A quick update, neighbour, on the progress of our Friends of Olde Berlin Town campaign in pursuit of a compatible, inclusive development of 22 Weber St W that permits existing neighbours to thrive and the Heritage District to endure.
On August 22nd , we made the most of our first opportunity to publicly address Kitchener City Council about the development application for 22 Weber St W when Council considered the developer’s Heritage Permit Application (HPA). Leveraging the momentum of the staff recommendation, Heritage Kitchener recommendation and written submissions from across the city, we delivered a petition signed by 321 residents of the neighbourhood, City and Region. Our heritage and land-use consultants reported before Council that the developer’s application is inconsistent with provincial, regional and municipal laws and policies. Seven additional delegates implored Council to oppose the developer’s application, so as to uphold the law, conserve heritage and existing neighbourhoods, and keep public faith in the land-use process. No one spoke in favour of the application – not even the developer or their agents.
“I see us as joint stewards, the City and the residents, of this heritage district,” said Roy Cameron.
We called on Council to
- refuse the HPA,
- direct staff to do their utmost to uphold our bylaws and Council-ratified studies, and
- hold all legally-required public consultations within the mandated timelines and to not leave an application eligible for appeal to the Ontario Land Tribunal on the basis of a non-decision by Council.
Kitchener Council voted unanimously to refuse the HPA as recommended by staff. Staff recommended refusal due to a lack of information, as the developer did not submit a formal site plan, even after staff requested the document.
Thank you for your help and support in achieving this critical milestone. We hope our engagement influences the City’s position at the Tribunal.
It would be understandable to think that Council’s decision spells the end of the case. But, back at the April 30th Ontario Land Tribunal Case Management Conference, the developer’s representative proactively asserted that they would appeal Council’s expected refusal of the HPA. The developer has 30 days to file an appeal after receiving notice of Council’s refusal.
Will the Tribunal permit the developer to ignore the City’s requirements and still grant them the right to appeal the ruling on the HPA? That may well be the leading question at the fifth Case Management Conference on the Official Plan and Zoning Bylaw Amendment appeal on October 26th, should the developer appeal Council’s ruling on the HPA and seek to consolidate the two appeals into a single hearing. (The September 30th date was cancelled as the Tribunal will be observing the National Day for Truth and Reconciliation.)
Please share this message widely. We are succeeding together,
Hal Jaeger
on behalf of Friends of Olde Berlin Town