Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 24, 2022
CASE NO(S).: OLT-21-001615
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Brad Billings
Subject: Application to amend Zoning By-law No. 279 - Refusal or neglect of Township of Sioux Narrows – Nestor Falls to make a decision
Existing Zoning: Rural Residential (RR)
Proposed Zoning: Tourist Commercial (TC)
Purpose: To permit short-term vacation rentals
Property Address/Description: 60 Clopper Road
Municipality: Township of Sioux Narrows – Nestor Falls
Municipality File No.: Z/02/21
OLT Case No.: OLT-21-001615
OLT File No.: OLT-21-001615
OLT Case Name: Billings v. Sioux Narrows (Twp.)
Heard: May 17, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Brad Billings | Cody Fraser |
| Sioux Narrows-Nestor Falls | Chantelle Bryson |
| Peter Harkness | Patrick Harrington |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE AND D. CHIPMAN ON MAY 17, 2022, AND ORDER OF THE TRIBUNAL
1The Tribunal convened the first Case Management Conference (“CMC”) on an appeal filed by Brad Billings (the “Appellant”) on the Township of Sioux Narrows- Nestor Falls (the “Township”) for the refusal to approve an amendment to Zoning By-law No. 279 (“ZBA”) pursuant to s. 34 (11) of the Planning Act (the “Act”). The Subject Property is municipally known as 60 Clopper Road in the Township.
2The purpose of the amendment is to rezone the Subject Property from Rural Residential (RR) to Tourist Commercial (TC) to permit short term vacation rentals, the Applicant does not wish to expand their business, but the rezoning will allow for the business to continue.
Participant Status Request
3There were four requests for Participant Status in respect of these proceedings:
(1) Robert and Faye Harkness (2) Tracey Thiessen and Gerry Tkachuk (3) Robert Schumann (4) Richard Linnenburger
Party Status Request
4There was a request for Party Status made by Patrick Harrington on behalf of Peter Harkness. Mr. Harrington stated that Mr. Harkness owns lands adjacent to the Subject Property and access to the Subject Property is via a single land gravel road that runs through Mr. Harkness lands. Mr. Harkness has a direct interest in the outcome of this appeal. There were no objections raised to request for Party Status.
5Cody Fraser, counsel for the Appellant and Chantelle Bryson, counsel for the Township, proposed that the most efficient way to deal with this matter would be a four (4) day hearing since Mr. Harkness is now also a Party. Counsel for Mr. Harkness, Mr. Harrington agreed and advised he would have one additional land use planner witness.
6The Notice of Affidavit dated March 18, 2022, was marked as Exhibit 1.
7The Tribunal inquired about the need for Tribunal-led mediation. Mr. Fraser informed he was open to mediation on some issues however, Ms. Bryson advised the Township sees this case as a “yes” or “no” situation. In any event, all Parties are committed to work together to define the scope and issues and to determine areas of consensus throughout the process.
8The Tribunal directs a Draft Procedural Order and Issues List on consent to be submitted to the Case Coordinator on or before end of day Tuesday, May 31, 2022.
9The Tribunal directs that a four (4) day hearing of the merits will be held by video hearing commencing on Monday, September 26, 2022, at 10 a.m.
10Parties 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/656004293
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 656-004-293
11Parties 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 at: https://app.gotomeeting.com/home.html
12Persons 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.
13Individuals 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.
14The Parties raised no further matters for the fair and expeditious resolution of this appeal.
ORDER
15The Tribunal grants Party Status to Peter Harkness.
16The Tribunal orders that a four (4) day hearing be held by video commencing on Monday, September 26, 2022, at 10 a.m. with meeting coordinates as set out above.
17No further notice will be given.
18The Tribunal Members are not seized but may be spoken to for case management purposes subject to the availability of the Tribunal’s calendar.
19The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE MEMBER
“D. Chipman”
D. CHIPMAN 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.