Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 17, 2023

CASE NO(S).: OLT-22-004310

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicants/ Appellants: Tom and Lisa Csizik

Subject: Application to amend Zoning By-law No. 28-18 – Refusal or neglect of the Township of Mulmur to make a decision

Existing Zoning: Rural Residential Exception 9 (RR-9)

Proposed Zoning: Rural Residential Exception XX (RR-XX)

Purpose: To permit “Implement Shed” as principal permitted use

Property Address/Description: 938542 County Road 18

Municipality/UT: Mulmur/Dufferin

Municipality File No.: Z12-2021 CSIZIK

OLT Case No.: OLT-22-004310

OLT Lead Case No.: OLT-22-004310

OLT Case Name: Csizik v. Mulmur (Township)

Heard: January 9, 2023 by Video Hearing

APPEARANCES:

Parties

Thomas Csizik and Lisa Csizik

Township of Mulmur

Representative

Marie Leroux

Tracey Atkinson

MEMORANDUM OF ORAL DECISION DELIVERED BY D. ARNOLD ON JANUARY 9, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1Thomas and Lisa Csizik (the “Appellants”) are the owners of the property municipally known as 938542 County Road 18 in the Township of Mulmur, County of Dufferin (the “Subject Property”). The Subject Property is vacant and approximately 15.45 hectares in lot area.

2By Application dated November 26, 2021, the Appellants applied to the Township of Mulmur (the “Township”) for an Amendment to the Township’s Zoning By-law No. 28-18, as amended (the “Township Zoning By-law”), to add an amended site specific Rural Residential Exception 9 Zone to permit an additional permitted principal use of an “implement shed” with a maximum gross floor area of 260 square metres on the Subject Property (the “ZBA Application”).

3The Township’s Council refused the ZBA Application and the Appellants appealed that decision to the Tribunal pursuant to s. 34(11) of the Planning Act (the “Act”).

4Prior to the Hearing, the Appellants and the Township advised that they had reached a settlement of the Appeal that provides for the Parties to present a revised proposed amendment to the Township’s Zoning By-law (the “ZBA”) to the Tribunal for its consideration.

5At the conclusion of the Hearing on January 9, 2023, the Tribunal rendered an oral decision approving the ZBA effective that date. This is the written memorandum of that oral decision.

PROCEDURAL MATTERS

6An affidavit of service of notice of the Hearing affirmed by Marie Leroux dated November 14, 2022, was entered into evidence as Exhibit 1 and the Tribunal is satisfied that same evidences satisfactory notice of the Hearing.

EVIDENCE

7At the Hearing, the Appellant called one witness, Marie Leroux, who was qualified by the Tribunal to provide expert opinion land use planning evidence. Ms. Leroux’s Curriculum Vitae and Acknowledgement of Expert’s Duty are found at Appendices A and B respectively of Ms. Leroux’s Witness Statement dated December 30, 2022, which was entered into evidence as Exhibit 2.

8The Tribunal heard Ms. Leroux’s oral testimony and also considered the evidence contained in Ms. Leroux’s Witness Statement.

9Ms. Leroux provided expert professional land use planning opinion evidence at the Hearing as follows:

(a) The Subject Property is currently zoned “Rural Residential Exception Nine (RR-9)” in the Township’s Zoning By-law and this zoning permits a dwelling and home industry. Moreover, the Township’s Zoning By-law, as amended by by-law on October 5, 2022, now permits two accessory buildings in the Rural Residential zone with a maximum total gross floor area of 140 square metres for all accessory buildings and structures, a maximum height of 6 metres, and requires that such accessory buildings or structures be located behind the front wall of the dwelling.

(b) The ZBA contemplated by the settlement provides for an amendment to the Township’s Zoning By-law, which would permit two accessory buildings or structures on the Subject Property; specifically:

a) one (1) accessory building or structure for a home industry and storage, subject to the following:

• maximum floor area of 245 square metres

• maximum floor area devoted to home industry: 140 square metres

• maximum height: 7 metres

• the accessory structure shall be permitted in front of the dwelling unit, provided it meets the minimum yard requirements for the Rural Residential Exception Nine (RR-9) zone; and,

b) one (1) accessory building or structure shall be permitted subject to the following:

• maximum floor area of accessory building or structure: 68 square metres

In all other respects, the provisions of the Township’s Zoning By-law would apply.

(c) The relevant provincial and official plan policies relating to the Subject Property are the “Rural Lands” policies as the Subject Property is designated “Rural” in the Township’s Official Plan. Ms. Leroux opined that the ZBA is consistent with the applicable Provincial Policy Statement (2020) (the “PPS”) and in particular Policy 1.1.5 which provides that permitted uses on Rural Lands in Municipalities include “residential development…that is locally appropriate” and “home occupations and home industries”. In this regard, Ms. Leroux noted that the PPS “[does] not define accessory buildings or uses to permitted uses and leaves those specific regulations to local municipalities.” Further, Ms. Leroux testified that Policy 1.6.6 (Sewage, Water and Stormwater) provides that “individual on-site sewage services and individual on-site water services may be used provided that site conditions are suitable for the long-term provision of such services with no negative impacts.” In this regard, Ms. Leroux noted that the Subject Property, being approximately 15.45 hectares in size, is “more than large enough to accommodate the private individual water and sewage system.”

10The Subject Property is located within the geographic area to which the Growth Plan for the Greater Golden Horseshoe (2020) (the “Growth Plan”) applies and, in this regard, Ms. Leroux opined that the ZBA conforms with the Growth Plan. Specifically, Ms. Leroux noted that the Growth Plan permits rural land uses and units for residential development in site-specific locations with approved zoning or designation in the applicable official plan and the Subject Property is so zoned.

11The ZBA conforms to the County of Dufferin’s Official Plan (the “Dufferin OP”). In this regard, Ms. Leroux noted that the Subject Property is designated “Rural Lands” in the Dufferin OP and Section 4.3 of the Dufferin OP permits a dwelling and a home industry on lands so designated. The Dufferin OP provides that the specific permitted uses and accessory uses will be established in the local municipal official plans and in the implementing zoning by-laws.

12The ZBA conforms to the Township’s Official Plan (the “Township’s OP”). Ms. Leroux opined that the Subject Property is designated “Rural” in the Township’s OP and, as such, pursuant to ss. 5.44 and 6.2 of the Township’s OP, a single detached dwelling and home occupations and industries are permitted together with accessory buildings and uses. Ms. Leroux testified that the Township’s OP provides generally for requirements and standards pertaining to home industries and accessory buildings and uses to be established within the Township’s Zoning By-law. Ms. Leroux also noted that the Township’s OP identifies the rear portion of the Subject Property as “Wooded Area (over 10 hectares)” and a “very small area” along the south lot line of the Subject Property as “Wetlands.” Ms. Leroux opined that the ZBA will conform to the Township’s OP as there will be no impacts to any natural features given that the ZBA contemplates no change to the existing rear and side yard building setback requirements of the Township’s zoning by-law. In Ms. Leroux’s analysis of the relevant planning documents and through consultation with the County, Township and the Nottawasaga Valley Conservation Authority, Ms. Leroux opined that there are no provincially significant Natural Heritage Features on the Subject Property.

13The Township’s OP states ins. 5.44 that “Home-based businesses of a nature, location and size that are in keeping with the lot on which such businesses may be located, and which are not out of character with development and uses on adjacent lots and do not result in significant potential for land use conflict are generally encouraged.” In this regard, Ms. Leroux stated in her Witness Statement:

The property is treed including the lands surrounding the property except for the area along the north lot line. The proposed dwelling and two accessory buildings will not be seen from the road frontage. A person in the farm dwelling to the north, that is more than 700 metres away, will likely see the proposed buildings after they are built as they will be located on top of the hill. However, with that distance there will be no impacts to them. The use should not have any impacts on agricultural uses and maintain the rural character. The farmlands to the north have large barns and implement sheds. A proposed implement shed/larger accessory building and second smaller accessory building on this property would fit in and will not change the rural character of the surrounding area.

14Ms. Leroux opined that the ZBA will not compromise the general intent of the Zoning By-law and is appropriate for the following reasons:

(a) The Subject Property is approximately 15.45 hectares in size with a very long driveway and will need a larger accessory building in order to store the property maintenance equipment inside a building;

(b) Storage of recreational vehicles inside a building is preferred to outdoor storage from a land use planning perspective;

(c) Two (2) accessory buildings in the Rural Residential zone applicable to the Subject Property are now permitted pursuant to the Township’s Zoning By-law as amended on October 5, 2022;

(d) The proposed size of the large accessory building with a home industry will not be seen from the road, will not change the rural character of the area, and will not impact any surrounding land uses;

(e) The gross floor area of 140 square metres for the home industry within the larger accessory building is already permitted by the Township’s Zoning By-law;

(f) The Township’s Zoning By-law, as amended in 2022, now permits an accessory building for personal use/storage to be 140 square metres; and,

(g) The size of the proposed accessory building is appropriate given the size of the Subject Property.

15In summary, it was Ms. Leroux’s professional land use planning opinion that the ZBA has appropriate regard for matters of Provincial interest, is consistent with the PPS, conforms with the Growth Plan, conforms to both the Dufferin OP and the Township OP and constitutes good land use planning.

FINDINGS

16Upon consideration of Ms. Leroux’s Witness Statement (Exhibit 2) and Ms. Leroux’s oral evidence at the Hearing, all of which was uncontroverted, the Tribunal finds that the ZBA is consistent with the Provincial Policy Statement, conforms with the Growth Plan, conforms to the Dufferin OP and the Township OP, and constitutes good land use planning. In reaching this finding, the Tribunal has had regard for the matters of provincial interest set out in s. 2 of the Planning Act and the decision of the Township’s Council as it relates to the ZBA.

ORDER

17THE TRIBUNAL ORDERS that the appeal is allowed, and the Township of Mulmur By-law No. 28-18, as amended, is amended with respect to the lands described as CON 6 EHS PT LOT 30 RP 7R6666 Part 1 Township of Mulmur, County of Dufferin (938542 County Road 18) as follows:

Section 4.2.3.9, Rural Residential Exception Nine (RR-9) Zone (Roll 4-08002) of Zoning By-law No. 28-18, as amended, is hereby further amended by adding the following after subsection b):

c) Notwithstanding the requirements of the By-law, to the contrary, two (2) accessory buildings or structures are permitted subject to the following:

i) one (1) accessory building or structure for a home industry and storage shall be permitted subject to the following:

• maximum floor area of accessory structure: 245m2

• maximum floor area devoted to home industry: 140m2

• maximum height: 7m

• the accessory structure shall be permitted in front of the dwelling unit, provided it meets the minimum yard requirements for the Rural Residential Exception Nine (RR-9) zone; and,

ii) one (1) accessory building or structure shall be permitted subject to the following:

• maximum floor area of accessory building or structure: 68m2

d) In all other respects, the provisions of this by-law shall apply.

18The Tribunal authorizes the municipal clerk of the Township of Mulmur to format as may be necessary and to assign a number to this By-law for record keeping purposes.

19The Tribunal Orders that, pursuant to Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective on January 9, 2023, being the date of the Oral Decision.

“D. Arnold”

D. ARNOLD

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.