Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 14, 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) – Neglect to make a decision
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: March 29, 2023 by telephone conference call
APPEARANCES:
Parties
Counsel
Jean-Marc and Catherine Beneteau
Jeffrey J. Hewitt
Municipality of Lakeshore
Kenneth Strong
MEMORANDUM OF ORAL DECISION DELIVERED BY AARON J.R. SAUVE AND S. BOBKA ON FEBRUARY 21, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Status Update 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.
6The first Case Management Conference (“CMC”) for this matter was held on February 13, 2023.
PARTICIPANT STATUS REQUEST
7Following the CMC, the Tribunal received a Participant Status request from Jeffrey Lessard dated March 16, 2023. Mr. Lessard is the owner of the property adjacent to the Subject Property and raised concerns regarding the proposal’s use of a shared laneway (for which he has a Registered Easement). Mr. Lessard cited concerns with increased traffic and the potential for regular use by large farm equipment. Counsel for the Appellant did not consent to the Participant Status request due to the lateness of the request and submitted that the issues raised by Mr. Lessard were not germane to the issues raised in this Appeal. The Municipality did not take a position regarding the request. Upon consideration, the Tribunal granted Participant Status to Mr. Lessard, finding that he does have a direct interest as an immediate neighbour and that there is a nexus between the issues raised in this Appeal and those raised by Mr. Lessard.
~~S~~tatus Update
8Counsel for the Parties advised that there have been on-going discussions regarding the resolution of this matter stating that they were very close and were currently finalizing the language. Both Parties requested that another Status Hearing be scheduled.
9The Tribunal scheduled a further Status Update on Wednesday, May 10, 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.
11Prior to the conclusion of the Status Update, Mr. Lessard asked whether he was permitted to attend and speak at the next Status Update. He was advised that the Status Update was open to the public and that as a Participant he was certainly permitted to attend; however, the Tribunal explained that with Participant Status, he was only permitted to express his concerns in writing, unless specifically called upon by the Tribunal. Mr. Lessard then voiced a number of additional concerns, most outside of the jurisdiction of this Tribunal, and stated that he didn’t understand the Tribunal’s rules or process. While sympathetic to the challenges involved in navigating the Ontario Land Tribunal process, the Tribunal made clear that this was not the appropriate time or place to address these additional issues. ORDER
12The Tribunal Orders that:
a. Jefferey Lessard is granted Participant Status;
b. A second Status Update will be held. on Wednesday, May 10, 2023 at 9 a.m. by Telephone Conference Call; and,
c. There will be no further notice and the Panel is not seized.
“Aaron J.R. Sauve”
AARON J.R. SAUVE MEMBER
“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.