Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 14, 2021
CASE NO(S).: OLT-21-001129
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Quinton Jarvis
Applicant: Joseph and Mary Hoefnagels
Subject: Consent
Property Address/Description: 8 Ridge Street
Municipality: Municipality of Strathroy-Caradoc
Municipal File No.: B1-2021
OLT Case No.: OLT-21-001129
OLT File No.: OLT-21-001129
OLT Case Name: Jarvis v. Strathroy-Caradoc (Mun.)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Quinton Jarvis
Applicant: Joseph and Mary Hoefnagels
Subject: Minor Variance
Variance from By-law No.: 43-08
Property Address/Description: 8 Ridge Street
Municipality: Municipality of Strathroy-Caradoc
Municipal File No.: A4-2021
OLT Case No.: OLT-21-001129
OLT File No.: OLT-21-001130
Heard: December 6, 2021 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| John and Mary Hoefnagels ("Applicants") | Self-represented |
| Municipality of Strathroy-Caradoc County of Middlesex | Wayne Meagher* |
| Quinton Jarvis ("Appellant") | Did not appear |
MEMORANDUM OF ORAL DECISION DELIVERED BY WILLIAM R. MIDDLETON ON DECEMBER 6, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This proceeding was held by Video Hearing Conference ("VH") before the Ontario Land Tribunal ("Tribunal") on December 6, 2021.
2The proceeding concerns an appeal by Mr. Quinton Jarvis of a decision of the Municipality of Strathroy-Caradoc ("Strathroy") which is located in the County of Middlesex ("Middlesex"), in south-western Ontario. The Strathroy decision on May 6, 2021 was to grant the Applicants' application made on February 1, 2021 for a lot severance and minor variance ("Decision") at the Strathroy property known municipally as 8 Ridge Street ("Subject Site") owned by the Applicants. Mr. Jarvis lives next door to the Subject Site at 11 Ridge Street.
3The purpose of the severance on the Subject Site was to permit the creation of an additional lot upon which a new single-family dwelling could be built by the Applicants ("Severance"). The minor variance was to permit a rear lot setback of 5 metres ("m") rather than the 8 m required under the Strathroy Zoning By-law ("Variance").
4Despite proper notice of the VH having been served on all Parties, the Appellant did not appear at the VH nor make any written submissions regarding his appeal of the Decision. Anecdotally, the Applicant Mr. Hoefnagels testified that he had spoken to the Appellant who told him a few days before the VH that he no longer opposed the applications for the Severance and the Variance.
5In light of the Appellant's failure to appear, this alone would have been grounds for the Tribunal to dismiss his appeal. However, counsel for Strathroy and Middlesex submitted that he was able to tender evidence to support the Decision to grant the Severance and the Variance and the Tribunal agreed to receive it.
6Counsel for Strathroy and Middlesex called Timothy Williams, a registered professional planner and Middlesex employee to provide planning evidence. Mr. Williams has approximately 20 years experience as an urban planner, having graduated from the University of Waterloo with a Bachelor of Environmental Studies - Honours Urban and Rural Planning in 2001. He has worked as a planner with Middlesex since 2018 and was qualified to provide opinion evidence to the Tribunal on Land Use Planning matters.
7In summary, Mr. Williams testified that:
(a) The Subject Site is currently vacant with a total area of 1,441.5 m2 (0.3 ac) of residential land with 25.052 m2 (82 feet) of frontage along Metcalfe Street, a main street in Strathroy. An existing residential dwelling is currently present on the property and will be retained;
(b) Surrounding land uses near the Subject Site are predominately residential in nature. The lot to be created by the Severance has access to full municipal services;
(c) Strathroy is a fully serviced 'Settlement Area' as defined by the Provincial Policy Statement, 2020 ("PPS"). The Subject Site is within the 'Settlement Area' designation of the Middlesex Official Plan ("County OP") and the 'Residential' designation of the Strathroy Official Plan ("SC-OP"). It is further located within the 'Low Density Residential (R1) Zone' of the Strathroy- Caradoc Zoning By-law ("ZB");
(d) The Severance satisfies the provisions of sections 1, 2, 3 and subsections 51(24) and 53(12) of the Planning Act, R.S.O. 1990, c. P13 ("Act"); is consistent with the relevant policies of the PPS; conforms to all applicable provisions of both the SC-OP and the County OP; and meets the intent and purposes of the ZB. Moreover, it facilitates the appropriate creation of an additional residential building lot completely within the character of the surrounding neighbourhood. The new lot will in fact be approximately the same size as the Appellant's property next door on which the Appellant's dwelling is located;
(e) In terms of the Variance:
(i) The proposed reduction to the required rear yard for the retained lot from 8 m to 5.23 m is, in this case, considered minor in nature, as the Subject Site will continue to provide sufficient rear yard area to provide both amenity space and access to the rear and side yard for maintenance purposes;
(ii) The proposed reduction to the rear yard setback will facilitate the consent to sever to create a new building lot from the property. The retained lot is approximately 981 m² (10,559.4 ft.2) in size with a lot frontage of approximately 25 m (82 ft.) that is significantly greater than what the ZB requires;
(iii) The proposed reduced rear lot setback is not anticipated to have an effect on how the retained lands function as a residential property, nor how they conform to the general character of the area. The Applicants have demonstrated the ability of the retained and severed lots to provide sufficient amenity space on both properties. Therefore, the proposal is an appropriate use of the Subject Site;
(iv) It promotes intensification and efficiency promoted by section 1.1.3.3 of the PPS. The development standards in place ensures it meets the character of existing homes and prevents adverse impacts, as promoted in section 1.1.3.4 of the PPS;
(v) The 'Residential' designation of the SC-OP permits a range of housing types and densities, including low-density single detached dwellings and accessory structures. Low-density development on the Subject Site compliments and re-enforces the neighbourhood identity and residential character of Strathroy and will maintain the intent and purposes of the SC-OP;
(vi) The intent of a rear yard setback is to provide adequate separation between a dwelling and the adjacent properties, as well as to ensure both amenity space and access space for maintenance purposes is provided for. The dwelling located on the new lot to be retained will continue to be located the same distance from the existing adjacent dwelling to the west. The neighbouring lands are not anticipated to be impacted by the Variance; as this reduced setback is a side to rear yard condition and it will be to the new lot and future home therefore the intent of the ZB will be retained; and
(vii) Therefore, for the reasons described above, the application meets the four tests set out in the Act required in order to grant a minor variance
ORDER
8The Tribunal accepts and agrees with the unchallenged expert opinion evidence of Mr. William as outlined in paragraph [7] above and agrees that the Severance and the Variance satisfy the requirements under section 1, 2 and 3 of the Act; is consistent with the applicable provisions of the PPS; conforms to the requirements under the County OP and the Strathroy OP; and satisfies the four-part test contained in section 45 of the Act, being minor in nature, desirable for the development of the Subject Site and respecting principles of good planning.
9The Tribunal therefore dismisses the Appellant's appeal.
"William R. Middleton"
WILLIAM R. MIDDLETON 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.