24 Brock St. N. appeal hearing postponed at property owner's request

News Jan 19, 2018 by Craig Campbell Dundas Star News

A hearing scheduled for an Ontario Municipal Board appeal of several minor variances for a proposed four-storey, 51-unit residential development at 24 Brock St. N. was postponed at the property owner's request.

Board scheduling co-ordinator Maria Fernandes granted property owner Mickee Singh's request on Jan. 10 and directed Singh to notify appellant William Hilson and 14 other residents of Brock Street North and Park Street, as well as city staff members, who had all previously received notice of the scheduled hearing.

Hilson appealed the June 2017 committee of adjustment decision, arguing the variances requested and granted "are a breach" of a previous OMB settlement reached with the property's previous owner in 2013.

He stated "the developer submitted variances to the Committee of Adjustment knowingly breaching the agreement of the board minutes of settlement." And that the agreement between neighbours and previous owner Alex Szabo applied "good planning principles and procedures of the Planning Act."

Board spokesperson Monica Patricio stated in an email that Singh requested the adjournment of the Jan. 18 hearing on Jan. 6, and there was consent among parties.

"We are currently working with the parties to reschedule this matter," Patricio said. "Mr. Singh has also advised the Board that the parties have shown willingness to engage in discussions which may resolve the issues."

Singh responded by email to questions from the Dundas Star News, stating that the postponement "was not due to alter the proposal but I am always ready to hear the person who objected to our success with the committee and his concerns."

He said the objection was from one neighbour.

"It is my intention to make a really nice property that everyone and the people living around be proud to see," Singh stated in an email. "It's always hard in the beginning and I am used to head winds and I do understand my neighbours and have tremendous respect and regard for each one of them including the city staff and the councillor and others involved with our project. The suggestion to postponement was very much mutual and in spirit of co-operation."

On June 1, the committee approved seven variances to the existing zoning bylaw, with conditions. City planning staff had recommended three of the variances be denied, suggesting reductions in side and rear yard setbacks are not minor in nature and may not meet the intent of the official plan and site specific zoning bylaw, but recommended conditions if the committee approved the variances.

The applicant must submit a revised stormwater management report to the satisfaction of development engineering and Canadian National Railway, submit a revised noise and vibration study to the satisfaction of Canadian National Railway, and receive site plan approval from the city`s manager of development planning.

Several neighbours, both in letters to the committee and in comments during the June hearing, argued the property owner should be required to meet the development requirements in the previous Ontario Municipal Board settlement agreement made with residents who had appealed a previous development proposal on the site.

Singh and his wife, Seema Makhija, under the companies RedDotBrock1 and RedDotBrock2, bought both 24 Brock St. N. and 363 Park St. W. from Dundas business owner Alex Szabo for a combined total of $2.8 million in January 2017.


24 Brock St. N. appeal hearing postponed at property owner's request

Owner says delay requested "in spirit of co-operation"

News Jan 19, 2018 by Craig Campbell Dundas Star News

A hearing scheduled for an Ontario Municipal Board appeal of several minor variances for a proposed four-storey, 51-unit residential development at 24 Brock St. N. was postponed at the property owner's request.

Board scheduling co-ordinator Maria Fernandes granted property owner Mickee Singh's request on Jan. 10 and directed Singh to notify appellant William Hilson and 14 other residents of Brock Street North and Park Street, as well as city staff members, who had all previously received notice of the scheduled hearing.

Hilson appealed the June 2017 committee of adjustment decision, arguing the variances requested and granted "are a breach" of a previous OMB settlement reached with the property's previous owner in 2013.

He stated "the developer submitted variances to the Committee of Adjustment knowingly breaching the agreement of the board minutes of settlement." And that the agreement between neighbours and previous owner Alex Szabo applied "good planning principles and procedures of the Planning Act."

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Board spokesperson Monica Patricio stated in an email that Singh requested the adjournment of the Jan. 18 hearing on Jan. 6, and there was consent among parties.

"We are currently working with the parties to reschedule this matter," Patricio said. "Mr. Singh has also advised the Board that the parties have shown willingness to engage in discussions which may resolve the issues."

Singh responded by email to questions from the Dundas Star News, stating that the postponement "was not due to alter the proposal but I am always ready to hear the person who objected to our success with the committee and his concerns."

He said the objection was from one neighbour.

"It is my intention to make a really nice property that everyone and the people living around be proud to see," Singh stated in an email. "It's always hard in the beginning and I am used to head winds and I do understand my neighbours and have tremendous respect and regard for each one of them including the city staff and the councillor and others involved with our project. The suggestion to postponement was very much mutual and in spirit of co-operation."

On June 1, the committee approved seven variances to the existing zoning bylaw, with conditions. City planning staff had recommended three of the variances be denied, suggesting reductions in side and rear yard setbacks are not minor in nature and may not meet the intent of the official plan and site specific zoning bylaw, but recommended conditions if the committee approved the variances.

The applicant must submit a revised stormwater management report to the satisfaction of development engineering and Canadian National Railway, submit a revised noise and vibration study to the satisfaction of Canadian National Railway, and receive site plan approval from the city`s manager of development planning.

Several neighbours, both in letters to the committee and in comments during the June hearing, argued the property owner should be required to meet the development requirements in the previous Ontario Municipal Board settlement agreement made with residents who had appealed a previous development proposal on the site.

Singh and his wife, Seema Makhija, under the companies RedDotBrock1 and RedDotBrock2, bought both 24 Brock St. N. and 363 Park St. W. from Dundas business owner Alex Szabo for a combined total of $2.8 million in January 2017.


24 Brock St. N. appeal hearing postponed at property owner's request

Owner says delay requested "in spirit of co-operation"

News Jan 19, 2018 by Craig Campbell Dundas Star News

A hearing scheduled for an Ontario Municipal Board appeal of several minor variances for a proposed four-storey, 51-unit residential development at 24 Brock St. N. was postponed at the property owner's request.

Board scheduling co-ordinator Maria Fernandes granted property owner Mickee Singh's request on Jan. 10 and directed Singh to notify appellant William Hilson and 14 other residents of Brock Street North and Park Street, as well as city staff members, who had all previously received notice of the scheduled hearing.

Hilson appealed the June 2017 committee of adjustment decision, arguing the variances requested and granted "are a breach" of a previous OMB settlement reached with the property's previous owner in 2013.

He stated "the developer submitted variances to the Committee of Adjustment knowingly breaching the agreement of the board minutes of settlement." And that the agreement between neighbours and previous owner Alex Szabo applied "good planning principles and procedures of the Planning Act."

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Board spokesperson Monica Patricio stated in an email that Singh requested the adjournment of the Jan. 18 hearing on Jan. 6, and there was consent among parties.

"We are currently working with the parties to reschedule this matter," Patricio said. "Mr. Singh has also advised the Board that the parties have shown willingness to engage in discussions which may resolve the issues."

Singh responded by email to questions from the Dundas Star News, stating that the postponement "was not due to alter the proposal but I am always ready to hear the person who objected to our success with the committee and his concerns."

He said the objection was from one neighbour.

"It is my intention to make a really nice property that everyone and the people living around be proud to see," Singh stated in an email. "It's always hard in the beginning and I am used to head winds and I do understand my neighbours and have tremendous respect and regard for each one of them including the city staff and the councillor and others involved with our project. The suggestion to postponement was very much mutual and in spirit of co-operation."

On June 1, the committee approved seven variances to the existing zoning bylaw, with conditions. City planning staff had recommended three of the variances be denied, suggesting reductions in side and rear yard setbacks are not minor in nature and may not meet the intent of the official plan and site specific zoning bylaw, but recommended conditions if the committee approved the variances.

The applicant must submit a revised stormwater management report to the satisfaction of development engineering and Canadian National Railway, submit a revised noise and vibration study to the satisfaction of Canadian National Railway, and receive site plan approval from the city`s manager of development planning.

Several neighbours, both in letters to the committee and in comments during the June hearing, argued the property owner should be required to meet the development requirements in the previous Ontario Municipal Board settlement agreement made with residents who had appealed a previous development proposal on the site.

Singh and his wife, Seema Makhija, under the companies RedDotBrock1 and RedDotBrock2, bought both 24 Brock St. N. and 363 Park St. W. from Dundas business owner Alex Szabo for a combined total of $2.8 million in January 2017.