Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 10, 2022
CASE NO(S).: OLT-21-001521
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicants: David and Sabina McPhee
Appellants: Carl and Frances Shaver
Subject: Consent
Property Address/Description: 1070 Algonquin Road
Municipality: City of Burlington
Municipal File No.: 545-02-B-026-2018
OLT Case No.: OLT-21-001521
OLT Lead Case No.: OLT-21-001521
OLT Case Name: Shaver v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicants: David and Sabina McPhee
Appellants: Carl and Frances Shaver
Subject: Minor Variance
Property Address/Description: 1070 Algonquin Road
Variance from By-law: 2020
Municipality: City of Burlington
Municipal File No.: 540-02-A-024-2019
OLT Case No.: OLT-21-001183
OLT Lead Case No.: OLT-21-001521
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Carl and Frances Shaver
Subject: Consent
Property Address/Description: 1060 Algonquin Road
Municipality: City of Burlington
Municipal File No.: 545-02-B-016/2016
OLT Case No.: OLT-21-001501
OLT Lead Case No.: OLT-21-001521
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Carl and Frances Shaver
Subject: Minor Variance
Property Address/Description: 1060 Algonquin Road
Variance from By-law: 2020
Municipality: City of Burlington
Municipal File No.: 540-02-A-129/2016
OLT Case No.: OLT-21-001502
OLT Lead Case No.: OLT-21-001521
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Carl and Frances Shaver
Subject: Minor Variance
Property Address/Description: 1060 Algonquin Road
Variance from By-law: 2020
Municipality: City of Burlington
Municipal File No.: 540-02-A-130/2016
OLT Case No.: OLT-21-001503
OLT Lead Case No.: OLT-21-001521
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Carl and Frances Shaver
Subject: Minor Variance
Property Address/Description: 1060 Algonquin Road
Variance from By-law: 2020
Municipality: City of Burlington
Municipal File No.: 540-02-A-131/2016
OLT Case No.: OLT-21-001504
OLT Lead Case No.: OLT-21-001521
Heard: February 24 to 25, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Carl and Frances Shaver
S. Snider
City of Burlington
L. Pinder
MEMORANDUM OF ORAL DECISION DELIVERED BY D.S. COLBOURNE AND G. BURTON ON FEBRUARY 24 AND 25, 2022 AND ORDER OF THE TRIBUNAL
1Orally, the Tribunal allowed the appeals and granted the applications, with full reasons to follow.
2This matter deals with two properties, 1060 and 1070 Algonquin Road (“1060 and 1070”) in the Indian Point area of the City of Burlington (“City”). The applications were for severances and minor variances. The applications were by the Shavers for 1060, while the applications for 1070 were made by the McPhees. The appeals were by the Shavers from adverse decisions of the Committee of Adjustment of all six matters.
3The current owners of 1070 did not participate in the hearing.
4The two properties are substantial in size as are all the lots in this special enclave of the City. It is situated at the base of the Burlington Skyway Bridge and runs westerly along the shore of the Bay.
5Both properties contain residences which are to remain.
6With respect to 1070, the severance is of 3 metres which is to be attached to 1060. This creates a variance with respect to the interior westerly side yard of the 1070 remainder.
7With the parcel from 1070, 1060 is to be severed into three lots, the remainder being the middle lot, which contains a single family dwelling. This division requires variances with respect to the area of the lot created at the intersection of Indian Road and Algonquin Road. In addition, as the frontage of the remainder is switched from Indian Road to Algonquin Road, this requires a technical variance to change the frontage.
8In addition, to establish the same frontage setbacks for the three (1060) lots all now fronting on Algonquin Road, a variance for each of the front yard setback is established at 8.0 metres, rather than the by-law required at 11 metres. The lot area variance is for the corner lot only. Overall, the total area of the three lots proposed by 1060 exceeds the area required for three lots, but the corner lot is impacted by the angle of its property line on Indian Road.
9The City supports the appeals before the Tribunal.
10The only evidence given was in support of the appeals and that was by John Ariens, a planner of considerable experience, known to the Tribunal.
11He describes the area as:
The Indian Point community is a narrow peninsula of land south of the QEW as it rises onto the Burlington Skyway Bridge and abutting Burlington Bay.
The Indian Point community was first developed as a number of summer rental cottages in the early 1900’s in association with the Brant Hotel and Inn situated further to the east. The Indian Point Survey was registered in 1929 and created the existing streets and underlying lotting fabric. In total 48 lots were created all of which were approximately 60 feet wide. However, the area was not serviced and therefore relied on private septic systems and wells. For that reason, multiple lot acquisitions were required to accommodate a larger lot for private services. The City of Burlington has “deemed” the registered plan to no longer exist and therefore the original lotting pattern is for geographic reference purposes only rather than for individual conveyances. Full municipal services have been available for many years now and Indian Point today contains 32 dwellings.
The Indian Point community is a unique and eclectic enclave of older and newer homes in a lakefront setting. As a mature neighbourhood it is also characterized with mature landscaping and tree cover. Large ornate gates mark the entrance to the community from North Shore Boulevard. These gates together with the original streetlamps have been designated as having historical and architectural significance by the City. Many of the original homes were built in the 1930’s and 1940’s and two are listed on the City’s Municipal Heritage Register. The house on the Subject Lands is not listed on the inventory nor is it designated. While two existing homes are designated the overall community has not been designated as a Cultural Heritage Landscape. The City has however identified Indian Point as a Character Area.
While overall Indian Point is relatively stable the area has been experiencing redevelopment and infill activity. Existing homes are being replaced with newer homes and existing lots are being subdivided through the severance process. As a result, the community now contains an eclectic mix of new modern architecture and traditional building styles.
12After very detailed analysis of both properties and the special character area of the Indian Point community, he also assessed in detail each severance application and each variance in light of the Provincial Policy Statement, the Growth Plan for the Greater Golden Horseshoe, the Region of Halton Official Plan and the Burlington Official Plan.
13Mr. Ariens concludes “What is proposed is reflective of the existing development”:
The proposed lot addition severance and the subsequent severance of the larger assembled parcel into two new vacant lots and one lot with the existing home:
Has regards to matters of Provincial interest as required by the Planning Act,
Is consistent with the Provincial Policy Statement,
Is in conformity with the Growth Plan for the Greater Golden Horseshoe,
Is in conformity with the Halton Regional Official Plan,
Is in conformity with the Burlington Official Plan,
Will result in compatible development that reflects and enhances the character of this area,
Will not create any adverse impact on adjoining properties or upon the Indian Point Community, and Represents “good planning” and is in the public interest.
The conditions of approval for both the lot addition severance and the creation of the 3 new lots are reasonable and appropriate for the orderly development of these lands.
The side yard variance being created by the lot addition severance and the front yard setback variances and corner lot area variance being requested to implement the three-lot severance plan:
Are minor,
Desirable for the appropriate development of this area,
Maintain the general intent of the Burlington Official Plan,
Maintain the general intent of the Burlington Zoning By-law,
Also represent “good planning” and are in the public interest.
14The Tribunal accepts the unchallenged evidence of Mr. Ariens and allows the appeals, and approves of the severances and variances, subject to the conditions contained in Exhibit 4.
“D.S. Colbourne”
D.S. colbourne
VICE-CHAIR
“G. Burton”
G. burton
Vice-chair
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.