An August 12 Decision by the Ontario Land Tribunal hotel at 256 Dalhousie has ordered that the Salmoni residents’ appeal is dismissed.

[107] In order to address the possibility of noise and disturbance from a rooftop
restaurant/bar the Tribunal includes, that the approval of the draft Zoning By-law
Amendment shall accommodate the addition of text which will require that the rooftop of
the building be an enclosed space as depicted in the architectural drawings submitted in
evidence and that the use shall not be a restaurant/bar within that space. Further, that
any commercial/restaurant space use on the ground level shall be an enclosed space.

[108] On the weight of the evidence heard by the Tribunal, its assessment of same as
detailed in the reasons above and the submissions of counsel, and having weighed
submissions of residents, the Tribunal finds that the proposed ZBA which will allow the
relief sought by the Applicant is consistent with the PPS as well as the County OP and
the Town OP, and applicable guidelines, and thus represents good planning in the public interest.