Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 13, 2022

CASE NO(S).: OLT-21-001305

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Amrit Dhoot Subject: Consent Property Address/Description: 1079 Roosevelt Road Municipality: City of Mississauga Municipal File No.: B42/21 OLT Case No.: OLT-21-001305 OLT Lead Case No.: OLT-21-001305 OLT Case Name: Dhoot v. Mississauga (City)

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Amrit Dhoot Subject: Consent Property Address/Description: 1079 Roosevelt Road Municipality: City of Mississauga Municipal File No.: B43/21 OLT Case No.: OLT-21-001307 OLT Lead Case No.: OLT-21-001305

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Amrit Dhoot Subject: Minor Variance Variance from By-law No.: 0225-2007 Property Address/Description: 1079 Roosevelt Road Municipality: City of Mississauga Municipal File No.: A270/21 OLT Case No.: OLT-21-001308 OLT Lead Case No.: OLT-21-001305

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Amrit Dhoot Subject: Minor Variance Variance from By-law No.: 0225-2007 Property Address/Description: 1079 Roosevelt Road Municipality: City of Mississauga Municipal File No.: A271/21 OLT Case No.: OLT-21-001309 OLT Lead Case No.: OLT-21-001305

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant/Appellant: Amrit Dhoot Subject: Minor Variance Variance from By-law No.: 0225-2007 Property Address/Description: 1079 Roosevelt Road Municipality: City of Mississauga Municipal File No.: A272/21 OLT Case No.: OLT-21-001310 OLT Lead Case No.: OLT-21-001305

BEFORE:

BLAIR S. TAYLOR

Monday, the 13th day of June, 2022

MEMBER

THESE MATTERS having initially come on for a public hearing before the Tribunal on March 9 to 11, 2022;

AND THE TRIBUNAL having issued its Decision and Interim Order on April 9, 2022, (“Interim Decision”) which allowed the appeals of the consents in part and in principle and allowed the appeal to the variance requested for the rear yard setback on proposed Lot 1 in part and in principle, for the property known municipally in the City of Mississauga as 1079 Roosevelt Road, subject to receiving an appropriate set of draft conditions;

AND THE TRIBUNAL having been provided with an agreed upon set of draft conditions of approval for the provisional consent and the draft conditions of approval for the minor variance for proposed Lot 1;

NOW THEREFORE THE TRIBUNAL ORDERS, in accordance with the Interim Decision, that:

a) the appeals of the consents are allowed in part, subject to the conditions attached hereto as “Schedule 1”; and

b) the appeal of the rear yard setback on proposed Lot 1 is allowed in part, subject to the conditions attached hereto as “Schedule 2”.

“Euken Lui”

EUKEN LUI

ACTING 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.

SCHEDULE 1

Conditions of Consent

1. Approval of the draft reference plan(s), as applicable, shall be obtained at the Committee of Adjustment office, and; the required number of prints of the resultant deposited reference plan(s) shall be received.
2. An application amendment letter shall be received from the applicant or authorized agent confirming that the conveyed land shall be together with and/or subject to services easement(s) and/or right(s)-of-way, if necessary, in a location and width as determined by the Secretary-Treasurer based on written advice from the agencies having jurisdiction for any service or right for which the easement or right-of-way is required; alternatively, a letter shall be received from the applicant or authorized agent confirming that no services easement(s) and/or right(s)-of-way, are necessary.
3. Arrangements satisfactory to the Region of Peel, Public Works shall be made with respect to the location of existing and installation of new services and/or possible required private service easements. Furthermore, a letter shall be received from the Region of Peel, Public Works Department, indicating that satisfactory arrangements have been made with respect to these matters.
4. A letter shall be received from the City of Mississauga, Manager of Zoning Plan Examination, indicating that the conveyed land and retained lands comply with the provisions of the Zoning By-law, or alternatively; that any variances are approved by the appropriate authorities and that such approval is final and binding.
5. A letter shall be received from the City of Mississauga, Transportation and Works Department, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated (July 8, 2021). These matters include:
   1. The applicant’s consulting engineer is required to prepare an Overall Grading and Drainage Plan which contains sufficient details to ensure grading compatibility with the adjacent lands and submit the grading and drainage proposal to the Transportation and Works Department for review/approval.
   2. The applicant is to make satisfactory arrangements with Alectra Utilities for the relocation of the utility pole on the frontage of the proposed driveway access of the retained lands.
   3. Prior to the issuance of final consent, satisfactory arrangements are to be made with Corporate Services Department, Information Technology Division, Digital Services & Mobility Section, Geospatial Solutions Group for the creation of new municipal addresses for the severed and retained lands.
6. A letter shall be received from the City of Mississauga, Community Services Department, Park Planning Section, indicating that satisfactory arrangements have been made with respect to the matters addressed in their comments dated (July 8, 2021). These matters include:
   1. The applicant shall provide a cash contribution of $1,214.24 for planting of two (2) street trees on Roosevelt Road. This figure is subject to the most recent Fees and Charges By-law at the time of payment and is therefore subject to change.

SCHEDULE 2

Conditions of Minor Variance

1. The applicant shall provide a two (2) metre high full/solid privacy screen on the north side of the 2nd floor rear balcony. The applicant shall ensure that all future building permit drawings include and appropriately label the privacy screen. The label(s) shall detail that the privacy screen is two (2) metres high, full/solid and is provided in accordance with the Ontario Land Tribunal’s decision.

2. The applicant shall ensure that the 2nd floor windows on the north wall of the dwelling shall be frosted two (2) metres above the finished floor. The applicant shall ensure that all future building permit drawings shall include window details that appropriately identify the frosted windows. The label(s) shall detail that windows are to be frosted two (2) metres above the finished floor are provided in accordance with the Ontario Land Tribunal’s decision.