Ontario Land Tribunal
ISSUE DATE: May 02, 2023
CASE NO(S).: OLT-22-004756
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Anthony Joseph Crncich
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit parcels of land to be considered as one lot for planning purposes and to identify Shoreline Activity Areas
Reference Number: Z 12/22 LOB, Z 13/22 LOB and Z 14/22 LOB
Property Address: Parts of Lots 9 & 10, Concession 10, Paint Lake Road, Lake of Bays
Municipality/UT: Lake of Bays/Muskoka
OLT Case No.: OLT-22-004756
OLT Lead Case No.: OLT-22-004756
OLT Case Name: Crncich v. Lake of Bays (Township)
Heard: March 09, 2023
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Anthony Joseph Crncich | Self-represented* |
| Lake of Bays (Township)/Muskoka | H.G. Elston John Ewart (in absentia) |
DECISION DELIVERED BY D. CHIPMAN AND A. SAUVE AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding an appeal filed by Anthony Joseph Crncich of the refusal of an application to amend the Zoning By-Law pursuant to s. 34(11) of the Planning Act by the Council for the Township of Lake of Bays.
2The subject lands (“Subject Lands”) are vacant and have a legal description of Part of Lots 9 and 10, Concession 10, Part of the Shore Road Allowance, Parts 1-7, Registered Plan 35-R16511, Parts 1 and 2, Registered Plan 35R-16537 Part 2, Registered Plan 35R-14848 Ridout Ward, Lake of Bays, in the District Municipality of Muskoka.
3The purpose of the proposed By-law is to rezone the Subject Lands from “Waterfront Residential (‘WR’) Development Permit Area” to “Waterfront Residential with an Exception (‘WR-EXXX’) Development Permit Area” in order to:
A) identify two separate parcels of land to be considered as one lot for planning purposes; and
B) identify a shoreline activity area for the shoreline portion of the property that would result in three separately conveyable lots being tied respectively to an individual shoreline lot to facilitate shoreline development on each of the shoreline lots.
NOTICE
4The Tribunal received a sworn Affidavit of Service dated February 17, 2023, confirming that Notice of this CMC was properly given which was marked as Exhibit 1.
REQUEST FOR PARTICIPANT STATUS
5The Tribunal received one Participant status request containing written comments from Mr. Robert Smith who cited issues with access, parking, traffic, noise, privacy, security, construction, garbage, and sanitation when the waterfront is being used as some of his concerns.
6Mr. Smith was not present at the CMC, so the Tribunal canvassed the Parties who cited no issue with conferring Participant status to him. The Tribunal, on consent of the Parties, conferred Participant status to Robert Smith.
MEDIATION
7At the CMC, the Parties indicated that there was a strong possibility mediation could assist in a resolution, and as a result jointly requested that the matter be referred to Tribunal-led mediation. The Panel advised that the Case Coordinator would reach out to both Parties to move this matter forward to mediation.
NEXT STEPS
8Prior to the issuance of this Decision, the Tribunal received an email, dated March 20, 2023, from Ms. Christine Crncich relating to her titled ownership of the Subject Property. Ms. Crncich informed the Tribunal she has a direct interest as an owner of the subject property. The Panel directs that the Applicant/Appellant provide to the Tribunal written documentation identifying the titled owners of the subject property on or before Friday May 5, 2023.
9The Panel instructed the Case Coordinator forward a copy of Ms. Crcnich’s email to the Parties and the Tribunal’s Mediation Coordinator for information.
10The Panel, having received the above noted email and having heard Tribunal-led mediation will be sought, recognizes there are still outstanding matters in this case that require clarification before a hearing of the merits can be scheduled. The Panel, having set aside a one-day hearing date, will now utilize that date as a further CMC to update the Tribunal on the results of mediation, identify any issues remaining, review the written submission being requested of the Applicant/Appellant that identifies all those persons with titled interest in the subject property, and to set aside a date for a one-day hearing of the merits.
11The Parties are directed to provide the above noted information to the Case Coordinator along with a draft Procedural Order identifying all remaining outstanding issues on or before Friday, May 05, 2023, for consideration of the Tribunal and further discussion.
12The Tribunal further directs the Parties that, should the matter be resolved in its entirety through mediation, they are to contact the Case Coordinator to request a list of documents required to be submitted, which must include the written information identifying the titled owners of the subject property.
13The next CMC Hearing of the Tribunal is scheduled to commence on Tuesday, May 9, 2023, at 10 a.m. by Video Hearing.
14Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://meet.goto.com/558205565
Access Code: 558-205-565
12Parties and Participants are asked to set up the Video Hearing 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
13Persons 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 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is as shown above in paragraph 11.
14Individuals 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 Video Hearing 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
15THE TRIBUNAL ORDERS its directions and rulings as set out above.
16There will be no further notice.
17This Panel is not seized but remains available through the Case Coordinator should the need arise.
D. Chipman
D.CHIPMAN
MEMBER
A. Sauve
A. SAUVE
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.