Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 21, 2022
CASE NO(S).: OLT 22-004278
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Mark Prokopchuk
Applicant: Ontario Aboriginal Housing Support Services Corporation
Subject: Zoning By-law
Description: ZBA to facilitate the construction of a single storey transitional housing facility for indigenous youth
Reference Number: Z01-2022
Property Address: Lots 37, 38, 44, 45, 46, 47, 48 and 49, Plan SM201, frontage on Partridge Street and Dorothy Street
Municipality/UT: Atikokan/Rainy River
OLT Case No: OLT-22-004278
OLT Case Name: Prokopchuk v. Atikokan (Town)
Heard: December 8, 2022, via video conference
APPEARANCES:
Parties
Counsel
Mark Prokopchuk
Rene Larson
Town of Atikokan
Larry Eustace
Ontario Aboriginal Housing Support Services Corporation
Steven O’Malia
DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL
1Mark Prokopchuk has appealed the passage of By-law 29-22, enacted by the Council of the Town of Atikokan in order to permit a 20-unit Group Home sponsored by the Ontario Aboriginal Housing Support Services Corporation, intended to provide transitional housing for youth/young adults on lands having frontage on both Partridge and Dorothy Streets.
2Mr. Prokopchuk contends that the proposed housing does not conform to the current in force group home provisions and definitions which permit such uses in residential zones, and therefore should have more appropriately proceeded by way of Official Plan and Zoning amendments as a proposed Institutional use pursuant to Sections 4.3.13, and 4.3.14 of the Official Plan.
3Affidavit of Service of Notice of the proceeding was filed with the Tribunal and marked as Exhibit 1.
4Counsel for the Parties indicated that likely four witnesses would be called, including potentially three land use planers, and one lay witness, the Appellant who shares the concerns of, and would therefore also be speaking on behalf of other interested neighbours and community members.
5Counsel agreed with the direction of the Tribunal to prepare and submit a draft procedural order and issues list prior to December 24th, with abridged exchanged dates given the scheduling of the merit hearing as set out below.
6The hearing on the merit of the appeal was therefore scheduled for a total of three days to commence Wednesday March 8, 2023, at 10 a.m.
7The hearing is scheduled to proceed by video on Wednesday March 8, 2023, at 10 a.m.
8Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
9Parties 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
10Persons 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: [1-888-299-1889 OR +1 (647) 497-9373]. The access code is [692-665-589].
11Individuals 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.
ORDER
12A three-day hearing to consider and the determine the merits of the appeal is scheduled as set out above.
13No further notice is required.
14The member is not seized but may be spoken to should issues arise in the implementation of the directions herein ordered.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
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.