Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 12, 2021

CASE NO(S).: PL200409

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Eric Allen and Aliya Visram

Subject: Application amend Zoning By-law No. 2014-75 - Refusal of Application by Township of Georgian Bay

Existing Zoning: Shoreline Residential Island Type Two Exception Fifty-One

Proposed Zoning: Shoreline Residential Island Type Two Exception Fifty-Two

Purpose: To permit an expansion to an existing cabin and the construction of a new boat house and dock

Property Address/Description: 2 Island 3850

Municipality: Township of Georgian Bay

Municipality File No.: ZBL 18-28

OLT Case No.: PL200409

OLT File No.: PL200409

OLT Case Name: Allen v. Georgian Bay (Township)

Heard: June 11, 2021 by video hearing

APPEARANCES:

Parties Counsel

Township of Georgian Bay (“Township”) Peter Pickfield and Colin Leger

Eric Allen and Aliya Visram (“Applicant/Appellant”) Rebecca Hines and Patrick Harrington

Tim Bowman (“Party”) Kevin Thompson

Michael Wenban (“Party”) Kevin Thompson

MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JUNE 11, 2021 AND ORDER OF THE TRIBUNAL

1This was the second Case Management Conference (“CMC”) conducted in these appeals. The Applicant/Appellant has property located at 2 Island 3850 in the Township of Georgian Bay (“Subject Property”). The Applicant/Appellant is the only resident of this island and operates a cottage with a sleeping cabin, washroom, boathouse, a dock, a shed and a storage area.

2The Applicant/Appellant appeals under s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the “Act”) a decision by the Township to deny a proposed Zoning By-law Amendment (“ZBA”) which if approved will permit an expansion to the cottage, a new boathouse and new dock that does not meet the minimum island size requirements of the Zoning By-law.

UPDATE

3The counsel for the Applicant/Appellant and the Township informed that they are in dialogue to reach a settlement of the issues. It was affirmed by all the parties that they will continue to work together in this endeavor.

4The parties identified that one of the key hold backs was the ability of the opposing ecologists to coordinate a site visit due to Covid-19 conditions.

5In order to have proper addressing of this matter, all parties requested that a follow-up CMC be held as well as a five day hearing be set. The parties committed to providing the Tribunal with a final draft Procedural Order (“PO”) for its consideration by end of July 2021. The Tribunal has since received the updated draft PO.

6Having received the updates and the updated PO, the Tribunal directs as follows:

a. A third CMC is set for Thursday, October 14, 2021 to start at 10 a.m.. This CMC will be conducted via video.; and

b. A five day hearing is set to be carried under the direction of the PO issued with this decision as Attachment 1. The five day hearing will commence on Monday, December 13, 2021 at 10 a.m. and will be conducted by video.

TECHNICAL DETAILS CMC AND HEARING

CMC

Thursday, October 14, 2021 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/346480621 Access code: 346-480-621 Audio-only telephone line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 346-480-621

7Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.

8Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html

9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.

10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.

HEARING

Monday, December 13, 2021 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/729528229 Access code: 729-528-229 Audio-only line: (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 729-528-229

11There will be no further notice.

12This Member is not seized.

13This Member may be approached for case management purposes.

14The directions in this Decision are so ordered.

“Jatinder Bhullar”

JATINDER BHULLAR MEMBER

Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.