Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 19, 2021
CASE NO(S).:
PL200647
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:
Travis Crawford et al
Subject:
By-law No. 2020-142
Municipality:
Municipality of Kincardine
LPAT Case No.:
PL200647
LPAT File No.:
PL200647
LPAT Case Name:
Crawford v. Kincardine (Municipality)
Heard:
May 13, 2021 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
Travis Crawford et al
Self-represented
Municipality of Kincardine
Tammy Grove McClement*
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal (the “Tribunal”), was with respect to the appeals of the Appellant regarding the Council for the Municipality of Kincardine passing Zoning By-law No. 2020-142 on November 9, 2020. The Amendment would amend the Zoning By-law No. 2003-25 for the subject property from a Residential One -R1 zone to a residential Three – R3, with special provisions. The provisions would reduce the rear yard setbacks and exterior side yard setbacks. The (H) Holding symbol would be removed after the granting of a Site Plan control approval.
2The purpose of the Case Management Conference was to receive status updates from both parties to organize the hearing of these appeals.
3Counsel for the Municipality informed the Tribunal that they oppose the request of Amanda Steinoff as a Co-Appellant of this Appeal. Counsel relied and informed the Tribunal that within s. 34(19) of the Planning Act it states:
“Not later than 20 days after the day that the giving of notice as required by subsection (18) is completed, any of the following may appeal to the Tribunal by filing with the clerk of the municipality a notice of appeal setting out the objection to the by-law and the reasons in support of the objection, accompanied by the fee charged under the Local Planning Appeal Tribunal Act, 2017:
The applicant.
A person or public body who, before the by-law was passed, made oral submissions at a public meeting or written submissions to the council.
The Minister. “
4Counsel for the Municipality further informed the Tribunal:
On review of this file and the documentation in the application proceeding, there is no evidence that Ms. Steinhoff made oral submissions at the public meeting or made written submissions to council before the bylaw was passed, as required by subsection 34(19). Additionally, it is submitted that Ms. Steinhoff does not have a direct interest in the proposed development. She does not live near the proposed development in Kincardine and in fact does not live in Kincardine. There does not appear to be any issue that cannot be properly addressed through Mr. Crawford, the appellant, who filed this appeal.
5Upon review of this information, the Tribunal agrees with the submissions of the Council for the Municipality and denies Co Appellant status to Amanda Steinoff.
6Ms. Steinoff then requested Participant status. Upon a canvas of the Parties by the Tribunal, there was no opposition to grant Ms. Steinoff Participant status. The Tribunal granted Participant status to Ms. Steinoff.
7The Tribunal was informed that a Procedural Order (“PO”), including a detailed Issues List, was being drafted and the draft was subsequently forwarded to the Tribunal, and is now reviewed and approved. The Tribunal notes that the PO, delivered on consent of the parties, includes 5019386 Ontario Inc. (the “Applicant”) as a party to this appeal. The Applicant has a direct interest in this matter and may assist in a more efficient hearing, on the merits. Therefore, the Tribunal grants the Applicant party status. The parties foresee a hearing of up to three (3) days.
8The Tribunal hereby schedules a Video Conference Hearing of these appeals on Tuesday, October 12, 2021, commencing at 10 a.m. Three (3) days has been set aside.
9Parties 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/336529989
Access code: 336-529-989
10Parties 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
11Persons 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) 497-9391 or Toll Free 1-888-455-1389. The access code is 336-529-989.
12Individuals 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.
13This proceeding will be governed by Attachment 1 hereto
14No further notice will be given
15The Member is not seized.
16So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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.