The owner of 22 Weber St W is reviving its Ontario Land Tribunal appeal, starting with a Case Management Conference on August 27, 2024.  The appeal was adjourned at the owner’s request in January 2023.

Many might recall the application which seeks Official Plan and Zoning Bylaw amendments to permit unlimited height and minimal front and side yard setbacks in support of the 19-storey (58.6 m) build depicted to the right.   

New Strategic Growth Area (SGA) zoning was applied by the City of Kitchener to the surrounding properties on March 19, 2024, via the Growing Together project, as shown below.  The SGA zoning is subject to Regional approval and any appeals.  The City did not re-zone 22 Weber St W, as the case was before the Tribunal.   The accompanying table identifies aspects of the developer’s proposed zoning which conflict with the SGA-2 zoning applied to all properties on the north side of Weber St W, inside the Civic Centre Heritage Conservation District.  For context, the rear yard neighbours, which are 2¹/₂-storey builds, are limited to 11m of height, under SGA-1 zoning.  It should be noted that a) the full development permissions of SGA zoning are only available to properties meeting lot width and area requirements, b) SGA zones include larger setbacks for storeys above the 6^th floor and c) the Heritage District Plan takes precedence over zoning provisions, in the event of a conflict.

A second CMC is scheduled for Wednesday, October 30, 2024, to receive an update
from the Parties, consider any additional Participants, review the Procedural Order,
finalize the Issue List and confirm the number of days scheduled for the Hearing.

When first faced with the appeal, concerned neighbours formed Friends of Olde Berlin Town, a not-for-profit organization in pursuit of an equitable and inclusive community, and attained Party-status before the Tribunal.  Concerns include the fair and universal application of the law, appropriate transitions in built form, undue diminishment of sunlight and quiet enjoyment, and that the approval of the application could undermine the viability of neighbouring heritage resources.  Friends of Olde Berlin Town welcomes new members.  Further information is available at www.obtfriends.ca.