Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 08, 2021

CASE NO(S).: PL200641

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Dean Grein & Becky Kaufman

Subject: Consent

Property Address/Description: 281320 Normanby-Bentinck Townline

Municipality: Municipality of West Grey

Municipal File No.: B08/2020

OLT Case No.: PL200641

OLT File No.: PL200641

OLT Case Name: Grein v. West Grey (Municipality)

Heard: April 15, 2021 and November 12, 2021 by video hearing

APPEARANCES:

Parties

Counsel/Representative*

Dean Grein and Becky Kaufman

Glen David

Municipality of West Grey

Erroll Treslan*

DECISION DELIVERED BY JATINDER BHULLAR AND ORDER OF THE TRIBUNAL

PREAMBLE

1This decision was previously issued by the Tribunal on October 8, 2021. The Tribunal allowed the appeal in part and provided provisional consent. The parties requested no conditions in the event that the Tribunal allowed the appeal in part and gave provisional consent in this appeal.

2In later communication, Municipality of West Grey (the “Municipality”); and Dean Grein and Becky Kaufman (the “Applicant/Appellant”) requested consideration of conditions to be attached to the Tribunal’s granting of the provisional consent.

3The Tribunal accommodated the parties request by reopening the matter, and a Case Management Conference (“CMC”) was held on November 12^th, 2021. The conditions considered and approved by the Tribunal are as follows and attached to this replacement decision.

a. Conditions imposed must be met within one year of the date of the Tribunal’s Order, allowing the Appeals, as required by Subsection 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of the Certificate of Official issuance. The deed must be registered within two years of the issuance of the Certificate of Official.

b. Payment of the entrance permit application fee in the amount of $600 ($200 fee and $400 refundable deposit) for approval of an entrance permit;

c. Payment of the parkland dedication fee in the amount of $500.00 and the Payment of any outstanding municipal taxes; and

d. A letter of comfort from an appropriate expert as to the feasibility of the following;

i. Provision of an acceptable septic system can be supported on the site; and

ii. Provision of an acceptable well stating that private services can be supported on the site.

4In all other respects with respect to the granting of provisional consent by the Tribunal, the decision is unchanged.

INTRODUCTION

5This was a hearing for a consent application. The Applicant/Appellant have appealed the decision of the Committee of Adjustment (“COA”) for the Municipality, which denied the application.

6The subject property is located near the southwest corner of the Normanby-Bentinck Townline and 10^th Sideroad and is municipally known as 281320 Normanby- Bentinck Townline. The subject lands currently contain a single detached dwelling unit with identified hazard lands in the form of a managed forest on the subject lands. The surrounding land uses in the area are predominantly agricultural with portions of hazard lands and residential lots of record. Historic access has been provided to an adjacent property over the subject lands. The legality of this access has not been determined.

7The site is currently comprised of approximately 29 hectares (“ha”) (72 acres) with approximately 562 metres (1844 feet) of frontage along the Normanby-Bentinck Townline. The purpose of the application is to sever a rural lot at the north-east corner of the existing lot that the Applicant owns. The severed parcel is proposed to be approximately 3.6 ha in size and the retained parcel is proposed to be approximately 25.6 ha in size.

PARTIES AND PARTICIPANTS

8The Applicant/Appellant and the Municipality were the only two parties. The Tribunal received no requests seeking participant status.

EVIDENCE AND ANALYSIS

9The Municipality presented Lorelie Spencer as a Professional Land Use Planner.

10The Applicant/Appellant was assisted by a neighbour Glen David