Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 29, 2022
CASE NO(S).: OLT-22-002365
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 2725539 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Description: Purpose is to amend the site-specific zoning on the subject lands to permit a maximum of 6 dwelling units contained within an existing detached dwelling.
Reference Number: PLZBA2020075
Property Address: 1613A Hunter Creek Road
Municipality/UT: Minden Hills/Haliburton
OLT Case No: OLT-22-002365
OLT Lead Case No: OLT-22-002365
OLT Case Name: 2725539 Ontario Inc. v. Minden Hills (Township)
Heard: June 3, 2022 by video hearing; and July 12, 2022 in writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2725539 Ontario Inc. | Jeffrey Streisfield |
| Township of Minden Hills | John Ewart |
DECISION DELIVERED BY BITA M. RAJAEE AND HUGH S. WILKINS AND ORDER OF THE TRIBUNAL
INTRODUCTION
1On June 3, 2022, the first Case Management Conference (“CMC”) was heard in relation to an appeal brought under s. 34(11) of the Planning Act by 2725539 Ontario Inc. (“Applicant/Appellant”) against the decision of the Township of Minden Hills (“Township”) on December 9, 2021, to refuse a Zoning By-law Amendment (“ZBLA”) application in relation to a property known municipally as 1613A Hunter Creek Road (Part Lot 5, Concession 14, Geographic Township of Lutterworth), Township of Minden Hills, County of Haliburton (“Subject Property”).
2The Subject Property is currently zoned “Shoreline Residential Exception Fifty-Seven (SR-57).” The purpose of the ZBLA is to amend the current Zoning By-Law No. 06-10, as amended, to facilitate a proposal by the Applicant/Appellant to permit a maximum of six (6) dwelling units contained within an existing detached dwelling on the Subject Property (“Proposal”).
3The Affidavit of Service of Notice of the CMC is marked as Exhibit 1.
REQUESTS FOR STATUS
4The Tribunal was tasked with adjudicating several Participant Status requests. Specifically, Participant Status requests were received from: Daniel Martel, Dennis Goforth, Marc Dumas, Linda Stephenson, and Christine Thomas. The potential Participants indicated that they all lived in the vicinity of the Subject Property and some lived on the lands adjacent to the Subject Property.
5After reviewing the Participant Status requests, and receiving no objections from the Applicant/Appellant or the Township, the Tribunal found that the Participants have interest in the matter and will assist the Tribunal in understanding the concerns and impacts of the Proposal on the local community. As such, the Tribunal granted all the requests for Participant Status that it had received.
6In response to the Notice, the Tribunal received no other requests for status (Party or Participant). The Applicant/Appellant advised that it was not aware whether the County of Haliburton (“County”) intended to participate at the Hearing for this matter. The County did not appear at the CMC, despite being duly served and notified of the CMC date (Exhibit 1). Subsequent to the CMC, the Township confirmed that the County did not intend to participate in this matter.
7Accordingly, the appeal will proceed with the involvement and participation of the Parties and Participants identified above.
PROCEDURAL ORDER/ISSUES LIST
8A draft Procedural Order (“PO”) was received by the Tribunal prior to the CMC. However, no Issues List was provided to the Tribunal prior to the CMC. At the CMC, the Parties advised that they were still working together on preparing the Issues List and require more time. The Tribunal granted the Parties twenty-five (25) days, until June 28, 2022, to provide an agreed-upon Issues List to the Tribunal for review.
9On July 12, 2022, the Tribunal received correspondence from the Parties indicating that they were unable to agree on an Issues List. Given the Parties’ inability to agree on an Issues List, the Tribunal directs that a further CMC will be held at which the issues will be identified and hearing dates set.
10The Tribunal directs that a CMC Continuation by teleconference will be held on September 15, 2022 at 9:00 a.m. Parties are asked to call into the hearing using the following numbers:
Conference Line Number: 416-212-8012 Conference Line Alternate Number: 1-866-633-0848 Conference Line Code: 4779874
11Individuals 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 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.
MEDIATION AND SETTLEMENT
12The Tribunal raised the issue of opportunities for settlement, including the use of Tribunal-assisted mediation. The Parties advised that they are not in a position at this stage to engage in such discussions, but remain open to the possibility of a settlement at some point in the future and are aware of the availability of mediation.
13The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues prior to the hearing and, should they wish to pursue Tribunal-assisted mediation, they may reach out to the Case Coordinator for assistance in this regard.
HEARING
14At the CMC on June 3, 2022, the Tribunal directed that no date could be set for the Hearing until an Issues List had been provided. However, the Tribunal canvassed the Parties regarding the number of witnesses each intended to call to provide evidence at the hearing. Both Parties indicated that they anticipated calling one planning expert each.
ORDER
15The Tribunal Orders that:
The following have been granted Participant Status in this matter: Daniel Martel, Dennis Goforth, Marc Dumas, Linda Stephenson, and Christine Thomas.
A CMC Continuation in this matter will be held by teleconference on September 15, 2022 commencing at 9 a.m.
“Bita M. Rajaee”
BITA M. RAJAEE
MEMBER
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
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.