Ontario Land Tribunal Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 14, 2023
CASE NO(S).: OLT-22-004357
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Bryan and Jennifer Beaudoin
Subject: Application to amend the Zoning By-law – Appeal of Decision
Description: To permit a modular home as a secondary dwelling unit
Reference Number: R-07 12022
Property Address: 1620 St. Clair Parkway
Municipality: Township of St. Clair
OLT Case No.: OLT-22-004357
OLT Lead Case No.: OLT-22-004357
OLT Case Name: Beaudoin v. St Clair (Township)
Heard: February 3, 2023 by video hearing
APPEARANCES:
Parties Counsel
Bryan Beaudoin Jennifer Beaudoin Self-represented
Township of St. Clair Ken Strong
MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON FEBRUARY 3, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) before the Ontario Land Tribunal (“Tribunal”), with respect to an appeal under subsection 34(11) of the Planning Act by Bryan and Jennifer Beaudoin (“Appellants”) from the refusal by the Council of the Township of St. Clair (“Township”) to pass a Zoning By-law Amendment (“ZBA”) to the Township’s Zoning By-law No. 17 of 2003 (“Township’s ZBL”), pertaining to lands municipally known as 1620 St. Clair Parkway in the Township (“Subject Property”).
PURPOSE OF THE ZBA
2There was disagreement between the Parties regarding the purpose of the ZBA:
a. The Township’s understanding was that the Appellants sought the ZBA in order to allow for a modular home to be placed on the Subject Property and become a permanent secondary dwelling unit.
b. At the CMC, Mr. Beaudoin clarified that the Appellants did not want to make a modular home a permanent fixture on the Subject Property. Rather, they wanted to turn their current garage into a secondary dwelling on the Subject Property, which the Township’s ZBL allows. Specifically, the Township’s ZBL allows for secondary dwelling units that are in the basement of the primary dwelling, located in an attached garage, or located within a detached garage (which is the Appellants’ intention in this case). The Township’s ZBL has certain restrictions with respect to second dwellings, and the Appellants seek an amendment to the following two restrictions:
i. The Appellants would like the maximum area of the unit to be revised from approximately 67 square metres (“m²”) to approximately 102 m².
ii. The Appellants would like the secondary dwelling unit to be approximately 47.5 metres (“m”) from the primary dwelling versus 10 m as specified in the Township’s ZBL. The reason for this is that their current garage, which is to be converted to the secondary dwelling, is currently situated approximately 47.5 m away from the primarily dwelling, and the Appellants do not want to change the location of the existing garage.
3Mr. Beaudoin stated that he had explained all of this to the Township’s Council at the Council meeting. However, at that time, he had had a temporary modular home on the Subject Property, which he had considered attaching to the existing garage and converting the modular home to the permanent secondary dwelling, still as part of the detached existing garage and in accordance with the Township’s ZBL. According to Mr. Beaudoin, the Township’s Council misunderstood his request and thought that he sought to install his modular home, measuring 15 feet wide by 72 feet long, permanently on the Subject Property to act as a secondary dwelling. As such, on July 11, 2022, the Township’s Council denied the ZBA, on the basis that the Appellants could not be allowed to install a modular building as a secondary dwelling unit on the Subject Property.
4Mr. Beaudoin also confirmed that the Appellants’ purpose in bringing forward this ZBA application had nothing to do with the modular home. In fact, he had since removed the modular home from the Subject Property entirely. He simply sought to create a secondary dwelling within his existing detached garage, with the modifications to the Township’s ZBL as described at paragraph [2] of this Decision.
5In short, at the CMC, it became apparent that there is a discrepancy between the Township’s understanding of what ZBA is being sought and what the Appellants are actually seeking. The Township, upon hearing that the modular home was not being proposed as an addition, and had in fact been removed from the Subject Property, requested that the Appellants provide an updated plan with respect to their intentions. Specifically, the Township requested that the Appellants clarify what type of secondary dwelling they intended to create within the existing detached garage, along with some particulars of their plans.
6Mr. Beaudoin agreed to provide a written explanation of the Appellants’ intentions and plans by February 17, 2023. The Township agreed that it would then review these plans and make a determination with respect to how to proceed in the current appeal. As such, a second CMC is required, and has been scheduled to take place on Wednesday, April 26, 2023 (“Second CMC”).
7By Monday, March 27, 2023, the Parties are to provide an update to the Tribunal. The Tribunal directs that Parties are to provide the Tribunal’s Case Coordinator with a summary of their discussions, and specifically, with the Township’s position on the ZBA that the Appellants are seeking, in light of the fact that the modular home is no longer at issue.
ISSUES WITH NOTICE
8The Appellants served the Notice of the CMC, and provided the Affidavit of Service of Jennifer Beaudoin, sworn on January 3, 2023 (“AOS”). The AOS did not confirm who had been served and whether a copy of the Notice of CMC had been provided.
9At the CMC, the Township’s Counsel advised that the Township had not received a copy of the AOS, and that the Township may require additional Notice to be provided in this matter. Direction was given for the Township to provide their position on Notice within one week after the first CMC.
10On February 8, 2023, the Township advised that it would like notice to be given for the second CMC. As a result, the second CMC will proceed with Notice. As discussed at the CMC, the Tribunal directed that the Township serve the Notice of the second CMC in accordance with the Tribunal’s required timelines to those who should receive Notice. The Case Coordinator will provide direction to the Township with respect to service of the Notice for the Second CMC.
PARTY/PARTICIPANT STATUS REQUESTS
11The Tribunal received no requests for status (Party or Participant) before or at the CMC.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
12The Parties did not produce a draft Procedural Order (“PO”) and Issues List (“IL”). However, the Parties have agreed to clarify the framework of this appeal, and to provide a PO and IL prior to the Second CMC.
13The Tribunal directed that the Parties submit an agreed-upon draft PO and IL prior to the Second CMC, by Wednesday, April 19, 2023.
14If the Parties are unable to provide an agreed-upon IL, any unresolved issues can be addressed at the Second CMC.
MEDIATION AND SETTLEMENT
15The Tribunal raised the issue of opportunities for settlement discussions, including the use of Tribunal-assisted mediation. Due to the clarifications required in this matter, settlement discussions had not taken place. However, the Parties plan to engage in discussions prior to the Second CMC. A clarification of the Appellants’ appeal may assist in resolving some outstanding issues.
16The Parties are directed to advise the Tribunal in writing should they reach a settlement with respect to some or all of the issues and, should they wish to pursue Tribunal-assisted mediation, they may make a written request to the Tribunal through the Case Coordinator for those services.
SECOND CMC
17Due to the various issues described above, a further CMC was scheduled to take place on Wednesday, April 26, 2023, at 10 a.m. to address the nature of this application, as well as procedural matters with respect to a Hearing.
18On Wednesday, April 26, 2023, Parties and Participants 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:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access code: 692-665-589
19Parties 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
20Persons 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 692-665-589 .
21Individuals 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.
ORDER
22The Tribunal Orders as follows:
The Parties are to provide an update to the Tribunal’s Case Coordinator regarding this appeal and any changes to it by Monday, March 27, 2023;
The Parties shall submit a draft Procedural Order and Issues List for the Tribunal’s review and approval by Wednesday, April 19, 2023; and,
A second CMC is scheduled to take place on Wednesday, April 26, 2023, at 10 a.m., and one (1) day has been set aside. The Township is to provide notice of this CMC in accordance with the directions provided by the Tribunal.
23The Member is not seized, but may be contacted through the Case Coordinator should procedural issues arise.
“Bita M. Rajaee”
BITA M. RAJAEE 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.