73 MAIN STREET SOUTH (13.13)
Summary from the City Solicitor
On July 7, 2021, the Ontario Land Tribunal (“OLT”) approved and issued an order regarding the settlement between the City of Markham and Garden Homes (Markham) Inc. (the “Appellant”) with respect to appeals by the Appellant from the City’s failure to make a decision regarding applications for Official Plan Amendment, Zoning Bylaw Amendment, and Site Plan Approval at 73 Main Street South.
The OLT approved the Official Plan Amendment and Zoning Bylaw Amendment in principle, with the final order withheld until the City and the Appellant finalize the Site Plan.
On July 18, 2022, the OLT issued its final Order approving the Official Plan Amendment, Zoning Bylaw Amendment, and Site Plan.
The settlement permits the lands to be developed with 13 townhouse dwellings and 1 single detached dwelling. The OLT noted that it was satisfied that the application complied with the Planning Act and applicable policies. The OLT further noted that the impacts of the proposed development on the heritage conservation district were adequately assessed in the City’s reports as well as the recommendations of the Heritage Committee that have been incorporated into the Site Plan, and that the massing of the townhouses fronting Main Street is compatible with the area.
The OLT approved the Zoning By-law Amendment to By-law 1229, as well as the Official Plan Amendment to Official Plan Policy 22.214.171.124 to permit the development outlined above.
As the Tribunal has issued its final decision and issued an order regarding the Zoning By-Law Amendment and Official Plan Amendment, the Zoning By-law and Official Plan Amendment now require assignment of by-law and official plan numbers for administrative and municipal tracking purposes.
(By-Law 2023-28 and By-Law 2023-29)