Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 27, 2023
CASE NO(S).:
OLT-22-003761
PROCEEDING COMMENCED UNDER section 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant:
Cory Slykerman & Nicole Patterson
Subject:
Proposed Official Plan Amendment
Reference Number:
OPA 11
Property Address:
(Grimsby Beach Secondary Plan Area)
Municipality/UT:
Grimsby/Niagara
OLT Case No:
OLT-22-003761
OLT Lead Case No:
OLT-22-003761
OLT Case Name:
Patterson v. Grimsby (Town)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Zoning By-law
Reference Number:
BL 22-24
Property Address:
(Grimsby Beach Secondary Plan Area)
Municipality/UT:
Grimsby/Niagara
OLT Case No:
OLT-22-003762
OLT Lead Case No:
OLT-22-003761
PROCEEDING COMMENDED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Applicant and Appellant:
Cornelius Slykerman
Subject:
Minor Variance
Variance from By-law No.:
14-45
Property Address/Description:
33 Victoria
Terrace Municipality:
Grimsby/Niagara
Municipal File No.
A-19/19
OLT Case No.:
OLT-22-002522
Legacy Case No.:
OLT-22-002522
OLT Case Name:
Slykerman v. Grimsby (Town)
PROCEEDING COMMENDED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by:
Cornelius Slykerman
Subject:
Site Plan
Property Address/Description:
33 Victoria Terrace
Municipality:
Grimsby/Niagara
OLT Case No.:
OLT-22-002470
OLT Lead Case No.:
OLT-22-002522
Legacy Case No.:
PL200030
Legacy Lead Case No.:
PL190380
PROCEEDING COMMENDED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by:
Cornelius Slykerman
Subject:
Site Plan
Property Address/Description:
33 Victoria Terrace
Municipality:
Grimsby/Niagara
OLT Case No.:
OLT-22-002471
OLT Lead Case No.:
OLT-22-002522
Legacy Case No.:
PL200031
Legacy Lead Case No.:
PL190380
OLT Case No.:
PL200030
OLT File No.:
PL200031
Heard:
October 5, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Cornelius Slykerman & Nicole Patterson
Raj Kehar
(“Appellants”)
Town of Grimsby (“City”)
Jonathan Minnes John Doherty
DECISION DELIVERED BY JEAN-PIERRE BLAIS AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1The matter before the Tribunal is a settlement hearing with respect to appeals which were consolidated by the Tribunal under Rule 16 of the Tribunal’s Rules of Practice and Procedure following the first Case Management Conference decision, issued on January 6, 2023 (“CMC Decision”). The appeals include site-specific appeals by the Appellant Cornelius Slykerman under ss. 45(12) and 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”) following refusals by the Town’s Committee of Adjustment of applications for minor variances and a non-decision of site plan approvals; and (2) appeals by the both the Appellants under ss. 17(24) and 34(19) of the Act, for the Council approval of a By-law No. 22-23, Official Plan Amendment 11 (“OPA”) and Zoning By-law No. 22-24 for the Grimsby Beach Secondary Plan Area (“ZBA”). As explained below, the appeals of the OPA and the ZBA have become site-specific appeals.
2The Appellants are seeking to redevelop a property known municipally as 33 Victoria Terrace in the Town (“Subject Property”) since 2019.
3The Subject Property was originally subject to an Interim Control By-law (“ICB”) that was replaced by the town initiated OPA and ZBA which were fully under appeal at one time. However, pursuant to the CMC Decision, the Appellants partially withdrew their OPA and ZBA appeals to allow the implementation of those two planning instruments (“Instruments”) for the balance of the Town. The partial withdrawal was without prejudice to the Appellants’ right to continue their appeals of the Instruments on a site-specific basis as they pertained solely to the Subject Property. Thus, for the purpose of the adjudication of the Appellants’ site-specific appeals, the Instruments would be treated as if they are not in effect for all other lands in the Town.
4Moreover, pursuant to the CMC Decision, the Tribunal notified the Clerk of the Town of Grimsby of the partial withdrawal of the appeal of the OPA, pursuant to s. 17(30) of the Act, and ordered that those portions of the ZBA not in issue to be deemed to have come into force on the day the By-law was passed, pursuant to s. 34(31) of the Act. In addition, the Tribunal ordered in the CMC Decision that the ICB, which had continued in effect, as if it had not expired due the appeals of the Instruments, was no longer in effect due to the partial withdrawal. However, the ICB remained in full force and effect with respect to the Subject Property.
5The Tribunal had originally set down the matter for a five-day hearing. However, the matter was scheduled for a one-day settlement hearing following the settlement of all outstanding issues between the Parties.
SUBJECT PROPERTY AND SURROUNDINGS
6The Subject Property is in the Town’s Grimsby Beach area. The Grimsby Beach area is generally bound by Lake Ontario to the north, Baker Road North to the west, Park Road North to the east, and the QEW highway to the south.
7The Grimsby Beach area is approximately 17.6 hectare in area. The area is mainly comprised of unique and historic single-detached residential dwellings of varying styles and appearance, many of which are commonly referred to as “gingerbread cottages” or “painted ladies”. Apart from residential uses, the area consists of parks and green space as well as waterfront access to Lake Ontario. Grimsby Beach is interconnected by a unique street network, which consists of narrow cul-de-sacs and ‘dead-end’ streets.
PROPOSED SETTLEMENT
8After the CMC Decision, considerable discussion occurred between the Parties to reach a New Proposed Development which became the basis of the Proposed Settlement.
9A new revised site plan for the Subject Property was prepared to modify the existing dwelling to accommodate a two-storey addition of 56.78 square metres. On the first floor, a new deck addition of 18.12 square metres is proposed. The proposed new ground floor area of the dwelling, without the deck addition, is proposed to be 118 square metres. The proposed new lot coverage would be 63.42%.
10The revised site plan would ensure the dwelling structure does not further encroach into the Town’s road allowance. This area would be maintained and utilized for parking. The Appellants agreed to ensure no further encroachments into the Town’s road allowance or neighbouring properties.
11The final revised site plan requires a site-specific exception to Zoning By-law No. 14-45 (“Proposed ZBA”). The site-specific exception is provided to reflect the existing conditions and the additional coverage. The intent of this site-specific exception is to permit from a zoning standpoint the site plan. No further zoning relief is required to obtain a building permit to construct the New Proposed Development.
12The Parties executed Minutes of Settlement, dated June 16, 2023, which were marked as Exhibit 2. Pursuant to the Minutes of Settlement the Parties agreed that final drawings would be prepared for the New Proposed Development and a site-specific draft ZBA would be prepared to implement the site-specific zoning required to permit the issuance of a building permit to allow the construction of the New Proposed Development. They also agreed that if the Tribunal approved the site-specific ZBA, the balance of the appeals would be dismissed.
13Counsel for the Parties submitted that upon dismissal of the balance of the appeals, other than the site-specific ZBA and new site plan, the ICB would, by operation of law, cease to be in effect for the Subject Property. Similarly, they submitted that, by operation of law, the OPA and ZBA would be in effect with respect to the Subject Property as of the date of their adoption. The Tribunal agrees. Accordingly, no additional Order is required with respect to the ICB, the OPA and the ZBA for the Subject Property.
EVIDENCE AND ANALYSIS
14The uncontested and extensive evidence in support of the Proposed Settlement was provided by Dana Anderson, a partner with MacNaughton Hermsen Britton & Clarkson Planning, Urban Design and Landscape Architecture (“MHBC”), who was qualified on consent as an expert in land use planning. MHBC had originally been retained by the Town in August 2020 to undertake a comprehensive land use planning study for the Grimsby Beach area of the Town. Her written evidence, in the form of an affidavit, including various attachments, was marked as Exhibit 1.
15Although this was a settlement hearing, the Tribunal must nevertheless be satisfied that those elements of the Proposed Settlement within the jurisdiction of the Tribunal meet all legislative tests. In particular, the Tribunal must be satisfied that the New Proposed Development:
a. has regard to matters of provincial interest in s. 2 of the Act;
b. is consistent with the Provincial Policy Statement 2020 (“PPS 2020”);
c. conforms to the Growth Plan for the Greater Horseshoe, 2020 (“Growth Plan”);
d. conforms to the Niagara Region Official Plan, 2022 (“Regional OP”);
e. conforms to the Town’s Official Plan (“Town’s OP”);
f. conforms to the Grimsby Beach Secondary Plan (“Secondary Plan”); and,
g. has regard to the Grimsby Beach Urban Design and Heritage Guidelines.
16The following is an overview of the uncontested evidence of the expert witness, which is accepted by the Tribunal.
17Ms. Anderson testified that, in her professional opinion, the New Proposed Development met all the legislative tests.
18She noted that the New Proposed Development has regard for the conservation of features of significant architectural, cultural, and historical interest, the orderly development of safe and healthy communities, the adequate provision of a full range of housing, the resolution of planning conflicts involving public and private interests, the appropriate location of growth and development, and the promotion of built form that is well-designed. She also opined that this was a modest residential addition within a settlement area, which is efficiently uses land, resources, and infrastructure.
19Ms. Anderson testified that the Subject Property is located within the Town’s Urban Settlement Area, is designated as Low Density Residential in the Town’s OP and is located in the Core Area Character Area. In her view, the New Proposed Development respects the Town’s cultural heritage and its small-town character. With respect to the Secondary Plan, she opined that the New Proposed Development is sensitive to, and is compatible with the height, scale, design, lotting pattern, setbacks, and unique architectural character of existing houses in the immediate area. She noted that re-orienting the house’s entrance positively contributes to the animation of the streetscape. She also noted that the New Proposed Development maintains built features of the 19th and 20th centuries, as well as significant views and vistas.
CONCLUSION
20In summary, based on the foregoing uncontested evidence, the Tribunal finds that the New Proposed Development, as well as the elements of the Proposed Settlements within the jurisdiction of the Tribunal, meet all the legislative tests, namely that they have regard to matters of provincial interest in s. 2 of the Act, are consistent with the PPS 2020, conform to the Growth Plan, conform to the Regional OP, conform to the Town’s OP, conform to the Secondary Plan, and have regard to the Grimsby Beach Urban Design and Heritage Guidelines.
21The Tribunal further finds that the proposed site-specific ZBA is in the public interest and constitutes good planning.
ORDER
22THE TRIBUNAL ORDERS that:
a. The appeals are allowed in part and By-law No. 14-45 of the Town of Grimsby, as amended, is hereby further amended with a site-specific Zoning By-law Amendment as set out in Attachment 1 to this Order; the Tribunal authorizes the municipal clerk of the Town of Grimsby to assign a number to this By-law for record keeping purposes;
b. The revised site plan dated October 2023 and set out in Attachment 2 (Final Drawings) is approved;
c. The appeals are otherwise dismissed; and,
d. If there are any difficulties that arise with respect to implementation of this Order the Tribunal may be spoken to.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.
Attachment 1
BY-LAW TO AMEND BY-LAW 14-45 (AS AMENDED)
(33 Victoria Terrace)
Schedule 7-A is hereby amended by changing the zoning on the lands identified on Schedule A to this by-law from Grimsby Beach (GB) Zone to Grimsby Beach (GB-XX) Zone with exceptions.
Notwithstanding Table 11: Regulations Applying to Residential Zones in Section 7.2.1, and Section 7.2.2.4, the following site-specific provisions shall apply to the lands:
a) The minimum permitted Temple Lane and Victoria Terrace yard setback shall be 0 metres.
b) The minimum permitted interior side yard setback (easterly side yard) shall be 0 metres.
c) The minimum permitted interior side yard setback (westerly side yard) shall be .61 metres to the main wall of the garage and 4.9 metres to the main wall of the dwelling.
d) The maximum Gross Floor Area shall be 194 square metres.
e) The maximum lot coverage shall be 64 %.
f) The minimum lot area shall be 186 square metres.
g) The minimum lot frontage shall be 12.19 metres.
h) The maximum height shall be 9.35 metres.
SCHEDULE A
(33 Victoria Terrace)