Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 07, 2021
CASE NO(S).: PL200206
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(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dee Hazell Subject: By-law No. 71-2020 Municipality: Prince Edward County LPAT Case No.: PL200206 LPAT File No.: PL200206 LPAT Case Name: Hazell v. Prince Edward (County)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dee Hazell Applicant: Clive & Susan Bennett Subject: Consent Property Address/Description: 27 Partridge Hollow Road Municipality: Prince Edward County Municipal File No.: B26-20 LPAT Case No.: PL200206 LPAT File No.: PL200207
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Dee Hazell Applicant: Clive & Susan Bennett Subject: Consent Property Address/Description: 27 Partridge Hollow Road Municipality: Prince Edward County Municipal File No.: B27-20 LPAT Case No.: PL200206 LPAT File No.: PL200208
Heard: March 3, 2021 in Picton, Ontario
APPEARANCES:
| Parties | Counsel |
|---|---|
| Dee Hazell | Self-represented |
| Prince Edward County | Jennifer Savini |
| Clive and Susan Bennett | Self-represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON MARCH 3, 2021 AND ORDER OF THE TRIBUNAL
1This was the hearing of appeals by Dee Hazell (“Appellant”) from the decisions of the Council of Prince Edward County (the “County”) to grant provisional Consent and approve a Zoning By-law Amendment (“ZBA”) for the property owned by Clive and Susan Bennett (“Applicant”) and known municipally as 27 Partridge Hollow Road (the “Subject Lands”).
2The Subject Lands comprise an area of approximately 13.5 hectares (“ha”) and have frontage along Partridge Hollow Road (363.5 meters (“m”)) and Loyalist Parkway (297.3 m). The property currently maintains a two-storey single-detached wood frame dwelling, an unoccupied barn and a garage. The surrounding area is characterized by rural, residential and agricultural land uses with varying lot areas.
3The Applicant is proposing to sever the Subject Lands to create two new lots, as follows:
Consent File B26-20: Proposed Severed Lot 1 has an area of approximately 0.8 ha with 75 m of frontage along Partridge Hollow Road;
Consent File B27-20: Proposed Severed Lot 2 has an area of approximately 0.8 ha with 121.5 m of frontage along Partridge Hollow Road and 43 m of frontage along Loyalist Parkway.
The Retained Parcel has an area of approximately 11.9 ha with 167 m of frontage along Partridge Hollow Road and 254 m of frontage along Loyalist Parkway.
4The Subject Lands are designated Rural on Schedule E – Land Use Designations in the OP and zoned Rural (RU1) Zone and Environmental Protection (EP) Zone by Zoning By-law No. 118-2006, as amended.
5The purpose and effect of the proposed ZBA (By-law No. 71-2020) is to change the zoning category of Severed Parcel 1 and Severed Parcel 2 from Rural 1 (RU1) Zone to Rural Residential 2 (RR2) to regularize the proposed residential use and resulting lot sizes. The retained lands will remain within the Rural (RU1) Zone, and the entirety of the Environmental Protection (EP) Zone will be maintained.