Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 10, 2022
CASE NO(S).: OLT-21-001699
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 246 Locke Street South Inc.
Subject: Consent
Property Address/Description: 977 Unsworth Ave
Municipality: City of Burlington
Municipal File No.: 545-02-B-006/2020
OLT Lead Case No.: OLT-21-001699
OLT Case No.: OLT-21-001699
OLT Case Name: 246 Locke Street South Inc. v. Burlington (City)
Heard: May 2, 2022 by video hearing
APPEARANCES:
Parties Counsel
246 Locke Street South Inc. P. Harrington
The City of Burlington Lauren Pinder
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN AND T.F. NG ON MAY 2, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is an appeal by 246 Locke Street South Inc. (“Applicant/Appellant”) of the decision of the Committee of the Adjustment (“COA”) to deny a consent request of the lands, municipally known as 977 Unsworth Avenue (“Subject Lands/Subject Site”), to create two new lots with one severance application.
2The Subject Lands are legally described as part of Lot 9, Broken Front Concession, Geographic Township of East Flamborough, in the City of Burlington (“City”), Regional Municipality of Halton, and is municipally known as 977 Unsworth Avenue.
3The Subject Lands are rectangular in shape and have frontage along Unsworth Avenue of approximately 85.3 metres (“m”), a depth of approximately 48.8 m and a total area of approximately 0.41 hectares. The overall character of the surrounding area is low-rise residential.
4The Subject Lands currently contains a 2½ storey residential dwelling (known as George Unsworth House), a pool and an old greenhouse. The Subject Lands are listed in the Municipal Register of Cultural Heritage Resources and described as a “two-and-a-half storey structure in Neo-Tudor style”. The existing house is to remain on the severed lot.
5The remnant of the old greenhouse crosses the lot line to the adjacent property to the north (226 Plains Road West). The greenhouse is to be demolished.
6The proposed severance line crosses the pool; therefore, the pool is also proposed to be demolished.
7The parcel proposed to be severed is located in the middle of the Site (Lot B) and contains the existing dwelling. The severance of the middle portion of the subject site will create two (2) retained lots, one to the north of the subject site (Lot A), and one to the south (Lot C). The lot width and area of all three (3) lots comply with Zoning By-law No. 2020.
8Lot A will have a frontage of 27.4 m along Unsworth Avenue and an area of 1,332.2 square metres (“sq m”). The proposed retained parcel Lot A complies with the minimum zoning requirements for lot width and area. Lot A contains the existing greenhouse.
9Lot B will have a frontage of 27.4 m and an area of 1,336.6 sq m. Lot B contains the existing dwelling, which is to be retained. The proposed severed parcel Lot B complies with the minimum zoning requirements for lot width and area. The Heritage Impact Assessment states that since the house is to be retained, direct heritage impacts have been avoided.
10Lot C will have a frontage of 30.5 m and an area of 1,491.9 sq m. The proposed retained parcel Lot C complies with the minimum zoning requirements for lot width and area.
11The parties have at the hearing advised the Tribunal that they had reached an agreement and are now seeking an order of the Tribunal on granting the provisional consent subject to conditions in Exhibit 2.
STATUS REQUEST
12The legal counsel has indicated to the Tribunal that a local resident has inquired about status. Prior to the hearing, the Tribunal had a conversation with a Case Coordinator, who mentioned that a local resident was prompted multiple times to file a request with the Tribunal. The Tribunal received NO REQUESTS for either Party or Participant status. The request can not be considered at this time.
ISSUE
13The issue before the Tribunal is whether the severance of the Subject Property with the creation of three lots as applied for in the Consent to sever land Application meets the general requirements set out in the applicable Provincial Planning legislation and Municipal planning policies and the specific criteria of s. 51(24) of the Planning Act (“Act”) and represents good planning. The proposed severance must meet the requirements of the applicable