Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
January 7, 2022
CASE NO.:
PL210101
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Gavin Houston
Applicant:
Texo Terra Contracting Ltd.
Subject:
Minor Variance
Variance from By-law No.:
25-99
Property Address/Description:
963668 Road 96
Municipality:
Township of Zorra
Municipal File No.:
A06/20
OLT Case No.:
PL210101
OLT File No.:
PL210101
OLT Case Name:
Houston v. Zorra (Township)
BEFORE:
GREGORY BISHOP
Friday, the 7th
ALTERNATE CHAIR
day of January, 2022
THIS IS A MATTER of the appeal filed by Gavin Houston (“Appellant”) of the Township of Zorra’s (“Township”) Committee of Adjustment’s authorization of Texo Terra Contracting Ltd.’s (“Applicant”) application for minor variances to obtain relief from the provisions of Section 17.2 – Restricted Industrial Zone (MR) Zone Provisions in the Township of Zorra Zoning By-law 35-99 for lands located at 963668 96 Road, Harrington, Ontario.
AND WHEREAS THE TRIBUNAL issued its Decision on August 10, 2021.
AND WHEREAS the Township and Applicant filed a request for review (“Request”), pursuant to s. 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure (“Rules”), that seeks to set aside the Decision, deny the Appeal, and uphold the minor variances approved by the Township Committee of Adjustment.
AND WHEREAS THE TRIBUNAL, by letter dated September 17, 2021, directed the Appellant to file responding submissions.
AND WHEREAS THE TRIBUNAL after having reviewed the Request and the response, determined that the Request meets the threshold established under Rule 25.7 to warrant a review to set aside the Decision for all of the reasons set out in its letter of disposition dated November 8, 2021.
ACCORDINGLY, THE TRIBUNAL HEREBY ORDERS that:
The Original Decision issued on August 10, 2021 is hereby set aside and rescinded.
A re-hearing is to be convened on the appeal of this matter. The re-hearing is set for February 1, 2022 and will proceed by videoconference. The Notice of the Hearing was provided by administrative staff on December 7, 2021.
All of which are ordered pursuant to my authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure.
“Euken Lui”
EUKEN LUI
REGISTRAR
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.