Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 24, 2023
CASE NO(S).: OLT-22-004719
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glencedar Inc.
Subject: Official Plan Amendment
Description: To permit existing built form to be used as new resort/tourist establishment
Property Address: 1297 Kashagawigamog Lake Road
Municipality/UT: Minden Hills/Haliburton
Municipal File No.: PLOZA2021051
OLT Case No.: OLT-22-004719
OLT Lead Case No.: OLT-22-004719
OLT Case Name: Glencedar Inc. v. Minden Hills (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glencedar Inc.
Subject: Zoning Bylaw Amendment
Description: To permit existing built form to be used as new resort/tourist establishment
Property Address: 1297 Kashagawigamog Lake Road
Municipality/UT: Minden Hills/Haliburton
Municipal File No.: PLOZA2021051
OLT Case No.: OLT-22-004720
OLT Lead Case No.: OLT-22-004719
OLT Case Name: Glencedar Inc. v. Minden Hills (Town)
Heard: April 3, 2023 video hearing
APPEARANCES:
Parties
Glencedar Inc. (the “Appellant”) Township of Minden Hills (the “Township”)
Counsel
L. Longo J. Ewart
MEMORANDUM OF ORAL DECISION DELIVERED on april 3, 2023 BY STEVEN T. MASTORAS AND DEBRA ARNOLD AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter is before the Tribunal as a Case Management Conference (“CMC”) relating to appeals by Glencedar Inc. (“Appellant”) of a Township of Minden Hills Council (“Township Council”) decision to refuse the Appellant’s applications for a Zoning By-law Amendment (“ZBA”) and Official Plan Amendment (“OPA”) under s. 34(11) and s. 22(7) of the Planning Act (“Act”) respectively pertaining to the lands municipally known as 1297 Kashagawigamog Lake Road (the “Subject Lands”).
2The Subject Lands are used for residential purposes currently with multiple dwellings located thereon. The proposed OPA would redesignate the Subject Lands as “Special Policy Waterfront – OPA 16 and permit a new waterfront commercial (non-residential) use on the Subject Lands. The proposed ZBA would rezone the Subject Lands from Shoreline Residential (SR) to Recreation Commercial Exception Twenty-One (C3-21) with site-specific exemptions pertaining to the range of permitted uses, lot area and coverage, frontage, buffers and height.
3The Tribunal entered into evidence as Exhibit 1 the Affidavit of Service of Natalie Hickey sworn March 14, 2023 and is satisfied that same demonstrates proper notice such that no further notice is required in these proceedings.
PARTICIPANT STATUS REQUESTS
4At the hearing, the Tribunal considered three (3) requests for Participant Status:
- Robert Shields and Allison Barrow (Jointly as Participants)
- Debbie Fitzsimmons, and
- Lake Kashagawigamog Organization (“LKO”), a non-share corporation, by its President, Jan Gerrow. The Tribunal requested clarification related to Ms. Gerrow’s Participant Status request form, which was lacking clarity on the question of whether her request was accompanied with a formal authorization from the Board of Directors of the LKO to appear on its behalf. Ms. Gerrow agreed to provide the Tribunal with this authorization, and the matter proceeded.
5The Parties did not object to the Participant Status requests and the Tribunal is satisfied that there are genuine land use planning issues being raised by the persons requesting participant status in these proceedings.
PROCEDURAL ORDER, ISSUES LIST, AND REQUEST FOR SECOND CMC
6The Parties informed the panel that there was no Draft Procedural Order including an Issues List (“DPO”) before the Tribunal for its consideration at this time, because the Parties were consulting further on the matter, and assessing whether a settlement of the appeals could be achieved in the immediate future.
7The Parties requested that the Tribunal schedule a further CMC allowing time for the Parties to continue the settlement dialogue and to allow an opportunity for the Township’s Council to further provide direction on the matter following its next scheduled meeting of April 6, 2023. If a settlement between the parties is reached, then this CMC would be converted to a settlement hearing. If a settlement is not reached, then this CMC will be utilized for the purposes of setting hearing dates and finalizing a Procedural Order for a hearing of the appeals.
8The Tribunal concurred that a second date for a CMC was appropriate and has established a one-day CMC Video Hearing on Wednesday April 26th, at 10:00 a.m.
9Parties 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:
GoTo Conference Link: https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
10Parties 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
11Persons 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: 1-888-299-1889 (Toll Free) OR +1 (647) 497-9373. The access code is the same as mentioned above.
12Individuals 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
13THE TRIBUNAL ORDERS that the following persons are granted Participant Status in the subject proceedings:
- Robert Shields and Allison Barrow (Jointly)
- Debbie Fitzsimmons, and
- Lake Kashagawigamog Organization as represented by its President, Jan Gerrow
14THE TRIBUNAL ALSO ORDERS that Jan Gerrow shall provide the Tribunal through the case coordinator with written confirmation from the Board of Directors of LKO that she is permitted to represent the LKO in these proceedings on or before Wednesday April 19, 2023.
15THE TRIBUNAL ALSO ORDERS that the Parties shall submit the DPO or, alternatively, if the parties reach a settlement, appropriate documents including affidavit(s) pertaining to such proposed settlement to the Tribunal on or before April 19, 2023.
16The Tribunal so orders and provides these CMC directives for the purposes of the case management of the appeals.
17No further notice is required or will be provided.
18The Panel is not seized of the matter but will remain available for continued case management to the extent that the Tribunal calendar permits.
“Steven T. Mastoras”
STEVEN T. MASTORAS
MEMBER
“Debra Arnold”
DEBRA ARNOLD
MEMBER
Ontario Land Tribunal
Website: www.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.