Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 30, 2022
CASE NO(S).: OLT-21-001401
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Ryan Cheeseman
Subject: By-law No. 2021-048
Municipality: Municipality of West Elgin
OLT Case No.: OLT-21-001401
OLT File No.: OLT-21-001401
OLT Case Name: Cheeseman v. West Elgin (Municipality)
Heard: March 22, 2022 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Ryan Cheeseman | Self-represented |
| Municipality of West Elgin | Amy Dale* |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON MARCH 22, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) for this file.
2The purpose of the CMC was to receive status updates from both parties to organize the hearing of these appeals.
OVERVIEW
3The purpose and effect of By-law No. 2021-048 is to rezone the four rural residential lots created by Consent (Severance) Applications E16-21 to E19-21 that were recently conditionally approved by the County of Elgin Land Division Committee.
4The four severed parcels would be rezoned from the General Agricultural (A1) Zone to Rural Residential (RR) Zone, in order to create the zoning provisions for the proposed four rural residential lots, that are conditions of the consents (severances).
5The lands are legally described as North Part Lot 6, Concession 7; Part Lots 2 and 11, Plan 202, with no civic address (as the lands are vacant), being south of Downie Line and west of Furnival Road.
6The portion of the subject lands, where the four severed parcels are located, are designated ‘Rural Residential’ in the Municipality of West Elgin Official Plan. The subject land use conforms to the Municipality of West Elgin Official Plan.
7Council of the Corporation of the Municipality of West Elgin passed By-law No. 2021-048 which is subject to this appeal.
NATURE OF THE APPEAL
8The Appellant submits:
- New lot creation policies of the County of Elgin Official Plan contained under section E1.2.3.1 stipulate that rezoning is contingent on certain criteria being met, one of which is drainage not being impacted.
- Drainage is impacted by this decision to rezone which contradicts the Official Plan and there is no report substantiating the impact on drainage as a result of this rezoning decision.
- Land Owner is moving McKenzie Municipal Drain to create four (4) lots on land in question. These four lots could be created on same parcel without having to relocate drain.
- The McKenzie Municipal Drain does not need to be relocated to achieve the creation of these four lots - the lots can be created on either side of the existing drain.
9Both Ms. Dale and Mr. Cheeseman informed the Tribunal that they will complete and submit an updated Procedural Order and Issues List.
10The Tribunal offered all parties the opportunity to seek a resolution by an Ontario Land Tribunal-led mediation. The Parties have agreed to consider this offer once they have finalized their Issues List.
11The Tribunal hereby schedules a second CMC to receive further updates of these appeals on Friday, April 22, 2022, commencing at 10 a.m.
12Parties 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/687587165
Access code: 687-587-165
13Parties 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
14Persons 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) 497-9373 or Toll Free 1-888-299-1889. The access code is 687-587-165.
15Individuals 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.
16No further notice will be given
17The Member is not seized.
18So Orders the Tribunal.
“Carmine Tucci”
CARMINE TUCCI
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.