Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 02, 2022
CASE NO(S).: OLT-21-001200
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Terry Fangrad
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision.
Description: To permit an as-built dwelling and sundeck and to remove a dock
Reference Number.: ZBA-03/21
Property Address: 1030 Currie Street
Municipality/UT: Muskoka Lakes/Muskoka
OLT Case No.: OLT-21-001200
OLT Lead Case No.: OLT-21-001200
OLT Case Name: Fangrad v. Muskoka Lakes (Twp.)
Heard: April 26, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Terry Fangrad
Leo Longo
Township of Muskoka Lakes
Jennifer Biggar
MEMORANDUM OF ORAL DECSISION DELIVERED BY ERIC S. CROWE AND C. TUCCI ON APRIL 26, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a Case Management Conference (“CMC”) from an appeal by Terry Fangrad (the “Appellant”) concerning a decision by the Township to deny an Application to amend the Zoning By-law for his property at 1030 Currie Street, in the Township of Muskoka Lakes (the “Subject Property”).
2The Subject Property contains an as-built single storey dwelling with an associated as-built sundeck, a single storey boathouse and associated dock, and two additional separate docks. The previously existing dwelling has been enlarged and a new sundeck constructed in the absence of Building Permits. The Applicant proposes to recognize the as-built dwelling and sundeck and to remove a dock.
3The purpose and effect of the Zoning Amendment Application is to facilitate a modest addition to an existing dwelling and construction of an attached deck. Specifically, the zoning amendment application proposes to amend the Township of Muskoka Lakes Zoning By-law No. 2014-14 by changing the zoning of the lands from the present zone of Community Residential (R4) to Community Residential with an exception (R4-Exception) to permit the dwelling addition and deck.
4The specific provisions from which relief is required include reduced setbacks from the shoreline for the dwelling and deck, and reduced side lot line setbacks for the dwelling and deck.
5Mr. Longo Counsel for the Appellant advised this matter was originally set for a four-day hearing with no prior CMC. In advance for preparing for this Hearing both Parties entered into dialogue which has resulted in a strong potential for settlement.
6Ms. Jennifer Biggar Counsel for the Township advised that the possible Settlement offer would be discussed at the next Township Council meeting scheduled for May 11, 2022. Mr. Longo confirmed minutes to the settlement offer will be provided to the Township before the Township Council meeting.
7The intent of the Parties, should the Township accept the proposed settlement offer, is to make the next hearing a Settlement Hearing.
8Mr. Longo advised that in case there is no Settlement on this date, the Parties will use this hearing date to scope further issues for the Tribunal to prepare for the two-day hearing.
9The Parties advised in the event a settlement cannot be reached a two-day hearing is requested in the latter part of September 2022.
10The Tribunal orders that a hearing will be held by video on Tuesday, July 12, 2022, commencing at 10 a.m, at which time either a settlement will be proffered for the consideration of the Tribunal, or the outstanding issues will be scoped as the basis of a two day hearing, the dates for which will be released at this hearing event, if not before, in the event of a settlement.’
11Parties 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://meet.goto.com/687587165
Access code: 687-587-165
12Parties 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
13Persons 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. The access code is 687-587-165.
14Individuals 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.
15The Tribunal orders that a two-day hearing (if necessary) will be held by video on Wednesday, 28 September 2022 and Thursday, September 29 2022, commencing at 10 a.m.
16Parties 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://meet.goto.com/709076365
Access Code: 709-076-365
17Parties are asked to set up the video hearing 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.
18Persons 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.
19Individuals 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.
20There will be no further notice.
CONCLUSION
21The Notice of Affidavit was marked as Exhibit 1.
22The Parties raised no further matters for the fair and expeditious resolution of these appeals.
23These Members are not seized but may be spoken to for case management purposes subject to the availability on the Tribunal’s calendar.
24The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE
MEMBER
“C. Tucci”
C. 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.