An Oliver Crescent property owner is likely to take the town to the OMB over a decision made by council on Monday.
Collingwood Council passed a zoning bylaw amendment on Monday that will prohibit building on several Oliver Crescent properties.
Council approved re-zoning the properties on the crescent, – a street that is located next to the Pretty River spillway – from residential to environmental protection.
"Only those buildings and structures required for purposes of flood control or as accessory uses to public recreation shall be permitted on lands designated as Environmental Protection. The lands subject to this by-law are vacant, and as such, are to be rezoned from a residential zone to an environmental protection zone in conformity with the Town’s Official Plan. Therefore, no new dwelling units will be permitted to be constructed on these vacant lots," read the staff report.
Gord Russell, director of planning, said the properties are open to flooding and makes it "very hazardous," to build homes on them.
Sylvia Fromstein, who represents Donaldo Travolo and Suzanne Kellow, owners of one of the properties said they are likely to appeal the decision.
"This is just the beginning," Fromstein said. "We’re going to take this all the way."
Fromstein said she just learned of the amendment on April 13 and said the owners of the property have received permission over the last 25 years and felt they could build a home on their property.
Counc. Dave Labelle voted against the motion, saying he didn’t see any reason why a home couldn’t be built.
"I think they’ve got a case," he said.
The final vote was 5-2.