OMB decides in residents’ favour in zoning appeal

The Town of Fort Frances will not be selling off property known as “Nelson Street Park” as it had planned, as Ontario Municipal Board chair J.E. Sniezek has decided in favour of residents opposing the rezoning of the property in question, and ordered the pertinent bylaw repealed.
In a decision issued June 28, 2012, Sniezek said the OMB “concludes that the town failed to provide this board with an objective unbiased review of the use of parks space in the municipality to support the closure and redevelopment of Nelson Street Park considering the fact that the local school site is slated for redevelopment and considering an alternative parkland site was proposed.

“The board allows the appeal based upon an inadequate case in support of disposal of a park that has been part of the local landscape for over 60 years,” he added.
“The board orders the appeal against By-law 8/98-TT of the Town of Fort Frances is allowed and By-law 8/98-TT is hereby repealed.”
As previously reported, town council had voted back in December to pass Bylaw 8/98-TT and rezone property located between Minnie Avenue and Williams Avenue, sometimes referred to as the “Nelson Street Park,” from open space to Residential Type 2 (R2). The intention was to divide the property into four or five lots and sell them for residential development.
But local resident Eric Rude appealed the approval of Bylaw 8/98-TT to the OMB, and was granted a hearing before Sniezek on May 24, at which time Rude, backed by eight other presenters, and the town, representing by municipal planner Faye Flatt, argued either side of the case.
Sniezek officially made the aforementioned decision on June 28, with parties involved receiving copies of the decision earlier this week.