du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: May 26, 2022
CASE NO(S).: OLT-21-001720
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Harnek Singh Randhawa
Subject: Consent
Property Address/Description: 182 West 2nd St.
Municipality: City of Hamilton
Municipal File No.: HM/B-21:80
OLT Lead Case No.: OLT-21-001720
OLT Case No.: OLT-21-001720
OLT Case Name: Singh Randhawa v. Hamilton (City)
Heard: May 3, 2022 by Video Hearing ("VH")
APPEARANCES:
Parties
Representative
Harnek Singh Randhawa
Sanjay Dube
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA AND ERIC S. CROWE AND ORDER OF THE TRIBUNAL
1Harnek Singh Randhawa ("Applicant"), owner of the lands municipally known as 182 West 2nd Street ("subject lands"), applied to the Committee of Adjustment ("COA") of the City of Hamilton ("City") to permit the conveyance of a parcel of land for a two-storey single-family dwelling and to retain a parcel for a two-storey family dwelling, with the existing single-family dwelling to be demolished.
2City planning staff recommended that the consent application be approved, subject to the fulfillment of certain conditions. One of these conditions requires that approval be obtained for minor variances to facilitate the severance and the development proposal. The COA denied the consent application and the Applicant appealed the decision to the Tribunal.
3The Tribunal was advised prior to the hearing the City would not be taking a position or attending the hearing.
4It was apparent from the materials and correspondence filed with the Tribunal in advance of this hearing, and confirmed at the hearing by the Applicant and his representative, that the Applicant intended for the Tribunal to also decide the minor variance application at the current hearing. However, admittedly the Applicant failed to file an appeal of the decision of the COA to refuse the minor variance application, and as a consequence, that application is not before the Tribunal, and the Tribunal has no ability or mechanism by which it can create an appeal.
5After explaining the situation to the Applicant and his representative, the Tribunal agreed to stand the current hearing down to allow the Applicant to submit a minor variance application to the COA afresh, and in the event that application is refused, to thereafter file an appeal of the decision with the Tribunal. The Tribunal will then hear the consent and minor variance appeals together.
6The Tribunal will expect the Applicant to be prepared to proceed with the hearing of the appeal(s) by no later than 120 days from the date of issue of this Order. An updated notice of the re-scheduling of the hearing will be issued by the Tribunal.
7In the meantime, inquiries to the Tribunal can be directed to the Case Coordinator having carriage of this file.
8This is the order of the Tribunal.
"S. Bobka"
S. BOBKA MEMBER
"Eric S. Crowe"
ERIC S. CROWE 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.