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HomeMy WebLinkAboutCRPS-06-080 - Request to Execute Minutes of Settlement - Appeal to Ontario Municipal Board - 52 & 90 Woodside Ave Report To: Mayor Zehr and Members of Council Date of Meeting: Monday, May 8, 2006 Submitted By: Fiona M. McCrea, Assistant City Solicitor Prepared By: Fiona M. McCrea, Assistant City Solicitor Ward(s) Involved: Ward 6 Date of Report: May 8, 2006 Report No.: CRPS-06-080 Subject: Appeal to Ontario Municipal Board (OMB File No. 52 & 90 Woodside Ave. (Sterling Bridge, Owners) RECOMMENDATION: That the Mayor and Clerk be authorized to execute minutes of settlement in respect of the appeal to the Ontario Municipal Board by Weber Supply Company Inc., of a municipal plan amendment and zoning by-law amendment for 52 & 90 Woodside in a form satisfactory to the City Solicitor REPORT: Weber Supply Company Inc. appealed Zoning By-law Amendment 2005-169 and Municipal Plan Amendment No. 61, approved by the City of Kitchener, to the Ontario Municipal Board. All parties attended mediation from which came principles of settlement. Based on those principles the parties have reached an agreement on the terms of settlement. It is therefore necessary to execute minutes of settlement so that the hearing scheduled to commence on May 12t", 2006 may be cancelled. City Planning and Legal staff have worked with the appellant, the owner and their respective solicitors and consultants in reaching the terms of settlement. FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: N/A CONCLUSION: A satisfactory resolution of the issues of the appeal has been reached thereby allowing the appeal to be withdrawn and a hearing before the Ontario Municipal Board avoided. The owners will then be able to proceed with the proposed development. Fiona M. McCrea Assistant City Solicitor c.c. Brandon Sloan