City wants the OMB decision on the ADI Lakeshore and Martha development to be reviewed.

News 100 blueBy Pepper Parr

March 12th, 2018

BURLINGTON, ON

 

How does that line go? It ain’t over until the fat lady sings; there is considerable debate as to who actually coined the phrase.

The Ontario Municipal Board decision to allow the construction of the 26 storey tower at Martha and Lakeshore has moved into another round of legal arguments – the City has asked the Executive Chair of the Ontario Municipal Board (OMB) to review the decision using what is called a Section 43 review request.

Bruce Krushelnicki

Center – Bruce Krushelnicki former Director of Planning for Burlington.

The Executive Chair of the OMB is Bruce Krushelnicki, who is the former Director of Planning for the city of Burlington. The failure of the city to file a response to the development application back in 2015 took place while Krushelnicki was the Planning Director

The OMB released a decision on February 13 regarding these development applications that allows 26 storeys.

nautique-elevation-from-city-july-2016

Will the Nautique ever get built?

Under Section 43 of the Ontario Municipal Act, a review may be requested so the Board may “rehear any application before deciding it or may review, rescind, change, alter or vary any decision, approval or order made by it.”

Among the reasons cited by the city for requesting a review of the decision are:

• The Board failed to properly consider the planning hierarchy set up in the Urban Growth Centre by City Council when the Board approved the height and density at 374 and 380 Martha St.

• The Board did not consider that the city’s Official Plan allocated height and density at different levels with the Urban Growth Centre, with the greatest growth directed to the Wellington Square and Old Lakeshore Road areas. As a result, the tallest building in the city, 26 storeys, is on a site designated for significantly lower levels of height and density.

The city is asking the Executive Chair to grant the city’s review request and to dismiss the appeals related to 374 and 380 Martha St.

If that does not happen, the city requests an order directing a rehearing of the appeals or changes to the Board decision to reduce the height and density allowed on the site.

It is certainly not over.

The Gazette will review the letter (it is eight pages long) that was sent to Krushelnicki and het back to you on the details.

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2 comments to City wants the OMB decision on the ADI Lakeshore and Martha development to be reviewed.

  • Alexandra Koster

    This is an absolute waste of Burlington taxpayer’s money. The lawyers involved in the hearings in July showed a complete lack of experience in these types of proceedings. The city actually tried to strike a deal with the developer at the end of the July proceedings, demonstrating a weak performance and show of desperation in front of the OMB. This was utterly a classless act by The City of Burlington. In my opinion, the city lost their chance of any type of request being approved, right then and there. I was not surprised when I received my letter from the OMB last month that the approval was for 26 stories. I was expecting 22.
    The city is supporting a 23-story building to be constructed right across from City Hall, dead center in the heart of downtown Burlington. This development is away from the core of downtown and on the far east side of downtown. This appeal and argument is not for the greater good of Burlington nor its residents. This is an embarrassment and in my opinion, incredibly unprofessional. Start focusing on other projects and developing the proper infrastructure around the city to help improve the inevitable. STOP wasting our money on appeals and START doing something constructive with our tax dollars.

  • D.Duck

    Bruce Krushelnicki being the former Director of Planning for the city of Burlington and currently the Executive Chair of the OMB should have recused himself in any and all matters related to the City of Burlington’s Official Plan.

    Editor’s note: The request has to be sent to the Executive Chair who then determines if he has a conflict and if he does he takes the appropriate steps. He hasn’t taken on the task personally.

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