Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 04, 2021
CASE NO(S).: PL190500
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Rick & Greta Holmes
Subject: Minor Variance
Variance from By-law No.: 1995-42
Property Address/Description: Part of Lot 27, Concession 8
Municipality: Havelock-Belmont-Me
Municipal File No.: A13-2019
LPAT Case No.: PL190500
LPAT File No.: PL190500
LPAT Case Name: Holmes v. Havelock-Belmont-Methuen (Township)
Heard: May 28, 2021 by telephone conference call
APPEARANCES:
Parties
Rick Holmes and Greta Holmes
Counsel
Jason Schmidt
Parties
Township of Havelock-Belmont-Methuen
Counsel
John Ewart
MEMORANDUM OF ORAL DECISION DELIVERED BY MARGOT BALLAGH ON MAY 28, 2021 AND ORDER OF THE TRIBUNAL
1The purpose of this Telephone Conference Call (“TCC”) was to obtain an update on the status of the Appeal by Rick Holmes and Greta Holmes of the decision of the Committee of Adjustment of the Township of Havelock-Belmont-Methuen to refuse their Application for a minor variance from the Township’s Comprehensive Zoning By-law in relation to their property at 810 Island 26 Jack Lake, Part Lot 27, Concession 8, Methuen Ward.
2A previous hearing date scheduled for February 20, 2020 was converted to a Case Management Conference (“CMC”) at the request of the parties who were engaged in settlement discussions. A status hearing scheduled for September 10, 2020 was similarly adjourned.
3At the current status hearing, Counsel for the Township, John Ewart, told the Tribunal that settlement discussions have been ongoing but not as productive as hoped due to extenuating circumstances at the Township planning department. In his view, the scheduling of a CMC in July 2021 would facilitate a proper review of the file and increase the prospects of settlement.
4Jason Schmidt, Counsel for the Holmes who were also in attendance, concurred with Mr. Ewart in requesting a CMC in July 2021.
5The Tribunal ordered that a CMC is scheduled for Friday, July 23, 2021 at 10 a.m. by Video Hearing to schedule a date for the hearing on the merits and to address any procedural issues in preparation for the hearing. In the event settlement is reached, the parties, on consent, may request in advance of the CMC to have the CMC converted to a Settlement Hearing.
6Parties 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:
https://global.gotomeeting.com/join/677140221
Access code: 677-140-221
7Parties 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
8Persons 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: (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 677-140-221.
9Individuals 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.
10There will be no further notice.
11The Member is not seized.
12This is the Order of the Tribunal.
“Margot Ballagh”
MARGOT BALLAGH
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.