Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 19, 2023

CASE NO(S).: OLT-23-000619

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Matthew Paric Subject: Request to amend the Official Plan – Refusal of request Description: To permit the development of a single detached dwelling and accessory structures on private water and wastewater services Reference Number: OP-2021-02 Property Address: 270 Burns Boulevard and 31 Winter Road Municipality/UT: Township of King/Regional Municipality of York OLT Case No.: OLT-23-000619 OLT Lead Case No.: OLT-23-000619 OLT Case Name: Paric v. King (Township)

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

Applicant/Appellant: Matthew Paric Subject: Application to amend the Zoning By-law – Refusal of application Description: To permit the development of a single detached dwelling and accessory structures on private water and wastewater services Reference Number: Z-2021-07 Property Address: 270 Burns Boulevard and 31 Winter Road Municipality/UT: Township of King/Regional Municipality of York OLT Case No.: OLT-23-000620 OLT Lead Case No.: OLT-23-000619

Heard: October 26, 2023 by Video Hearing

Parties and Counsel

Matthew Paric ("Paric") Counsel: Alex Lusty

Township of King ("Township") Counsel: Tom Halinski

MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON OCTOBER 26, 2023 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the first Case Management Conference for this matter regarding applications for an Official Plan ("OP") amendment and Zoning By-Law amendment ("ZBA") to permit the development of a single detached dwelling and accessory structures. The proposed development includes a dwelling, garage, pool and pool house to be serviced by a private well and private sewage system.

2The two properties municipally known in King City in the Township of King, are 270 Burns Boulevard and 31 Winter Road ("subject lands"). The property at 270 Burns Boulevard is a vacant registered lot in Plan 65M2392 and measures 2.05 hectares with 10 metres of frontage and consists of wetlands, woodlands and tablelands. The property at 31 Winter Road is a residential lot measuring 0.114 hectares with 60 metres of frontage and supports a dwelling and detached garage. The neighbourhood consists of large lots developed with single detached dwellings and consisting of mature vegetation. The area also includes a large Provincially Significant Wetland east of the subject properties known as the King-Vaughan Significant Wetland Complex.

3The Township issued a Notice of Refusal regarding the applications on May 30 2023.

4The Affidavit of Service of Olga Karmanova sworn September 28, 2023 is marked as Exhibit 1.

PARTY AND PARTICPANT STATUS REQUESTS

5The Tribunal received one Party Status Request from Sonia Thapar. Neither Ms. Thapar nor her Counsel, Rajesh Thapar, were able to attend this CMC due to a scheduling conflict. However, Ms. Thapar had ensured that the Tribunal and the Parties had been made aware of the situation prior to the CMC and asked that the request be approved in their absence. Neither Party raised an objection to the Party Status Request as Ms. Thapar is a direct neighbour to the subject lands. The Tribunal adjourned the Party Status Request until the next CMC to ensure that the prospective Party is aware of the rights and obligations that flow from being designated as a Party, and so that it may be determined how they might plan to take part in the Hearing, such as by the calling of witnesses.

6The Tribunal did not receive any requests for Participant status.

NEXT STEPS

7The Tribunal was made aware of a related Consent Application ("CA") that is also being appealed regarding the same properties. The nature of the CA is to sever a portion of the northerly area of 1631 Winter Road and join it to Burns Blvd. to provide access to Burns Blvd. from Winter Road. The Township indicated that they would not oppose the consolidation of the matters as it "makes sense" for the matters to be heard together.

8The Parties indicated that they will be in contact with the Case Coordinator to discuss the consolidation of the matters.

9A further CMC was scheduled for Tuesday, January 09, 2024 at 10 a.m., at which time the matters should be consolidated.

10A draft Procedural Order and Issues List is to be submitted to the Tribunal by Monday, December 18, 2023.

11The Hearing is scheduled to proceed by video on Tuesday, January 09, 2024 at 10 a.m. by video.

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://meet.goto.com/558205565

Access Code: 558-205-565

13Persons who experience technical difficulties accessing the GoToMeeting application or 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. 558-205-565.

14Parties 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

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.

ORDER

16THE TRIBUNAL ORDERS that the dates and particulars of the CMC are as set out above.

17The Member is not seized but may be spoken to through the Case Coordinator should any issues arise.

18No further notice is required.

"A. Sauve"

A. SAUVE 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.