Developer wins OMB appeal against Kincardine

Developer Tom Kerr has won his Ontario Municipal Board (OMB) appeal against the Municipality of Kincardine, allowing him the zoning bylaw amendment to proceed with further residential development on property west of the intersection of Kincardine Avenue and Fraser Drive in the Town of Kincardine.

In a 15-page decision rendered Monday (Oct. 30), OMB chairman S.Tousaw stated the proposed development is compatible with the surrounding residential area, conforms with the Bruce County and Kincardine Official Plans, and does not cause any traffic or safety concerns.

“The Board will approve the Zoning Bylaw Amendment (ZBA) with minor modifications,” states Tousaw, in his decision. “A one-storey, five unit townhouse is found to be compatible with surrounding uses and to meet the required legislative tests. There was no dispute over the reduced frontages permitted by the ZBA for the semi-detached dwelling.

“The Board orders that the appeal is allowed in part, and the Zoning Bylaw is amended and approved ... subject to the following amendments:
 

• A new subsection (iii) is added to Item 2, s. 12.3.X as follows: (iii) Access to Kincardine Avenue shall be limited to one access point.
• Subsection (i) in Item 3, s. 14.3.X is replaced as follows: (i) A maximum of Five (5) Row Dwelling Units shall be permitted, limited to one storey with a maximum height of 8.3 metres at the peak of the roof, and decks to be erected at ground level.
• Subsection (iv) in Item 3, s. 14.3.X is replaced as follows: (iv) A detached accessory structure may encroach no more than 1.5 metres into the front yard of the subject lands.
• A new subsection is added to Item 3, s. 14.3.X as follows: (vi) The north side yard shall be no less than 5.49 metres.

To read the entire decision, click here.