Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 06, 2023
CASE NO(S).: OLT 22-004716 OLT-22-004544 OLT-22-004778
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: See Schedule A
Subject: Zoning By-law No. 22-075
Description: New Township of Tiny comprehensive zoning by-law
Reference Number: 22-075
Property Address: Township-wide
Municipality/UT: Township of Tiny/County of Simcoe
OLT Case No.: OLT-22-004716
OLT Lead Case No.: OLT-22-004716
OLT Case Name: Leblovic v. Tiny (Township)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant 1: Good Neighbours Tiny
Appellant 2: Tiny Township Association of Responsible STR Owners
Subject: Zoning By-law No. 22-061
Description: To amend Zoning By-law 22-061 to establish policies for Short-Term Rental Accommodations
Reference Number: 22-061
Property Address: Township-wide
Municipality/UT: Township of Tiny/County of Simcoe
OLT Case No.: OLT-22-004544
OLT Lead Case No.: OLT-22-004544
OLT Case Name: Good Neighbours Tiny v. Tiny (Township)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Good Neighbours Tiny
Subject: Proposed Official Plan Amendment
Description: To establish new policies to accommodate Short-Term Rental Accommodation in Tiny Township
Reference Number: By-Law 22-060
Property Address: Township Wide
Municipality/UT: Township of Tiny/County of Simcoe
OLT Case No.: OLT-22-004778
OLT Lead Case No.: OLT-22-004778
OLT Case Name: Good Neighbours Tiny v. Tiny (Township)
PROCEEDING COMMENCED UNDER subsection 34(31) of the Planning Act, 2021, S.O. 2021, c. 4, Sched. 6
Motion By: Township of Tiny
Purpose of Motion: Request to bring into Force and Effect
Subject: Zoning By-law No. 22-075
Municipality: Township of Tiny
Heard: March 24, 2023 by video hearing
APPEARANCES:
Parties Counsel
Tiny Township Association of Responsible STR Owners Jonathan Nehmetallah
Good Neighbours Tiny Steve Saltsman
CRH Canada Group Jonathan Kahn
Federation of Tiny Township Shoreline Association Joseph Castrilli
Nicholas Leblovic Self-represented
Tiberiu Cioci Stephanie Fleming and Russell Cheeseman (In absentia)
Township of Tiny Sarah Hahn and Matthew Hodgson
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON MARCH 24, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference to organize the five appeals brought against the passage of comprehensive Zoning By-law No. 22-075 for the Township of Tiny (“Township”). The Affidavit of Service was filed and marked as Exhibit 1.
2By-law No. 22-075 incorporates the provisions enacted through By-law No. 22-061 regulating short term rentals across the Township which have been appealed variously by Good Neighbours Tiny and Tiny Township Association of Responsible STR Owners (“Responsible STR Owners”), and therefore the appeals of Zoning By-law Amendment No. 22-061, and By-law No. 22-060, being the by-law to enact Official Plan Amendment 2, respectively OLT 22-004544 and OLT 22-004778, will be heard together with the appeals of sections 2.28, 3.8.1 and 7.0 of By-law No. 22-075, (Hearing (iii) set out in paragraph 6 below).
3The three other appeals were brought by: (1) Nicholas Leblovic against s. 2.5.1, the proposed regulation of boathouses adjacent to Georgian Bay shoreline (Hearing (i) set out in paragraph 6 below); (2) Tiberiu Cioci against the zoning of specific lands as proposed on Schedule A, Maps 25-27, Schedule B, and Map 10 (Hearing (ii) set out in paragraph 6 below); and (3) CRH Group Canada Inc (“CRH”) against site specific polices that limit the expansion of an aggregate extraction operation. The CRH appeal was subject of a February 2023 decision of the Tribunal, which granted both the necessary amendments to the Official Plan and Zoning By-law, and therefore, the site specific appeal of By-law No. 22-075 is also subject of a Motion, all as set out in detail below.
4The Township brought a Motion pursuant to s. 34(31) of the Planning Act seeking to have the Tribunal approve By-law No. 22-075 save and except to the extent the By-law remains under appeal on a section specific or site specific basis. Concomitant with that request is a request for an Order amending By-law No. 22-075 to permit a “Mineral Aggregate Resources” zone on lands subject of a decision of the Tribunal issued in February 2023 in accordance with that decision. The Federation of Tiny Township Shoreline Association was a Party to that hearing, and therefore requested and was granted Party status to this proceeding.
5The Motion was supported by the sworn Affidavit, of Shawn Persaud, the Director of Planning for Tiny Township, dated March 8, 2023.The Tribunal also heard viva voce summary evidence on both the Motion to enact and the Order pursuant to s. 34(31) of the Planning Act, and the CHR appeal to By-law No. 22-075 to carry forward the approvals previously granted. The Tribunal is satisfied that the requests represent good planning, and are in the public interest.
6The Tribunal therefore set down three (3) separate hearing dates to hear the appeals as follows:
(i) A one (1) day hearing has been scheduled for Thursday, June 22, 2023, commencing at 10 a.m. to hear the appeal brought by Nicholas Leblovic against s. 2.5.1 of By-law No. 22-075;
GoTo Meeting: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 719-383-509
(ii) A one (1) day hearing has been scheduled for Tuesday, June 27, 2023, commencing at 10 a.m. to hear the appeal brough by Tiberiu Cioci against the site specific zoning of certain lands as shown on the various maps and schedules to By-law No. 22-075;
GoTo Meeting: https://global.gotomeeting.com/join/719383509
Access code: 719-383-509 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 719-383-509
(iii) A five (5) day hearing has been scheduled to commence Monday, October 23, 2023, at 10 a.m. to hear the appeals brought by the Responsible STR Owners and Good Neighbours Tiny against both By-law No. 22-061 and By-law No. 22-075, to be heard together with the appeal brought by Good Neighbours Tiny against Official Plan Amendment 2, being By-law No. 22-060;
GoTo Meeting: https://meet.goto.com/680885805
Access code: 680-885-805 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 680-885-805
7Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
8Parties 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
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
10Individuals 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
11THE TRIBUNAL HEREIN ORDERS that the Motion to bring into effect all portions of By-law No. 22-075 not subject of an appeal, is granted pursuant to s. 34(31) of the Planning Act;
a. THE TRIBUNAL FURTHER ORDERS that the Federation of Tiny Township Shoreline Association is granted Party status to the CHR appeal of By-law No. 22-075;
b. THE TRIBUNAL FURTHER ORDERS THAT By-law No. 22-075 is amended in accordance with Attachment 1, appended and forming part of this Order.
c. And finally, THE TRIBUNAL ORDERS that the hearing dates set out above have been scheduled to hear the merits of the appeals, each to be governed by a Procedural Order, to be issued separately, but read in conjunction with this Order.
12The Member is not seized but will continue to case manage these appeals.
13No further notice is required.
“Sharyn Vincent”
Sharyn Vincent
VICE-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.