Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 09, 2023
CASE NO(S).: OLT-22-003597
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Brian, Joan, and Robert Kerr
Subject: Request to amend the Official Plan – Refusal of request
Description: To sever Subject Lands to create one additional residential lot
Reference Number: OPA-01-21
Property Address: 61 Princess Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No: OLT-22-003597
OLT Lead Case No: OLT-22-003597
OLT Case Name: Kerr v. Niagara-on-the-Lake (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Application to amend the Zoning By-law – Refusal of application
Reference Number: ZBA-04-2021
Property Address: 61 Princess Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No: OLT-22-003598
OLT Lead Case No: OLT-22-003597
PROCEEDING COMMENCED UNDER section 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Consent – a refused by Approval Authority
Reference Number: B-04-22
Property Address: 61 Princess Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No: OLT-22-003599
OLT Lead Case No: OLT-22-003597
Heard: February 01, 2023, by Video Hearing
APPEARANCES:
Parties
Brian Kerr, Joan Kerr, and Robert Kerr
Counsel
Thomas Hanrahan Sam Greenlaw (Articling Student)
Town of Niagara-on-the-Lake
Robert DiLallo
Niagara Peninsula Conservation Authority
Matthew Rutledge
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON FEBRUARY 01, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This matter involves an appeal filed by Brian Kerr, Joan Kerr, and Robert Kerr (the “Appellants”) against the decision of the Town of Niagara-on-the-Lake (the “Town”), which refused an application to Amend the Official Plan (the “OPA”) and an application to Amend the Zoning By-law (the “ZBA”). The Appellants also filed an appeal against the Town’s failure to make a decision on an Application for Consent (the “Consent”) within the timeframe prescribed in the Planning Act, R.S.O. 1990, c.P.13 (the “Act”). The applications affect the lands known municipally as 61 Princess Street (the “Subject Lands”) and the applications were filed to facilitate the proposal to create a new residential building lot located at the northerly portion of the Subject Lands.
2Prior to the commencement of the Hearing, the Parties advised the Tribunal that a settlement had been negotiated and the Parties have entered into Minutes of Settlement (“MoS”) that detail support for the proposal.
3The Appellant filed an Affidavit sworn by land use planner Mary Lou Tanner, dated January 25, 2023, in support of the Settlement. The Tribunal qualified Ms. Tanner to provide opinion evidence as an expert in the area of land use planning. The Tribunal marked the Affidavit as Exhibit 1.
4The Subject Lands are located in the community of Queenston Village in the Town. The Subject Lands are an irregularly shaped lot with a frontage on Princess Street and are presently occupied with a dwelling located towards the southerly end of the Property.
5The uses surrounding the Subject Lands are predominantly residential with the lands immediately to the south, east, and west occupied with single detached dwellings on lots of varying sizes. To the north of the Subject Lands are conservation lands owned by the Niagara Parks Commission. These lands include a slope which falls away from the Property towards the River Frontage Road.
SETTLEMENT PROPOSAL
6The Settlement Proposal proposes the creation of a new residential building lot at the northern end of the Subject Lands having a frontage of 27 metres (“m”) on Princess Street, a depth of 27 m, and an area of 647 square metres (“m2”). The existing dwelling and