Danniel & Laura Binnie v. City of Kawartha Lakes, 2021 CanLII 54231

ISSUE DATE: June 16, 2021

CASE NO(S).: PL170374

The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.

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

Applicant and Appellant: Danniel & Laura Binnie

Subject: Application amend Zoning By-law No. 2005-133 - Refusal of Application by City of Kawartha Lakes

Existing Zoning: Oak Ridges Moraine Core Area (ORMCA) Zone

Proposed Zoning: Oak Ridges Moraine Core Area Exception** (ORMCA-**) Zone

Purpose: To permit a single detached dwelling

Property Address/Description: Vacant Land on Gray Road

Municipality: City of Kawartha Lakes

Municipality File No.: D06-17-003

LPAT Case No.: PL170374

LPAT File No.: PL170374

LPAT Case Name: Binnie v. Kawartha Lakes (City)

APPEARANCES:

Parties

Counsel

City of Kawartha Lakes (“City”)

Robyn Carlson (attended by telephone)

Danniel and Laura Binnie (“Applicants”)

Kyle Gossen

AMENDING DECISION OF THE TRIBUNAL DELIVERED BY M. ARPINO

1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on May 17, 2021 is hereby amended.

2By deleting paragraph [2] from the Decision:

2The Applicants own the vacant land on Gray Road (the “Property”) in the City of Kawartha Lakes (the “City”). The Property is partially within the Oak Ridges Moraine and is subject to the Policies in the Oak Ridges Moraine Conservation Plan (“ORMCP”). The remainder of the Property is zoned A1 (Rural). The Property does not front upon an opened road allowance.

3And replacing it with the following:

2The Applicants own the vacant land on Gray Road (the “Property”) in the City of Kawartha Lakes (the “City”). The Property is partially within the Oak Ridges Moraine and is subject to the Policies in the Oak Ridges Moraine Conservation Plan (“ORMCP”). The remainder of the Property is zoned A1 (Rural). According to the City, the Property does not front upon an opened road allowance. The Appellant disputes this

4In all other respects the Tribunal’s Decision remains the same.

“M. Arpino”

M. ARPINO

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.