Ontario Land Tribunal, Ancaster Lovers Lane Homeowner is Back Again

Joey Coleman

A board outside the Committee of Adjustment hearing room with the staff reports for public viewing.

Back in April, I noted an unusual Ontario Land Tribunal ruling in which the OLT overturned a Committee of Adjustment minor variance approval.

In the case, 64 Lovers Lane Ancaster, the owner sought decreased lot setbacks to permit the construction of a large L-shaped home and an in-ground backyard pool on their corner lot property.

The City’s planning staff recommended approval. The CoA agreed and approved it.

Neighbours appealed to the OLT. At the OLT, the owner failed to call evidence while the neighbours hired a registered professional planner.

With the OLT denial, the owners can no longer pursue their initial plan.

This week, the owners came in front of Hamilton’s Committee of Adjustment with a small version of their original plan to seek new variances.

HANDOUT

City of Hamilton staff summary of the differences between the OLT denied application and the new application at 64 Lovers Lane in Ancaster

With the OLT denial as binding precedence, the City’s planning staff are required to recommend denial of the variances requested.

Citing the denial recommendation, the majority of members on the Committee of Adjustment indicated they would recommend denial of the new application.

The owner requested a tabling to amend their application further and negotiating with City planning staff to gain a recommendation for approval.

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Last edited: July 14, 2022
Author: Joey Coleman
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