Town to review rooftop patio rules in light of OLT appeal
September 10, 2025 at 3:32 AM
A pending settlement regarding a Rebstock Road development has led Fort Erie’s mayor to request staff look at rooftop patio rules during its review of the town’s zoning bylaw.
Following an in-camera meeting in relation to an Ontario Land Tribunal (OLT) appeal for 0-15850 Rebstock Road, council returned to open session Monday night, passing a resolution to inform the tribunal they have directed legal counsel to reach a settlement and to convert a planned hearing for later this month into a settlement hearing.
In an emailed statement to Fort Erie Radio on Tuesday, the town clerk confirmed that the details of the settlement will remain confidential until an agreement is finalized.
Earlier this year, the town approved a draft plan of subdivision for the property, but not before councillors expressed frustration with perceived changes proposed by the owners, M5V Developments Inc., following intense negotiations that ended in a compromise accepted by the Ontario Land Tribunal.
An amendment from Ward 5 Councillor Tom Lewis called for “an additional condition that rooftop patios are not permitted as originally agreed to in the minutes of settlement.”
The March approval was for “nine blocks intended for 16 block townhouses, 74 back-to-back townhouse dwellings and a common elements condominium,” according to a staff report.
A proposed 90-townhouse subdivision on Rebstock Road marketed as ‘Niagara on the Beach.’ Credit: M5V Developments Inc.“As I understand it, currently our zoning bylaw permits rooftop patios,” said Mayor Wayne Redekop following Monday’s in-camera session.
“We’ve had a few instances in Fort Erie where this would have had some impact on surrounding residences. Are there any strategies that we as a council could adopt to deal with rooftop patios and whether they should be a permitted use or not?”
Director of Planning and Development Services Anamika Dilwaria said the town could pursue a two-step process to deal with the issue in the short and longer terms.
“We are going to be undertaking a review of the zoning bylaw and we may consider looking into that requirement of rooftop patios or balconies,” she said.
“And in the interim, when we receive an application we can review the application on its own merits and we can suggest to the applicant that if it’s going to have privacy concerns to eliminate that, even though the zoning bylaw approves that as of right now.”
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About The Author
Luke Edwards
Luke Edwards is a longtime Niagara community journalist who has covered a variety of beats, including business, agriculture, the wine industry and politics. When not writing, there's a good chance he can be found at a baseball diamond or curling rink.
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