Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 23, 2022
CASE NO.: OLT-21-001380
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Trevor Digby
Subject: Application to amend Zoning By-law No. 1997-123 – Neglect of the City of Peterborough to make a decision
Existing Zoning: Residential “R..1, 1m, 2m”
Proposed Zoning: Special District 295 (SP. 295)
Purpose: To permit the rezoning of the subject lands to allow a second one-bedroom apartment in an accessory building
Property Address/Description: 670 Hastings Avenue
Municipality: City of Peterborough
Municipality File No.: Z2003
OLT Case No.: OLT-21-001380
OLT Lead Case No.: OLT-21-001380
OLT Case Name: Digby v. Peterborough (City)
BEFORE:
S. deBOER MEMBER Monday, the 23rd
D. CHIPMAN MEMBER day of August, 2022
THESE MATTERS, in respect of the lands at 670 Hastings Avenue in the City of Peterborough, having come for a public hearing on April 27, 2022 before the Ontario Land Tribunal (the "Tribunal") and the Tribunal having issued a Decision and Interim Order on May 18, 2022 (the “Decision”) allowing the Applicant and Appellant’s appeal in part, and approving the amendment of Zoning By-law 1997-123, in principle, with the Final Order being withheld pending being advised by the City Solicitor that certain pre-requisite matters have been satisfied;
THE TRIBUNAL HAVING BEEN ADVISED by the Parties on August 9, 2022 the City Solicitor is content that the above-noted conditions have been fully satisfied to the City’s satisfaction, and that the City and the Applicant and Appellant are thus jointly requesting that the Tribunal proceed to issue its Final Order on that basis;
THE TRBIUNAL, pursuant to its Order dated May 18, 2022, has determined to amend City of Peterborough Zoning By-law 1997-123.
THE TRIBUNAL ORDERS City of Peterborough Zoning By-law 1997-123 is further amended as follows:
- That Section 3.9 – Exceptions, be amended to add the following:
“.350 Minimum lot area per dwelling unit: 250 square metres
Minimum building setback, rear lot line: 1.2 metres
Notwithstanding Section 4.2(A)1), minimum number of motor vehicle parking spaces required for a Two Unit Dwelling: 1/unit
Notwithstanding Section 6.37, minimum floor area for dwelling units within a Two Unit Dwelling: 45 square metres
Notwithstanding Section 4.3.1(b)(i), the minimum aisle width serving the motor vehicle parking space having an angle of 76-90 degrees located off the public lane at the northeast corner of the property shall be 5.3 metres”
That Map 11 forming part of Schedule ‘A’ to By-law 1997-123 is amended by changing the area shown on the sketch attached hereto as Schedule ‘A’ from R.1,1m,2m to SP.295-350-‘H’.
That the ‘H’ Holding Symbol be removed at such time as:
a) The Owner has entered into a Site Plan Agreement with the City which shall include and address, on terms, acceptable to the City’s planning staff, those matters permitted by Section 41(4) of the Planning Act, including but not limited to: surface treatments; snow removal; waste storage; walkways; the location and height of all existing and proposed fencing; the location and setback for staircases; parking aisle widths, the location of fire access route; a drainage and grading plan satisfactory to the City Engineer;
b) The Owner has paid any applicable fees and levies and has fulfilled their obligations under the Site Plan Agreement; and,
c) The Owner has demonstrated, to the satisfaction of the Chief Building Official, that the upper unit in the Two Unit Dwelling has remained unoccupied until the terms in 3 a) and b) herein have been fulfilled.
Pursuant to the Order of the Ontario Land Tribunal dated May 18, 2022 (Case No. OLT-21-001380), attached as Schedule ‘B’ to this By-law.
“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 (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Schedule A
Schedule B
Order of the Ontario Land Tribunal dated May 18, 2022 (Case No. OLT-21-001380)