Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 02, 2022
CASE NO(S).: OLT-22-004062
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Frank Renz
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: 2021-069-ZB
Property Address: 3341 3/4 Sideroad Sunnidale
Municipality/UT: Clearview/Simcoe
OLT Case No: OLT-22-004062
OLT Lead Case No:: OLT-22-004062
OLT Case Name: Renz v. Clearview (Township)
Heard: November 29, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Frank Renz (“Applicant/Appellant”) | Giouzelin Mutlu |
| Township of Clearview (“Township”) | Harold Elston |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON NOVEMBER 29, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) on an appeal filed by Frank Renz (“Applicant/Appellant”) against the Township of Clearview (“Township”) regarding Council’s refusal to make a decision for a Zoning By-law Amendment (“ZBLA”) application concerning 3341 3/4 Sideroad Sunnidale (“Subject Lands”).
2The purpose and effect of the ZBLA application is to amend Zoning By-law No. 06-54, as amended, by rezoning a portion of the Subject Lands from “Environmental Protection” (EP) to “Rural” (RU). The application will result in the expansion of the Subject Lands Rural (RU) Zone limits, increasing the size of a potential building envelope on the Subject Lands
3The Notice of Affidavit was marked as Exhibit 1.
PARTY STATUS REQUEST
4During the start of the hearing, there was one request for Party Status received from David and Joyce Johnson. Dwayne Johnson, son of Mr. and Mrs. Johnson advised the Tribunal that his parents have the adjoining property from the Subject Lands and were only interested in observing the hearing. Mr. Johnson advised they will not be calling any witnesses and thought the only way to observe the hearing was to file a Party Status request. The Tribunal explained the Role of a Party and Participant and the ten-day rule for submissions. Mr. Johnson advised they have no issues therefore, would not need to file a Participant request at this time.
5Both Parties agreed if the Johnson’s had no issues, wishing only to observe the hearing they could be added as an observer to the hearing.
6The Tribunal agrees with the Parties and denies the Party Status Request and notes since the Johnson’s only interest at this time is to observe the hearings and a Participant Request is not required. The Tribunal will ensure the Johnson’s are added to the notification list for the next hearing dates.
HEARING
7Giouzelin Mutlu, Counsel for the Applicant/Appellant, provided background of the application. She advised there have been continued discussions with the Township surrounding the Environment and Flood Plain. Ms. Mutlu proposed a second CMC to provide more time for discussions and possible resolution.
8Harold Elston, Counsel for the Township agreed with Ms. Mutlu and advised Nottawasaga Valley Conservation Authority (“NVCA”) has jurisdiction therefore, discussions involve NVCA since the proposal involves rezoning from Environment to Rural and all Parties want to ensure the right controls are in place.
9Both Parties agreed a second CMC would facilitate further discussions with the possibility of resolution. A second CMC preferably in late April to the end of May 2023 is requested.
MEDIATION
10The Tribunal also informed the Parties of Tribunal-led mediation. The Tribunal advised both Parties that there is an opportunity for the Tribunal to arrange Tribunal-led-mediation if required.
HEARING DATES
1The Tribunal directs that a second CMC will be held by video hearing commencing on Tuesday, May 2, 2023, at 10 a.m.
2Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
3Parties 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 at: https://app.gotomeeting.com/home.html
4Persons 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. +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889. The access code is: 692-665-589.
5Individuals 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.
6No further notice will be given.
ORDER
18The Tribunal Member is not seized and 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: 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.