West looking conceptual render for two tall buildings at 117 Jackson Street East as presented to the March 2023 Design Review Panel meeting Credit: HANDOUT

DiCenzo Construction Company is taking the City to the OLT for a non-decision appeal seeking zoning to permit the construction of two tall buildings of 30 and 39 storeys on this downtown property, which borders Hamilton’s tallest building.

City planning staff recommended denying the application due to non-conformity with the Downtown Secondary Plan. Among the reasons for denial, City staff noted the height is greater than the escarpment, the building will cast a slight shadow on Prince’s Square at 50 Main Street, and the podium is larger than permitted.

Before Council could formally deny the application, the developer appealed to the OLT for non-decision.

The first case management conference was held on January 12. Contested hearing dates are set for October 7 to 11, and October 16 and 17.

The City and developer will submit arguments regarding height, built form/design, sun shadowing, wind, visual, and noise impacts, unit types (family housing), infrastructure servicing, and climate resilience.

No persons sought participant status.

Both sides stated they are open to OLT assisted mediation talks.


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Published: February 7, 2024
Last edited: February 7, 2024
Author: Joey Coleman
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