Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 12, 2022
CASE NO(S).: OLT-22-003198
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Cindy Woodland et. al.
Applicant: Allan and Dimple Madan
Subject: Minor Variance
Description: To permit a new two-storey dwelling
Property Address: 320 Indian Valley Trail
Municipality/UT: Mississauga/Peel
OLT Case No.: OLT-22-003198
OLT Lead Case No.: OLT-22-003198
OLT Case Name: Woodland et. al. v. Mississauga (City)
Heard: July 21, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Cindy Woodland
Raj Kehar
Charles Michaud
Raj Kehar
Allan and Dimple Madan
Meredith Baker
MEMORANDUM OF ORAL DECISION DELIVERED BY M. ARPINO ON JULY 21, 2022 AND ORDER OF THE TRIBUNAL
1Allan and Dimple Madan (“Applicants”) on the land municipally known as 320 Indian Valley Trail (“Property”). The Property is in the City of Mississauga (“City”).
2The Property is designated Greenlands and Residential Low Density I, in the City Official Plan (“OP”). It is zoned R2-4 & R2-5 – Residential in Zoning By-law No. 0225-2007 (“ZBL”).
3The Applicants seek to construct a new two storey dwelling that requires variances related to gross floor area, dwelling depth, balconies, height, driveways, walkway attachment and an accessory structure (“Variances”).
4On December 9, 2021, the Committee of Adjustment for the City (“Committee”) granted the Variances.
5The Committee’s decision was appealed by William Fanjoy, Tom Masney, Margaret McKillop, Charles Michaud, Lark Reed-Masney; and Cindy Woodland.
6Four individuals have withdrawn their appeals.
7The Tribunal was informed that the remaining Appellants, Cindy Woodland and Charles Michaud, wish to pursue their appeals jointly.
8Prior to the hearing of the merits of the appeals, the Tribunal was informed that the Parties had come to a settlement, which they wished to present to the Tribunal for consideration.
9Meredith Baker requested on consent, that the merit hearing be converted to a written hearing to enable the Parties to finalize their settlement.
10The Tribunal determined that it is appropriate to convert the hearing to a written hearing. The Parties were encouraged to submit a Joint Document Book for consideration by the Tribunal.
ORDER
11The Tribunal Orders: the Parties submit hearing materials on or before Monday, August 8, 2022.
12The Tribunal Orders: if the Parties have not reached a Settlement for consideration of the Tribunal prior to Monday, August 8, 2022. The Applicant will contact the Tribunal and request the Tribunal schedule a hearing of the merits of the Appeal.
“M. Arpino”
M. ARPINO
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.