Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 07, 2021
CASE NO(S).: PL210281
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Brotto Investments Inc.
Subject: Application to amend Zoning By-law No. 1-2014 – Refusal of Application by the Town of Kingsville
Existing Zoning: Residential Zone 1 Urban, R1.1
Proposed Zoning: Site Specific Residential Zone 4 Urban R4.1-6
Purpose: To permit the development of a 22 unit, 3 storey apartment building
Property Address/Description: 183 Main St E
Municipality: Town of Kingsville
Municipality File No.: ZBA/18/19
OLT Case No.: PL210281
OLT File No.: PL210281
OLT Case Name: Brotto Investments Inc. v. Kingsville (Town)
Heard: September 2, 2021 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Brotto Investments Inc. (“Applicant”) | A. Baroudi |
| Town of Kingsville (“Town”) | J. Wiesenthal |
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON SEPTEMBER 2, 2021 AND ORDER OF THE TRIBUNAL
1The Tribunal held a Case Management Conference (“CMC”) with regard to an appeal of a Zoning By-law Amendment (“ZBA”) application for the lands known municipally as 183 Main Street East (“Subject Lands”).
2At the CMC the Tribunal dealt with all the matters directed by Rule 19 from the Tribunal’s Rules of Practice and Procedure (“Rules”), including a request for participant status, heard an update on other related appeals, set a date for a second CMC for Thursday, October 28, 2021 by VH, and provided directions for the preparation of a draft Procedural Order and Issues List (“PO”), and for the participant to provide her participant statement, all for the reasons set out below.
DECISION
3The Subject Lands are improved with a detached dwelling unit which the Applicant had proposed to demolish and which the Town seeks to designate under the Ontario Heritage Act. While the Notice of Intent to Designate has been appealed (there is a separate Conservation Review Board file) it appears that the Applicant and the Town may be coming to agreement with regard to that matter.
4The Tribunal canvassed for requests for party status and being none, then canvassed for requests for participant status at which time Anne Marie Lemire made her request. Although she had not filed a Participant Request Form 10 days prior to the hearing, she believed from the wording of the Tribunal notice that she could make her request at the CMC. She advised the Tribunal that she lived directly west of the Subject Lands in a heritage property and she would be directly affected by the proposed development. Neither counsel had objection to her request for participant status and the Tribunal granted same for this ZBA appeal, subject to the filing of a written participant statement with the Tribunal on or before Friday, September 10, 2021.
5Rather than demolishing the detached dwelling, the Applicant has changed its plans and has filed (in addition to the ZBA application), a consent application to sever off the detached dwelling (that is the subject of the heritage appeal), and also filed a site plan application for the construction of a 3 storey apartment building.
6Both the consent application and the site plan application have been appealed to the Tribunal. The consent application has arrived and is file OLT-21-001154, but the site plan appeal has not yet been received by the Tribunal. (The Tribunal requested the assistance of the Town in either confirming that the site plan appeal package has been sent to the Tribunal or expediting the preparation and forwarding of the site plan appeal package.)
7Pending the anticipated resolution of the heritage matter, the Applicant’s request is that the three matters (ZBA, consent, and site plan) not be consolidated, but as Rule 16 provides, heard at the same time as they all relate to the same matter, with which the Town concurs.
8To that end, a PO and Issues List is to be prepared for all three matters and counsel for the Town requested four weeks in order for the Town to retain witnesses and prepare issues.
9As there is no draft PO and Issues List before the Tribunal and notice is required for both the consent appeal and the site plan appeal in order that they be heard together with the ZBA appeal, the Tribunal set a second CMC for Thursday, October 28, 2021 commencing at 10 a.m. by VH for all three matters.
10Parties 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/413657381
Access code: 413-657-381
11Parties 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
12Persons 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 413-657-381.
13Individuals 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.
14The Tribunal also provided directions with regard to the preparation of the draft PO and Issues List on the basis of the three matters being heard together.
15The draft PO will include: mandatory meetings of all like experts and the preparation of agreed statements of fact, the submission of a draft Hearing Plan 65 days in advance of the hearing, and the provision of all materials to the Tribunal in both electronic and hard copy formats.
16The Tribunal tasked counsel for the Applicant to prepare the Draft PO and Issues List.
17The Tribunal directed that the Town provide its issues to counsel for the Applicant on or before Thursday, October 14, 2021, and counsel for the Applicant on the consent of the Town will provide the completed draft PO and Issues List to the Tribunal’s Case Coordinator on or before Thursday, October 21, 2021.
18There will be no further notice with regard to this ZBA appeal.
19I am not seized.
20Scheduling permitting, I may be available for case management purposes.
21This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.