Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 02, 2021
CASE NO(S).: PL210011
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Jean-Louis Amardeil
Subject: Application amend Zoning By-law No. 2016-088 - Refusal of Application by the Town of Bracebridge
Existing Zoning: Residential Type 1 (R1)
Proposed Zoning: Residential Type 4 Special - 38 (R4 -38)
Purpose: To permit the development of seven stacked row townhouses dwellings
Property Address/Description: Birch Street road allowance, North and South side Birch Street Lots 1-4
Municipality: Town of Bracebridge
Municipality File No.: D14-09/20
OLT Case No.: PL210011
OLT File No.: PL210011
OLT Case Name: Amardeil v. Bracebridge (Town)
Heard: June 28, 2021 via video conference
APPEARANCES:
| Parties | Counsel |
|---|---|
| Jean-Louis Armadeil and BAM Builder Advertising Marketing Inc. | Aaron Platt and Samantha Lampert |
| Town of Bracebridge | Harold G. Elston and C. Emmett (student-at-law) |
| David G. Royston | Self-represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY R.G.M. MAKUCH ON JUNE 28, 2021 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) respecting an appeal by Jean-Louis Armadeil against the decision by the Council of the Town of Bracebridge (“Town”) to refuse an application made by Alpine Ridge Developments Ltd. for a zoning by-law amendment (“ZBLA”) respecting the lands legally described as Lots 1-4, Plan 15 on the south side of Birch Street (“subject property”).
2Counsel for Mr. Armadeil advised the Tribunal that the subject property has, since the making of the application, been sold to BAM Builder Advertising Marketing Inc. (“BAM”), a company controlled by Mr. Armadeil. The Tribunal was also advised that the application has been revised following discussions with the Town and will be re-submitted in the near future.
3Counsel are not asking for a hearing date to be set but indicated that a further CMC later in the fall would be beneficial following review by Town Planning staff and Town Council of the new submission. There is a likely possibility that the revised application will undergo further public consultation including the holding of a public meeting.
4Party status was granted on consent to David G. Royston, a neighbour, who resides in the vicinity of the subject property. Mr. Royston had filed a request in writing prior to the CMC.
5Participant status was granted on consent to Anna and Scott Tippin and Alexander Pyper. They had filed requests in writing prior to the CMC.
6The next CMC will take place on Friday, November 5, 2021 commencing at 9 a.m. via telephone conference call.
7The parties are directed to submit a draft Procedural Order including an Issues List to the Tribunal one week before the scheduled CMC.
8Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
9Counsel for the Town advised that the Town has an interest in Tribunal-assisted mediation and it appears that Mr. Armadeil and BAM would also be interested in mediation given the revised proposal and their willingness to engage in discussions.
10I am not seized.
11There will not be any further notice.
“R.G.M. Makuch”
R.G.M. MAKUCH
VICE-CHAIR
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.