Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 07, 2023
CASE NO(S).: OLT-22-004221
PROCEEDING COMMENCED UNDER section 36(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Jean-Marc & Catherine Beneteau
Subject: Application to remove Holding Symbol (h9) – Application denied
Description: Purpose to remove the Holding Symbol (h9) from the lands
Reference Number: ZBA-6-2022
Property Address: Part of Lot 14, Concession 1
Municipality/UT: Lakeshore/Essex
OLT Case No: OLT-22-004221
OLT Lead Case No: OLT-22-004221
OLT Case Name: Beneteau v. Lakeshore (Municipality)
Heard: February 13, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Jean-Marc and Catherine Beneteau | Jeffrey J. Hewitt |
| Municipality of Lakeshore | Kenneth Strong |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON FEBRUARY 13, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding an appeal by Jean-Marc and Catherine Beneteau (“Appellant”) pursuant to s. 36(3) of the Planning Act with respect to the denial by the Municipality of Lakeshore (“Municipality”) of the Appellant’s application for a Zoning By-law Amendment (“ZBA”). The proposed application would remove the Holding Symbol (h9) (“H-symbol”) from the lands legally described as Part of Lot 14, Concession 1, East of Belle River, Rochester designated as Parts 5-10, 14-65, 69-75 and 77 on Plan RD 131, being all of the Property Identifier Numbers 75028-0120 to 75028-0185 (LT) (“Subject Property”).
2The Subject Property is 51.13 acres in area, is currently vacant and is located north of Highway 401 on the east side of County Road 27 in the Community of Rochester. There are Hydro One lands that intersect the Subject Property north-south creating two separate conveyable lots: one east of the Hydro One lands (approx. 40.23 acres), and one west of the Hydro One lands with frontage on County Road 27 (approx. 10.17 acres).
3The proposed ZBA application is to remove the H-symbol (which permits only existing uses) from the Subject Property’s zoning. The purpose of the H-symbol was to ensure a 64-lot residential subdivision did not develop on what has always been an agricultural farm field.
4With the H-symbol removed, additional uses permitted under the Agricultural (A) zone could be developed on the Subject Property. Specifically, this could include residential uses, such as one single-detached dwelling, on the parcel west of the Hydro One lands with frontage on County Road 27; no building or structure can be erected on the parcel east of the Hydro One lands as it has no frontage upon a street.
5Municipal planning staff recommended that the application be approved and the H-symbol removed, which would remove the requirement that a subdivision agreement be executed by the owner and the development receive final approval by the County. At a July 6, 2022 special meeting of the Council of the Municipality of Lakeshore the resolution to approve the application lost on a tie vote, meaning that the application was denied.
6Notice of this CMC was issued by the Tribunal on December 8, 2022 and no concerns regarding the Notice were raised. The Tribunal did not receive any requests for Party or Participant status.
Status Update
7Counsel for the Parties explained that there have been on-going discussions regarding the resolution of this matter. In the absence of any Party or Participant requests at this CMC, the Parties advised that they are optimistic that settlement can be achieved. It was their joint suggestion that a Status Update be scheduled in approximately six weeks, at which time they would advise the Tribunal either that a settlement hearing could be scheduled or that a second CMC would be required.
8The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the Case Coordinator should they wish to pursue this option.
Scheduling of Future Hearings
9The Tribunal scheduled a Status Update for Wednesday, March 29, 2023 at 9 a.m. by Telephone Conference Call.
10Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
11The Tribunal Orders that:
a. A Status Update will be held at 9 a.m. on Wednesday, March 29, 2023 by Telephone Conference Call;
b. There will be no further notice and this Member is not seized.
“S. Bobka”
S. BOBKA 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.