Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 29, 2021
CASE NO(S).: PL190500
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 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 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Rick & Greta Holmes
Subject: Minor Variance
Variance from By-law No.: 1995-42
Property Address/Description: Part of Lot 27, Concession 8
Municipality: Havelock-Belmont-Methuen
Municipal File No.: A13-2019
LPAT Case No.: PL190500
LPAT File No.: PL190500
LPAT Case Name: Holmes v. Havelock-Belmont-Methuen (Township)
Heard: July 23, 2021 via video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Rick and Greta Holmes | Jason Schmidt |
| Township of Havelock-Belmont-Methuen | John Ewart |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON JULY 23, 2021 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a Case Management Conference (“CMC”) for a denial of a minor variance application by the Township of Havelock-Belmont-Methuen (“Township”) Committee of Adjustment under s. 45 (12) of the Planning Act.
2The purpose of the CMC was to give a status update to the Tribunal and to set a hearing of the merits.
3The Parties informed the Tribunal that ongoing settlement discussions have been occurring. Further direction is needed by the Township Council that is not sitting on its regular schedule over the summer months. As a result, the Parties have requested that a hearing of the merits be scheduled for 2-days in January 2022. Should the Parties reach a settlement agreement by that date they would request that it be converted into a settlement hearing.
4A two-day hearing of the merits has been scheduled to begin on Tuesday, January 18, 2022.
5Parties 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/412645781
Access code: 412-645-781
6Parties 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
7Persons 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. The access code is 412-645-781.
8Individuals 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.
9No further notice is required.
10The Member is not seized.
11So Orders the Tribunal.
“Steven Cooke”
STEVEN COOKE 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.