Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 21, 2023
CASE NO(S).: OLT-22-003763 (Formerly PL170795)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: William Boyer and Barbara Boyer
Subject: Application to amend Zoning By-law No. 2016-160 – Refusal of Application by Township of Muskoka Lakes
Description: To recognize the two parcels as one lot for planning purposes, and will prohibit Public Beach as a permitted use on the waterfront lot, will only permit a dock, one-storey boathouse, sundeck, stairs, ramps and landings on the waterfront lot, and will also prohibit a dwelling and sleeping cabin on the waterfront lot
Reference Number: 2016-160
Property Address: Part of Lots 9 and 10, Concession 5
Municipality/UT: Township of Muskoka Lakes
OLT Case No.: OLT-22-003763
Legacy Case No.: PL170795
OLT Case Name: Boyer v. Muskoka Lakes (Township)
Heard: December 15, 2023, by Telephone Conference Call
APPEARANCES:
Parties
Counsel
William and Barbara Boyer (the “Appellants”)
Iain Donnell
Township of Muskoka Lakes
John Ewart
Gordon and Susan Dorrett
Edward Veldboom
MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P BISHOP ON DECEMBER 15, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Telephone Conference Call (“TCC”) was set to get an update on the progress that is being made toward bringing this matter to a conclusion. The Decision of the Tribunal, which was issued on December 15, 2021, gave directions to the Parties to complete certain tasks. In this Decision, the Tribunal did not set timelines for certain deliverables and this TCC was organized to clarify paragraphs 62 and 63 of the original Decision, discuss the expectations of the Tribunal and start the clock on setting timelines.
2At the outset, there is confusion within the original Decision that requires clarification. In paragraph 63, the Tribunal states: “Parking to within 50 feet of the lake…” but in paragraph 62 the Tribunal states that: “The Tribunal finds it reasonable to allow the parking area to be positioned within 50 feet of the lake…..”. The wording in paragraph 63 is correct, and therefore paragraph 62 is amended to read: “The Tribunal finds it reasonable to allow the parking area to be positioned to within 50 feet of the lake….”
3As stated in paragraph 63 of the Decision, the Tribunal could not determine whether parking is possible with the information that was available at the original Hearing. Instead of simply dismissing the Appeal, the Tribunal directed the Appellants to supply the proper information that will allow a full and accurate assessment of the parking. The Tribunal will not accept a broad drafting of the proposed Zoning By-law Amendment (“ZBA”) that ultimately requires the need for yet another planning application to be submitted to resolve deficiencies against the parent Zoning By-law standards.
4Mr. Donnell, counsel for the Appellants, is new to this Appeal and requires some time to familiarize himself with the file. He has committed to work directly with all Parties to bring this matter to a conclusion. On consent of all Parties and the Tribunal, an update will be delivered to the Tribunal by no later than Thursday, February 15, 2024. The minimum requirement is the production of the existing Plan of Survey completed for the Appellants, to be delivered to all Parties and the Tribunal. There is hope that more work can be completed to meet the needs for the formulation of a more concise draft ZBA. If this is not the case, the Parties will work together and suggest timelines for further work. The Tribunal expects the suggested timelines to be delivered as part of the update, no later than Thursday, February 15, 2024.
5If any disputes arise over the fulfillment of these directives, the Case Coordinator can be contacted to organize a further TCC with the Alternate Chair.
ORDER
6At minimum, the existing Plan of Survey will be delivered to the Parties and the Tribunal on or before Thursday, February 15, 2024. Further timelines for other deliverables will also be due on the above date.
7The Tribunal may be spoken to, through the case coordinator, if any issues arise from this decision.
“G.C.P. Bishop”
G.C.P. BISHOP
ALTERNATE-CHAIR
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.