Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 13, 2023
CASE NO.: OLT-22-002269
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tammy Abbotts Subject: Application to amend Zoning By-law No. 2018-65 - Refusal or neglect of Town of The Blue Mountains to make a decision Existing Zoning: Residential One (R1-1) Proposed Zoning: Residential Two (R2) Purpose: To permit the creation of lots for 22 semi-detached dwellings Property Address/Description: Lots 35-39, SW Side of Bay Street Municipality: Town of The Blue Mountains Municipality File No.: P2832 OLT Case No.: OLT-22-002269 Legacy Case No.: PL210156 OLT Lead Case No.: OLT-22-002269 Legacy Lead Case No.: PL210156 OLT Case Name: Abbotts v. Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Tammy Abbotts Subject: Proposed Plan of Subdivision - Failure of County of Grey to make a decision Purpose: To permit the creation of lots for 22 semi-detached dwellings Property Address/Description: Lots 35-39, SW Side of Bay Street Municipality: Town of The Blue Mountains Municipality File No.: 42T-2019-02 OLT Case No.: OLT-22-002272 Legacy Case No.: PL210152 OLT Lead Case No.: OLT-22-002269 Legacy Lead Case No.: PL210156
BEFORE:
S. TOUSAW VICE-CHAIR
Friday, the 13th day of January, 2023
THIS MATTER having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on May 24, 2022 and the Tribunal, in its Decision issued on June 10, 2022 (the “Decision”) having allowed, in part, the appeals of the zoning by-law amendment application and the draft plan of subdivision application;
AND THE TRIBUNAL having withheld its Final Order until such time that the Town of the Blue Mountains advises it has passed the Open Space Zoning By-Law Amendment for the depicted Tree Preservation Area in the portion of the unopened road allowance, and the time for initiating all appeals of the Open Space Zoning By-Law Amendment has expired;
AND THE TRIBUNAL having been advised that the Town of Blue Mountains has initiated and passed Zoning By-law 2022-86 and received no appeals;
THE TRIBUNAL ORDERS that its Decision of June 10, 2022, including paragraphs 163 through 165, now constitutes a Final Order.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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.