Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 15, 2022
CASE NO(S).: OLT-22-002322
PROCEEDING COMMENCED UNDER subsection 28(15) of the Conservation Authorities Act, R.S.O. 1990, c. C.27, as amended
Appellant: Frank Wendorf
Respondent: Nickel District Conservation Authority
Subject: Appeal of refusal to grant permission for development
Property Address: 0 Cook Street, Coniston, Township of Neelon
Municipality: City of Sudbury
OLT Case No.: OLT-22-002322
OLT Case Name: Wendorf v. Nickel District Conservation Authority
Heard: June 30, 2022 by Telephone Conference Call ("TCC")
APPEARANCES:
Parties
Counsel/Representative*
Frank Wendorf
Self-represented
Nickel District Conservation Authority
Daniel Sirios*
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER CAMPBELL AND STEVEN COOKE ON JUNE 30, 2022 AND ORDER OF THE TRIBUNAL
1This Decision arises from a TCC brought before the Ontario Land Tribunal (the "Tribunal") regarding an appeal by Frank Wendorf (the "Appellant") concerning the rejection by Nickel District Conservation Authority (the "Respondent" or "NDCA") of an application for the construction of a detached dwelling and associated detached garage at the property located at 0 Cook Street, Coniston, Ontario.
2At the TCC, the Parties discussed the identification of issues to be adjudicated at a hearing. The Parties advised that the draft Procedural Order ("PO") and Issues List had been prepared by the Appellant, without concurrence of the Respondent. The Appellant had identified five (5) grounds for appeal as set fort in the draft PO and Issues List that had been submitted in advance of the TCC, as follows:
The Regulation Review Committee meeting was cut short due to the fact that one committee member had a previous commitment and I did not have time to present several important items that may have resulted in an approval of my application.
NDCA has permitted a large infilling project to proceed in the regulated area in Coniston, whereas my development requires a minimal amount of fill.
NDCA stated that access and egress was a negative factor on Cook Street. Other streets in Coniston are subject to the same amount of potential flooding (as verified by my registered Ontario Land Surveyor) including Concession Street where a new 55-unit seniors apartment complex was approved.
I have met all the requirements for flood proofing the development of a new single-family dwelling on this property and permission from NDCA was denied.
NDCA mapping had incorrect information. Actual elevations are shown on geodetic survey from Kirkland Surveying (OLS).
3Following the discussion, the Parties agreed to work together to narrow and further refine the issues, with particular focus on Issue No. 4, which the Appellant was advised would need to be further detailed to reference the applicable provisions of the relevant legislation. The Tribunal directed that a revised PO and Issues List be filed by the Parties by July 22, 2022.
4The Tribunal directed that a further TCC will be held on Monday, August 22, 2022.
ORDER
5The Tribunal orders that a revised Procedural Order and Issues List be filed by the Parties on July 22, 2022.
6The Tribunal orders that a further Telephone Conference Call will be held on Monday, August 22, 2022 commencing at 9 a.m.
7Parties are directed to call 416-212-8012 or Toll Free 1(866) 633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
8There will be no further notice.
9These Members are not seized.
"Jennifer Campbell"
JENNIFER CAMPBELL
MEMBER
"Steven Cooke"
STEVEN COOKE
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.