Notice of Refusal of ZBA No. 362 and Deeming By-law DB-02-25 at 107 Robson Rd and 6 Donald Ave

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Leamington Council held a public meeting on March 24, 2026, for consideration of Zoning By-law Amendment (ZBA) No. 362 and Deeming By-law DB-02-25. Both applications were refused by Council.

The purpose and effect of the Deeming By-law was to deem 6 Donald Avenue and 107 Robson Road to no longer be part of their associated plan of subdivision to facilitate them merging as a result of common ownership.

The purpose and effect of ZBA No. 362 was to rezone 107 Robson Road and 6 Donald Avenue from a Residential Zone (R1) and a Residential Zone (R5-3) Zone to a Residential Zone (R6-5). This zone would have the effect of establishing the following site-specific permissions:

  • Set the front lot line to be Robson Road
  • Reduce the minimum front yard to 5 metres
  • Reduce the minimum exterior side yard (East) abutting Cherry Lane to 5 metres
  • Increase the maximum building height to 50 metres
  • Establish the maximum density as 115 units per gross hectare

A description and location of the lands to which the By-law would have applied is attached.

And take further notice that with respect to the ZBA, this decision is subject to appeal to the Ontario Land Tribunal e-file service or with the Planning Services office directly, before 4:30 PM on April 20, 2026. A summary of the appeal procedure is enclosed.

Where no appeal, if within such 20 days, no notice of appeal is given, the decision of Council is final and binding, and the municipal clerk shall notify the applicant and shall file a certified copy of the decision with the clerk of the municipality.

Explanatory Note:

The purpose and effect of By-law No. 25-26 is to rezone 107 Robson Road and 6 Donald Avenue from Residential Zone (R5-3) and Residential Zone (R1) to Residential Zone (R6-5).

The purpose and effect of By-law No. 26-26 is to deem Lot 22 and Part Lot 23 designated as Part 9 12R1526 within registered plan M-4, to no longer be lots on a registered plan of subdivision M-4 for the purposes of subsection 50(3) of the Planning Act.

Written public comments opposing ZBA No. 362 were received at the Public Meeting. Concerns expressed included: traffic impacts from the development, height of the structure, shadowing of the adjacent residential areas, fire safety concerns of the ability of the municipality to respond to fire emergencies, setting a maximum height in the waterfront area, reduced setbacks from structure to the abutting streets, site design and layout, community character, parking, snow storage, and bird migratory paths.

Council considered the Planning Report from Administration, and all written and verbal comments presented at the public meeting. Council refused the application for the following reasons:

  1. The height of the proposed building
  2. Shadowing from the proposed building
  3. The setbacks from Robson Road and Cherry Lane
  4. Traffic impacts from the development due to the entrance off of Donald Avenue.

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