Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 23, 2023
CASE NO(S).: OLT-23-000266
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Cao Man & Lu Tien
Subject: Application to amend the Zoning By-law – Appeal of Decision
Description: To facilitate the development of a dwelling and accessory structures on subject property
Reference Number: ZA 24-2021
Property Address: Part of Lot 12, Con. 10
Municipality: Town of Gravenhurst
OLT Case No.: OLT-23-000266
OLT Lead Case No.: OLT-23-000266
OLT Case Name: Cao Man v. Gravenhurst (Town)
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Cao Man, Lu Tien | Self-represented |
| Town of Gravenhurst | E. Veldboom* |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON OCTOBER 5, 2023 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) in the matter of an appeal by Cao Man and Lu Tien (“Appellants”) for a Zoning By-law Amendment (“ZBLA”), pursuant to s. 34(11) of the Planning Act (“Act”), to rezone the property from Residential Rural (RR-5) to Residential Waterfront (RW-6) to facilitate the development of a dwelling and accessory structures on the property known as Part of Lot 12, Concession 10 (“subject property”) in the Town of Gravenhurst (“Town”).
2The subject property is located within the "Waterfront Area" designation of the Town Official Plan. There are currently two separate properties which are vacant and are proposed to merge. The current zoning is Residential Rural (RR-5) which requires frontage on a road maintained year-round by a public authority in order to have building rights. The properties are proposed to be rezoned to Residential Waterfront (RW-6) in order to construct a dwelling.
3The Appellant was late to the CMC, as he was apparently under the impression that the CMC was to start at 10:30 am, even though the start time of the current CMC was clearly identified in the Decision and Order issued following the first CMC. After multiple attempts by the Town’s Counsel and the Tribunal’s Case Coordinator, contact was made with the Appellant, who then joined the CMC.
4The Appellant reiterated that he is not allowed to access his property due to the condition of the bridge. However, other nearby property owners still are able to use the same bridge for access to their lots.
5Town Counsel clarified to the Tribunal that any new development is subject to different zoning requirements than development that existed prior to the implementation of the current zoning. In some cases, the property owners have an easement agreement to access their properties via a private road that avoids the bridge.
6The Appellant has offered three different alternate scenarios that would allow him to access his property and is requesting that the City’s legal counsel or the Tribunal authorize one of them.
7Mr. Veldboom explained to the Appellant that he is not the approval authority and that the proposal must be presented to Town Council for the approval.
8The Tribunal also confirmed to the Appellant that it does not have the jurisdiction to determine how the Appellant can access his property. However, if the Appellant needs to re-zone the property to facilitate the development, that is a matter that can be considered by the Tribunal.
9The Parties indicated that they are willing to work together to find a solution and asked that a third CMC be scheduled, at which time an update will be provided to the Tribunal. If the access issues are not resolved by the date of the third CMC, the Parties will ask the Tribunal to set a Hearing date at that time.
10The Tribunal reminded the Parties that a Tribunal-led mediation is available to them. The Tribunal directed the Parties to contact the assigned Case Coordinator should they elect to pursue Tribunal-assisted Mediation.
11A third CMC has been scheduled to proceed by video on Tuesday, December 12, 2023 at 10:00 a.m.
12Parties and Participants are asked to log in to 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/638422541
Access code: 638-422-541
13Parties and Participants 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
14Persons who experience technical difficulties accessing the GoToMeeting application, or those who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 638-422-541.
15Individuals 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 by video 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.
16The Tribunal reminded the Appellant that no further notice will be given and to be mindful of the start time of the third CMC.
17This Member is not seized.
18There will be no further notice.
“P. Tomilin”
p. tomilin
MEMBER
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.