Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 10, 2022
CASE NO(S).:
OLT-22-002696
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant
Matt Stirling
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
Rezone subject property to permit a 4-unit residential dwelling
Reference Number:
ZBA-01-21
Property Address:
651 Yonge Street
Municipality/UT:
Midland/Simcoe
OLT Case No:
OLT-22-002696
OLT Lead Case No:
OLT-22-002696
OLT Case Name:
Stirling v. Midland (Town)
Heard:
July 26, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Matt Stirling
S. Hahn
Town of Midland
A. Whyte for Q. Annibale
MEMORANDUM OF ORAL DECISION DELIVERED BY G. BURTON ON JULY 26, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was an Appeal under s. 34(11) of the Planning Act for failure of the Council of the Town of Midland to make a decision on the completed application of the owner of 651 Yonge Street, Matt Stirling, to rezone the property. This would enable a conversion from a two-storey, mixed use structure to a four-unit apartment dwelling, or “four plex dwelling” as the By-law denotes it. The proposal would change it from the present Residential Zone (R3) to a site-specific Residential Apartment Exception Zone, with site-specific zoning standards (to retain the existing, plus parking and driveway width).
2Yonge Street runs approximately east-west in the Town of Midland. The subject parcel is on the south side of Yonge Street. Ms. Hahn stated that the matter is not a good candidate for Tribunal mediation. A Hearing will be needed, especially since neighbours on either side have requested Party Status in this Appeal.
3Julie Barker resides at 657 Yonge Street to the west, in a one-storey single family home. Her driveway abuts that of the Appellant at 651. Her main concerns are the potential number of residents and parking spaces, as well as the servicing of the proposed two-storey residential use. Drs. Matyas Hervieux and Robert Cooper reside at 647 Yonge Street, and had previously made representations to Council in opposition to the application. Both stated that they had material evidence to put forth at the Hearing. There were no serious objections. The Tribunal will grant only Ms. Barker and Dr. Hervieux Party status, since Dr. Cooper will, he stated, provide “a material part of Dr. Hervieux’s case”. They were cautioned to limit their submissions to issues within the Tribunal’s jurisdiction.
4The Tribunal requires that all Parties work with the Appellant to narrow their issues and to finalize the Procedural Order well in advance of the Hearing. Ms. Hahn submitted that the draft Procedural Order should be finalized by the Parties by August 5, 2022. They must also meet all filing dates in the Procedural Order as accepted by the Tribunal.
Decision and Order
5The Tribunal will hold a three-day Hearing commencing on Monday, December 5, 2022 at 10 a.m. . This Member is not seized.
6Parties and participants 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:
https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
7Parties 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: https://app.gotomeeting.com/home.html
8Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 344-779-885.
9Individuals 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.
10The Procedural Order will be submitted for the Tribunal’s consideration by Tuesday, August 30, 2022.
“G. Burton”
G. BURTON
VICE-CHAIR
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.