Dennison OMB hearing ends after two days - decision expected in a couple of months.

By Pepper Parr

June 30, 2015

BURLINGTON, ON

Ward 4 Councillor Jack Dennison

Jack Dennison had his hearing before the Ontario Municipal Board earlier this week where he is appealing a decision of the Committee of Adjustment that turned down his request to sever his property on Lakeshore Road,

The Gazette was not able to attend the two day hearing but has interviewed a number of people who did attend.

A designated home, bought under a power of sale on a lot which owner Councillor Jack Dennison wants to have severed into two lots. The Committee of adjustment said no – an appeal was made to the Ontario Municipal Board – a decision is expected in a few months.

“There were body blows given by both sides” said one well informed observer. Did Dennison have a case we asked?
“Yes Dennison had a case – did he make it is a different question and did the OMB Commissioner buy the Dennison argument.” Our informant wasn’t prepared to say, however he did say that Dennison as the appellant was the first to speak and his people took up the best part of the two day hearing. “They took all the oxygen out of the room” was the way the proceedings were described.

By the time the city got to make its argument things were getting a little rushed and people didn’t have the opportunity to be as fulsome as they may have wanted to be.

The OMB Commissioner who heard the appeal said that he had never experienced a hearing on this kind of issue that ran for two solid days.  The hearing was the result of an appeal Councillor Dennison made against a Committee of Adjustment decision not to allow the request for a severance of the Lakeshore Road property.

The committee of Adjustment that voted 3-2 to deny Councillor Jack Dennison the severance he wanted for his Lakeshore Road property.

That hearing was a long contentious one that did not produce a unanimous decision.

One person we interviewed suggested that the cost of the hearing will run at close to $200,000 – assume a little less than half that a cost the city will have to cover and we are looking at costs that amount to more than the city pays Dennison to serve as a Council member for a full year.

Heritage took a hit said our commentator, the character of the community was a significant part of the city’s case and while some thought that case was well made others didn’t see it quite the same way.

The city’s planning department is in the final stages of completing a “character study” of the community – many had hoped that study would have been completed and available as evidence at the hearing.

It is difficult to find very many people in the community who will speak openly in support of the severance Dennison sought.  The community was so upset that at one point they denied his application for membership in a community association.  However, in the 2014 election Jack Dennison won his seat again by a more than respectable majority – the voters did speak.  In a few months to Ontario Municipal Board will speak and the development direction for the Roseland community will be set to some degree

Background articles:

Width of the proposed lot becomes public.

Property with a complex financial history

Committee of Adjustment meeting