Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 14, 2022
CASE NO.: OLT-22-003848
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Donald Matthew Gilbert & Linda Gilbert
Subject Lands: 559 West Edith Cavell Boulevard
Minor Variance Application: COA04-22
Purpose: Reconstruction and expansion of a legal non-complying single detached dwelling
Property Address/Description: 559 West Edith Cavell Boulevard
Municipality: Central Elgin, Community of Port Stanley
Municipality File No.: COA 04-2022
OLT Case No.: OLT-22-003848
OLT File No.: OLT-22-003848
OLT Case Name: Gilbert v. Central Elgin (Municipality)
ORDER
BEFORE:
M. ARPINO
MEMBER
Friday, the 14th day of October, 2022
THIS MATTER having come before the Tribunal in a hearing on September 26, 2022 of written materials for a settlement;
AND THE TRIBUNAL having reviewed the Minutes of Settlement, Notice of Motion and the Affidavit of Steven Craig, sworn June 28, 2022, including all Exhibits attached thereto.
AND THE TRIBUNAL having been advised that all affected Parties consent to the approval of a Minor Variance in respect of 559 West Edith Cavell Boulevard in the Municipality of Central Elgin subject to the agreed upon conditions.
AND THE TRIBUNAL being satisfied that the proposed Minor Variance and agreed upon conditions have regard for matters of provincial interest in section 2 of the Planning Act, are consistent with the Provincial Policy Statement 2020, and meet the four part test under section 45(1) of the Planning Act.
AND THE TRIBUNAL having been advised that there are no requests for party or participant status.
THE TRIBUNAL ORDERS that, in accordance with subsection 45(18) of the Planning Act, R.S.O. 1990, c. P. 13, the Tribunal approves the Minor Variance for 559 West Edith Cavell Boulevard in the Municipality of Central Elgin for the purpose of reconstructing and expanding the legal non-complying single detached dwelling on the property subject to the following conditions:
Construction shall be completed in accordance with the plans accompanying the Application and attached hereto as Schedule A;
The applicant shall submit a geotechnical analysis, to confirm that the reconstruction and expansion can safely take place and provide recommendations and/or conditions to be implemented as part of the construction;
The applicant shall submit a formal written legal opinion to confirm legal and secure access to a public street from the subject lands;
The applicant shall satisfy the requirements of the Director of Asset Management and Development, relating to the existing foundation encroachment on the Iola Street right-of-way and the removal of the existing porch; and
The applicant shall obtain the necessary permits from the Kettle Creek Conservation Authority.
"Euken Lui"
EUKEN LUI
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