Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 26, 2022
CASE NO(S).: OLT-22-003897
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Victor and Deborah Anber
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To allow for the storage of fireworks
Reference Number: By-Law 2149
Property Address: 6954 6th Concession Road
Municipality/UT: Essex/Essex
OLT Case No.: OLT-22-003897
OLT Lead Case No.: OLT-22-003897
OLT Case Name: Anber v. Essex (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal of application
Reference Number: By-Law 2151
Property Address: 6954 6th Concession Road
Municipality/UT: Essex/Essex
OLT Case No.: OLT-22-003898
OLT Lead Case No.: OLT-22-003897
Heard: September 16, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Victor and Deborah Anber | Analee Baroudi |
| Town of Essex | Jeffrey Hewitt |
DECISION DELIVERED BY M. ARPINO AND ORDER OF THE TRIBUNAL
BACKGROUND AND STATUS
1The matter before the Tribunal is the first Case Management Conference regarding the appeal filed by Victor Anber and Deborah Anber (“Appellants”).
2The Appellants seek to use the property at 6954 Concession Road 6 in the Town of Essex (“Town”) for the storage of fireworks. To that end, the Appellants applied to amend the Town’s Zoning By-law Nos. 2149 and 2151.
3On April 19, 2022, the council for the Town made a decision to refuse the application. The Appellants appealed the decision pursuant to s. 34(19) of the Planning Act.
4The Affidavit of Service attesting to proper notice having been given and was filed as Exhibit 1.
5The Tribunal received 11 requests for Participant Status. Status was conferred with no objection, to the following:
a. Carrie Perrone b. Jason Hicks c. Justin Kelley d. James Sylvestre e. Jeannette Sylvestre f. Marie Vieira g. Penny Anger h. Steve Mayer i. Tim Hutchinson j. Sheila Goegebeur k. Leigh-Anne Siebert
6Counsel for the Parties informed the Tribunal that although they were engaged in productive discussions, they were not optimistic that the issues could be resolved without a hearing before the Tribunal. They anticipated the hearing of the Appeal would last 3 days.
7The Parties requested the Tribunal to schedule a hearing of the merits of the Appeal.
HEARING DATES AND DIRECTION
8The Tribunal determined that it would convene a 3-day merit hearing commencing on Tuesday, April 4, 2023 at 10 a.m.
9Parties 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/692665589
Access Code: 692-665-589
10Parties 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.
11Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
12Individuals 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 video 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.
13Mr. Hewitt is directed to provide a draft Procedural Order and Issues List for review of the Tribunal on or before October 15, 2022.
14This Member is not seized.
15There will be no further notice.
16So Orders the Tribunal.
“M. Arpino”
m. arpino
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.