Ontario Land Tribunal
Tribunal ontarien de l'aménagement du territoire
ISSUE DATE: November 16, 2022
CASE NO(S).: OLT-22-004234
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Liza Overs
Applicant: 2472537 Ontario Inc.
Subject: Zoning By-law Amendment
Description: To permit the conversion of the principal building on the property from a Hunt Camp to a Seasonal Dwelling
Reference Number: D14-14/21
Property Address: 1101 West Buck Lake Road
Municipality: Town of Bracebridge
OLT Case No.: OLT-22-004234
OLT Lead Case No.: OLT-22-004234
OLT Case Name: Overs v. Bracebridge (Town)
Heard: November 14, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Liza Overs ("Appellant")
David Chernos
Bryan McLeese
2472537 Ontario Inc. ("Applicant")
Paul Le Vay
Dan Goudge
Town of Bracebridge ("Town")
Harold Elston
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC. S. CROWE ON NOVEMBER 14, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference ("CMC") on an appeal filed by the Appellant against the Town Council decision, in relation to passing a Zoning By-law Amendment ("ZBLA") No. 2022-048 application concerning 1101 West Buck Lake Road ("Subject Lands").
2The purpose and effect of the ZBLA application is to rezone from the present zone of Environmental Protection Wetland One (EPW1) in part to Rural (RU) in part and Shoreline Type 1 Special – 83 (SR1-83) in part and to change part of the Subject Lands to permit the conversion of the principal building on the property from a hunt camp to a seasonal dwelling.
3The planning report recommended approval of the ZBLA application. The Town Council made the decision to pass the application on June 29, 2022.
4The Notice of Affidavit was marked as Exhibit 1.
HEARING
5Prior to the hearing, the Tribunal canvassed those in attendance whether there were any Party or Participant status requests, the Tribunal confirmed no requests.
6Bryan McLeese, counsel for the Appellant, provided background of the application. Mr. McLeese stated the appeal is based on the Subject Lands that are currently being used as a commercial hunt camp, which is not permitted within the SR1-83 zone or the RU zone and therefore, does not conform to the Town's Official Plan. Mr. McLeese advised he anticipates calling two witnesses and requested a two-day hearing.
7Paul Le Vay, counsel for the Applicant, advised the Parties had spoken last week and agreed a two-day hearing would be appropriate. Mr. Le Vay identified four main issues and would await the planning evidence from the Appellant to determine if a motion (s. 34(11) of the Planning Act) would be required to exclude two issues (not related to land use planning) concerning the application. He confirmed a finalized draft Procedural Order and Issues List two weeks before the hearing date would allow such time to resolve any outstanding matters.
8Harold Elston, counsel for the Town, advised the Town is present to support the passed ZBLA application and agreed with the two day hearing, the draft Procedural Order and timelines as suggested.
9The intent of the Parties is to set a two-day hearing at the next available date. As noted above, according to the Parties, this proposed timeframe will allow for a draft Procedural Order and Issues List.
MEDIATION
10The Tribunal advised the Parties of the opportunity for Tribunal-led mediation if requested.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
11The Tribunal directs a draft Procedural Order and Issues List on consent to be submitted to the Case Coordinator on or before Wednesday, February 9, 2023 (two weeks before the hearing).
HEARING DATES
12The Tribunal directs that a two-day hearing will be held by video commencing on Thursday, February 23, 2023, at 10 a.m. as follows:
https://global.gotomeeting.com/join/914098901
Access Code: 914-098-901
13Parties 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.
14Parties 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.
15Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
16Individuals 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 video hearing 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.
17No further notice will be given.
18The Tribunal Member is not seized but may be spoken to for case management purposes subject to the availability of the Tribunal's calendar.
19The directions in this Decision are so ordered.
"Eric S. Crowe"
ERIC S. CROWE
MEMBER
Ontario Land Tribunal
Website: www.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.