Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 21, 2023
CASE NO(S).: OLT-22-004520
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Edward Kirk Schriefer and Ruth Anne Schriefer
Subject: Consent
Description: An application for consent to create one new residential lot
Reference Number: B-19/22
Property Address: 12 Lorraine Street
Municipality/UT: Niagara on the Lake/Regional Municipality of Niagara
OLT Case No.: OLT-22-004520
OLT Lead Case No.: OLT-22-004520
OLT Case Name: Schriefer v. Niagara-on the lake (town)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Edward Kirk Schriefer and Ruth Anne Schriefer
Subject: Minor Variance
Description: In respect of the retained lot, an application to recognize reduced lot frontage, lot area and other zoning deficiencies
Reference Number: A-27/22
Property Address: 12 Lorraine Street
Municipality/UT: Niagara on the Lake/Regional Municipality of Niagara
OLT Case No.: OLT-22-004521
OLT Lead Case No.: OLT-22-004520
OLT Case Name: Schriefer v. Niagara-on the lake (town)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Edward Kirk Schriefer and Ruth Anne Schriefer
Subject: Minor Variance
Description: In respect of the lot to be created, an application to recognize the reduced lot frontage, and lot area
Reference Number: A-28/22
Property Address: 12 Lorraine Street
Municipality/UT: Niagara on the Lake/Regional Municipality of Niagara
OLT Case No.: OLT-22-004522
OLT Lead Case No.: OLT-22-004520
OLT Case Name: Schriefer v. Niagara-on the lake (town)
Heard: February 16, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Edward Kirk Schriefer, Ruth Anne Schriefer
S. Premi
Town of Niagara-on-the-Lake
C. Shedden
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN AND M.A. SILLS ON FEBRUARY 16, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a Settlement hearing in the matter of appeals by Edward Kirk Schriefer and Ruth Anne Schriefer (“Owners) from the refusal of the Town of Niagara-on-the-Lake (“Town”) Committee of Adjustment (“COA”) of minor variance applications for the property located at 12 Lorraine Street (“subject property”/“Site”), pursuant to s. 45(12) of the Planning Act (“Act”). A concurrent application for Provisional Consent was granted by the COA subject to the fulfillment of conditions, one being that the Owners obtain approval of minor variance applications A-27/22 and A-28/22 (Condition 8). The Owners have also appealed Condition 8 of Consent approval, pursuant to s. 53(19) of the Act.
SUBJECT PROPERTY AND THE SURROUNDING CONTEXT
2The subject property is located on the north side of Lorraine Street in Virgil and currently maintains a single-family detached dwelling and an accessory building. The subject property has 26 metres (“m”) of street frontage, a lot depth of 48 m, and is approximately 0.12 hectares in size. The subject property is zoned Residential (R1) by Zoning By-law No. 4316-09 (“ZBL”).
3The Site is surrounded by single detached dwellings to the east, west and south. To the north there is a car dealership and a grocery store. No part of the subject property is within the Niagara Peninsula Conservation Authority’s regulated lands.
4In order to regularize the retained lot (Part 1) and the severed lot (Part 2) concurrent minor variance applications were also submitted as follows:
Part 1:
- Minimum lot area from the required 668 square metres (“m2”), to 605.5 m2;
- Minimum lot frontage from the required 18.0 m to 13.95 m;
- Minimum side yard setback from the required 1.5 m to 0.58 m for the existing dwelling;
- Maximum encroachment into a side yard setback from the required 0.6 m to 1.4 m for the existing wooden deck;
- Minimum rear yard setback for an accessory structure from the required 1.5 m to 0.0 m for the existing metal sided shed (no longer required, as the shed will be removed); and
- Maximum lot coverage for accessory buildings from the required 8% to 9.5%.
Part 2:
- Minimum lot area from the required from 668 m2 to 525.2 m2;
- Minimum lot frontage from the required from 18.0 m to 12.0 m.
5The Town and the Owners reached a settlement in accordance with the duly constituted Minutes of Settlement.
PLANNING ANALYSIS
6Aaron Butler, a Registered Professional Planner and Member of the Canadian Institute of Planners and the Ontario Professional Planners Institute, was qualified by the Tribunal to provide expert land use planning evidence and opinion in regard to the minor variance applications.
7In his opinion, the proposed development of one single detached dwelling on a newly created lot is appropriate for the Site. The subject lands are within the Urban Area and the Built-up Area of the Town and has been identified for infill development.
8Mr. Butler specifically directed the Tribunal’s attention to the applicable sections of the Provincial Policy Statement 2020 (“PPS”), specifically, s. 1.1.1, 1.1.2, 1.1.3.1, 1.1.3.2, 1.1.3.3, 1.4.3, 1.6.6.2. In is his contention that the proposed development will support healthy, liveable and safe communities, while making efficient use of land and resources utilizing existing infrastructure and public service facilities.
9The A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2020 (“GP”) builds on the policies of the PPS and must be read in conjunction with the PPS. The intent of the GP is to promote economic growth, increase housing supply, create jobs and build communities that are healthy and affordable for people of all ages. The subject lands are located within the delineated built-up area with existing servicing infrastructure where growth and intensification is expected to occur. The minor variances facilitate the creation of a new lot that is intended to be developed with a dwelling.
10In the same vein, the consent proposal conforms to the policies of the Region of Niagara Official Plan (“RNOP”) and the Town of Niagara-on-the-Lake Official Plan (“NOP”). The severed lot is of adequate size to accommodate a single-detached home which will compliment the built-form and scaling of the existing dwellings adjacent to and within the vicinity of the Site.
11Overall, it is Mr. Butler’s opinion that the minor variances meet the four tests sets out in s. 45 (1) of the Act. The intent and purpose of the OP and the zoning by-law is being maintained and the variances are minor in nature. The variances will facilitate the development of the lot in a manner that is desirable for the appropriate development and use of the subject property.
12The proposal provides an opportunity for infill development within the existing settlement area of Virgil, nearby amenities such as schools, parks and community facilities. Based on his comprehensive review and planning analysis it is Mr. Butler’s professional opinion that the requested variances fulfill the criteria of s. 45(1) of the Act, and should be approved.
FINDINGS
13The Tribunal accepts the uncontested land use planning evidence and opinions of Mr. Butler, and finds that the variances satisfy the criteria established in s. 45(1) of the Act. The general intent and purpose of the OP and the ZBL is being appropriately maintained. The Tribunal finds that the variances are desirable for the appropriate use of the land, are minor in nature and do not result in the creation of unacceptable adverse impacts.
14The variances will result in the creation of a new residential lot within a residential area where infill development is expected to occur. The Tribunal finds that the applications will facilitate a land use which is desirable and accords with the principles of good land use planning and in the public interest.
15The Tribunal having determined that the variances warrant approval, Condition 8 of Consent approval is satisfied.
ORDER
16THE TRIBUNAL ORDERS that the appeal is allowed in part and the variances to By-law No. 4316-09, save and except Variance 5 to Part 1, are authorized.
17THE TRIBUNAL FURTHER ORDERS that the appeal of Condition 8 of Consent approval is dismissed for mootness.
“P. Tomilin”
P. tomilin
MEMBER
“M.A. Sills”
m.a. sills
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.