Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 29, 2021
CASE NO(S).:
PL190436
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Wayland Chau et al
Applicant:
Rania Boutros and Shérif Gendy
Subject:
Minor Variance
Variance from By-law No.:
2014-014
Property Address/Description:
1201 Stirling Drive
Municipality:
Town of Oakville
Municipal File No.:
A/098/2018
LPAT Case No.:
PL190436
LPAT File No.:
PL190436
LPAT Case Name:
Chau v. Oakville (City)
APPEARANCES:
Parties
Counsel*/Representative
Annabelle Lyn Labenski, Self-represented
Richard Labenski (not attending)
and Wayland Chau (not attending)
Rania Boutros and Self-represented
Shérif Gendy (not attending)
Town of Oakville Dennis Perlin*
PROCEEDING COMMENCED UNDER section 35 of the Local Planning Appeal Tribunal Act, 2017, S.O. 2017, c. 23, Sched. 1 and continued under section 23 of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6, and Rules 24 and 25 of the Tribunal’s Rules of Practice and Procedure
MARIE HUBBARD
Thursday, the 29th
CHAIR
day of July, 2021
THIS MATTER having been decided by the Tribunal in its Decision and Order, dated February 25, 2020, (“Original Decision”) allowed the appeal in part by approving the application of Rania Boutros and Shérif Gendy (the “Applicants”) for variances from Zoning By-law No. 2014-014 subject to three conditions set out in Attachment 1;
WHEREAS THE TRIBUNAL received a request by the parties, on consent, to amend the Original Decision by replacing Attachment 1 of the decision with a New Revised Site Plan and Elevation Drawings, and to amend the related conditions to reflect the substituted attachment;
AND WHEREAS THE TRIBUNAL is faced with the unusual circumstance that the presiding member seized to the matter has resigned from the Tribunal. Accordingly, in this circumstance, the Tribunal is satisfied that it may initiate a Request for Review of the Original on its own accord pursuant to Rule 25.11 and Rule 24.5 which authorizes the Tribunal to vary a decision and order;
AND WHEREAS THE TRIBUNAL has reviewed the correspondence dated August 25, 2020 to July 6, 2021, the Original Decision, the New Revised Site Plan and Elevation Drawings, and the affidavit of Brandon Hussan in support of the parties’ agreement to substitute Attachment 1 to the Original Decision and is satisfied that the Original Decision may be varied pursuant to the authority in Rule 25;
ACCORDINGLY, THE TRIBUNAL HEREBY ORDERS that:
Attachment 1 to the Original Decision will be substituted with the New Revised Site Plan and Elevation Drawings attached as Attachment 1 to this Order.
The related conditions be correspondingly amended such that the three variances sought by the Applicants be authorized in general accordance with the New Revised Site Plan and Elevation Drawings, appended as Attachment 1 to this Amending Order.
The Original Decision remains in force and effect in all other respects.
All of which are ordered pursuant to our authority under section 35 of the Local Planning Appeal Tribunal Act, 2017 and continued under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure.
AND The Tribunal may be spoken to should any matters arise respecting the implementation of this Order.
“Becky Fong”
BECKY FONG REGISTRAR
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.