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Tribunal schedules second Case Management Conference for remaining appeals of Guelph's Comprehensive Zoning By-law.
The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.
The Tribunal received status updates indicating that several site-specific appeals had been resolved, while constructive discussions continued on the remaining city-wide and site-specific appeals.
On consent of the parties, the Tribunal scheduled a second multi-day Case Management Conference for March 2026 to further organize the proceedings and establish a Procedural Order for any unresolved issues.
Tribunal holds overlapping zoning appeal issue in abeyance pending outcome of related minor variance decision.
The appellant requested a hearing date for its appeal of the City of Guelph's Comprehensive Zoning By-law regarding parking requirements.
The City opposed, arguing that one of the issues was already litigated in a recent minor variance appeal and scheduling it would constitute issue estoppel.
The Tribunal directed that the overlapping issue be held in abeyance pending the minor variance decision, and scheduled a written settlement hearing for the remaining agreed-upon issues.
Minor variances for reduced agricultural setbacks authorized to permit residential dwelling on non-arable land.
The applicants appealed a Committee of Adjustment decision refusing minor variances to permit the construction of a residential dwelling with reduced Minimum Distance Separation (MDS) setbacks from neighbouring livestock facilities.
The subject property is zoned Agricultural but is unsuitable for farming due to its topography.
The Tribunal accepted uncontroverted expert planning evidence that the variances met the four-part test under the Planning Act, noting that the applicants and neighbours are Old Order Mennonites accustomed to farming odours.
The appeal was allowed in part, and the variances were authorized subject to conditions requiring a development agreement with an odour warning clause and written acknowledgements from neighbouring farm owners.
Tribunal partially approves City of Guelph's Comprehensive Zoning By-law, scoping remaining appeals to specific provisions and sites.
The Ontario Land Tribunal issued an order regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.
Following a motion hearing, the Tribunal ordered that the Zoning By-law is deemed to come into full force and effect as of April 18, 2023, save and except for specific regulations, maps, and appendices remaining under appeal on a City-wide basis, and the entirety of the by-law as it applies to specific properties remaining under site-specific appeals.
The order also scoped the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to specific geographical areas.
Tribunal consolidates zoning and parking by-law appeals and schedules settlement hearing and future CMC.
This was a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law, related Official Plan updates, and residential parking requirements.
On consent of the parties, the Tribunal consolidated the Parking By-law Appeal with the Comprehensive Zoning By-law and Official Plan Amendment appeals.
The Tribunal also scheduled a settlement hearing for April 23, 2024, to address settlements reached with several appellants, and a third Case Management Conference for June 25, 2024.
Tribunal grants motion to partially approve zoning by-law and scope appeals to specific properties.
The City of Guelph brought a motion for directions seeking partial approval of its new Comprehensive Zoning By-law, save and except for certain sections under appeal.
The City also sought to scope the appeals of Industrial Equities Guelph Corporation and Paisley & Whitelaw Inc. to site-specific or area-specific appeals.
The Tribunal granted the motion, finding that the notices of appeal for both respondents only provided reasons related to specific properties and did not justify city-wide appeals.
The Tribunal deemed the unappealed portions of the By-law to be in full force and effect and ordered the respondents to scope their appeals accordingly.
Minor variance for reduced Minimum Distance Separation setback granted based on revised calculations of active livestock facilities.
The appellant appealed the Township's Committee of Adjustment decision denying a minor variance application to reduce the Minimum Distance Separation (MDS 1) setback from 565 metres to 200 metres for a proposed residential dwelling on a severed lot.
Based on new evidence regarding the adjacent property's farming operations, the Tribunal found that only one barn was capable of housing livestock, requiring a revised MDS 1 relief of 485 metres.
The Tribunal preferred the appellant's expert planning evidence, finding the revised variance met the four tests under the Planning Act, and allowed the appeal in part.
Party status granted and future hearings scheduled in appeals of Guelph's Comprehensive Zoning By-law.
This was the first Case Management Conference regarding multiple appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.
The Tribunal granted party status to 2793031 Ontario Inc. on consent.
The parties advised that discussions were ongoing to scope the issues and potentially bring parts of the by-law into force.
The Tribunal scheduled a scoping motion and a second Case Management Conference, and directed the submission of a draft Procedural Order and Issues List.
