Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 06, 2023
CASE NO(S).: OLT-22-003761 OLT-22-002522 (Formerly PL190380) OLT-22-002470
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Cory Slykerman & Nicole Patterson Subject: Proposed Official Plan Amendment Reference Number: OPA 11 Property Address: (Grimsby Beach Secondary Plan Area) Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-003761 OLT Lead Case No.: OLT-22-003761 OLT Case Name: Patterson v. Grimsby (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Cory Slykerman & Nicole Patterson Subject: Zoning By-law Reference Number: BL 22-24 Property Address: (Grimsby Beach Secondary Plan Area) Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-003762 OLT Lead Case No.: OLT-22-003761 OLT Case Name: Patterson v. Grimsby (Town)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Cornelius Slykerman Subject: Minor Variance Variance from By-law No.: 14-45 Property Address/Description: 33 Victoria Terrace Municipality/UT: Grimsby/Niagara Municipal File No.: A-19/19 OLT Case No.: OLT-22-002522 Legacy Case No.: PL190380 OLT Lead Case No.: OLT-22-002522 Legacy Lead Case No.: PL190380 OLT Case Name: Slykerman v. Grimsby (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Referred by: Cornelius Slykerman Subject: Site Plan Property Address/Description: 33 Victoria Terrace Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-002470 Legacy Case No.: PL200030 OLT Lead Case No.: OLT-22-002470 Legacy Lead Case No.: PL200030 OLT Case Name: Slykerman v. Grimsby (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Referred by: Cornelius Slykerman Subject: Site Plan Property Address/Description: 33 Victoria Terrace Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-002471 Legacy Case No.: PL200031 OLT Lead Case No.: OLT-22-002470 Lead Legacy Case No.: PL200030 OLT Case Name: Slykerman v. Grimsby (Town)
Heard: October 4, 2022 via video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Town of Grimsby | Jonathan Minnes & Tristan Neill |
| Cornelius Slykerman & Nicole Patterson | Raj Kehar |
MEMORANDUM OF ORAL DECISION BY STEVEN COOKE DELIVERED ON OCTOBER 4, 2022, AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) for the appeals by Cory Slykerman and Nicole Patterson (the “Appellants”) under s. 17(24) and 34(19) of the Planning Act, for the Council approval of a By-law 22-23 Official Plan Amendment 11 (the “OPA”) and Zoning By-law 22-24 (the “ZBL”) for the Grimsby Beach Secondary Plan Area in the Town of Grimsby (the “Town”).
NOTICE
2The Affidavit of Service of notice of this CMC was received by the Tribunal and is marked Exhibit 1.
3No other individuals or entities came forward to seek Party or Participant Status to these proceedings.
CMC
4The Appellants own two adjacent properties municipally known as 33 Victoria Terrace Lot 22 and Lot 23 (the “Subject Site”) on which they intend to redevelop. The Subject Site was subject to an Interim Control By-law that has been replaced by the OPA and ZBL now under appeal.
5In addition to the above noted comprehensive Town wide OPA and ZBL appeals, the Tribunal was informed that the Appellants have also filed with the Tribunal OLT-22-002522 site-specific appeals under s. 45(12) and 41(12) of the Planning Act, for two site plan applications and minor variance for the property municipally known as 33 Victoria Terrace.
6Under Rule 16 of the Tribunal Rules of Practice and Procedure, the Parties requested that all matters before the Tribunal be consolidated and heard together. The Tribunal agrees that such consolidation is warranted under Rule 16 and in granting this request has set aside 5-days for the hearing of the merits to begin on Monday, October 2, 2023.
7The Tribunal was informed that ongoing settlement conversations have been occurring, and that the Parties believed that they had been close to an agreement that would treat these appeals as a site-specific matter. The purpose of this would be to have the Applicant make a partial withdrawal of their OPA and ZBA appeals to allow the implementation of those planning instruments for the balance of the Town. The Parties had indicated that should such an agreement be approved, the Parties would submit a draft consent order for the Tribunals consideration. Since the date of this CMC, the Tribunal has received such notification that the Parties have come to an agreement, and on consent of the Parties, approves the partial withdrawal to the OPA and ZBA appeals.
HEARING
8Upon request of the parties, the Tribunal set a five (5) day hearing commencing on Monday, October 2, 2023 at 10:00 a.m. by VH. No further Notice is required for the hearing.
9The hearing is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/442599157
Access Code: 442 599 157
10Persons 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: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
11Parties 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.
12Parties 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
13Individuals 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
14THE TRIBUNAL ORDERS that the Partial Withdrawal is without prejudice to Nicole Patterson and Cornelius Slykerman’s right to continue their appeal of the Instruments on a site-specific basis as it pertains solely to the property municipally known as 33 Victoria Terrace in the Town of Grimsby.
15THE TRIBUNAL ORDERS that:
(i) the Town of Grimsby may not take the position that because these Instruments are approved, either by the Tribunal or by operation of law, on all other lands in the Grimsby Beach Area (other than 33 Victoria Terrace) that a different set of policies, provisions or schedules to these Instruments cannot be approved on a site-specific basis, with respect to 33 Victoria Terrace in the Town of Grimsby;
(ii) For the purposes of the adjudication of Nicole Patterson and Cornelius Slykerman’s site-specific appeal of these Instruments, and that the Instruments will be treated as if they are not in effect for all other lands in the Town of Grimsby, Grimsby Beach area; and
(iii) The Town may present planning evidence that the Secondary Plan and implementing Zoning By-Law No. 22-24 are the result of a comprehensive planning exercise and public consultation for all of Grimsby Beach, and for reasons of good planning, ought to be applied to all of Grimsby Beach, including 33 Victoria Terrace, Grimsby. Legal counsel for the Town may present a case that the Secondary Plan and implementing Zoning By-Law No. 22-24 should be applied to all of Grimsby Beach, including 33 Victoria Terrace, Grimsby (for reasons other than by operation of law these Instruments are, in fact, in force for the balance of Grimsby Beach), even though the Tribunal has jurisdiction by way of these appeals to amend these Instruments on a site-specific basis for 33 Victoria Terrace, Grimsby.
16AND in accordance with subsection 17(30) of the Act, the Tribunal shall notify the Clerk of the Town of Grimsby of the Partial Withdrawal of the appeal of Official Plan Amendment No. 11 (By-law No. 22-23.
17AND THE TRIBUNAL FURTHER ORDERS that, in accordance with subsection 34(31) of the Act, those portions of the Zoning By-law Amendment (By-law No. 22-24) not in issue in the appeal as a result of the Partial Withdrawal shall be deemed to have come into force on the day the by-law was passed.
18AND THE TRIBUNAL FURTHER ORDERS that the Interim Control By-law, which continued in effect, as if it had not expired as a result of the Appeals, is no longer in effect (with the exception of 33 Victoria Terrace where it remains in full force and effect), as a result of the Partial Withdrawals.
19AND THE TRIBUNAL ORDERS that, under Rule 16 of the Tribunal Rules of Practice and Procedures, the site-specific appeals for Minor Variance, and Site Plans that are the subject matter of OLT File No. 22-002522, shall be consolidated and heard together with the Continued Appeal in this proceeding.
20No further notice will be given.
21The Member is not seized.
“Steven Cooke”
STEVEN COOKE
VICE CHAIR
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.