Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 15, 2023
CASE NO.: PL180523
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: TRG- KFH (Lakeside) Inc.
Subject: Proposed Plan of Subdivision - Failure of District Municipality of Muskoka to make a decision
Purpose: To permit a phased condominium development
Property Address/Description: 2-2046 Peninsula Road
Municipality: Township of Muskoka Lakes
Municipality File No.: C2017-5
OLT Case No.: PL180523
OLT File No.: PL180523
OLT Case Name: TRG- KFH (Lakeside) Inc. v. Muskoka Lakes (Township)
BEFORE:
STEVEN COOKE VICE-CHAIR
Monday, the 15th day of May, 2023
THIS MATTER having come on for a public hearing and the Tribunal in its Decision and Interim Order issued on March 27, 2020, allowed an appeal and approved of conditions of a draft description for Condominium File C2017-5 subject to the finalization of the drawings to the satisfaction of the District Municipality of Muskoka;
AND THE TRIBUNAL in its Final Order issued on May 1, 2020, allowed the appeal and the approved the proposed conditions of draft plan approval;
THE TRIBUNAL ORDERS pursuant to s. 51(56.2) of the Planning Act, R.S.O. 1990, c. P.13, as amended, that the approved conditions of the draft description for Condominium File C2017-5 are hereby changed as follows:
That Condition 1 be amended to insert the words “and amended on May 4, 2023” following the words “February 25, 2020”;
That Condition 6 be amended by deleting the second occurrence of the number “15” and inserting the number “25” and by deleting the number “13” and inserting “3”; and
That Condition 6 be further revised by inserting the words “, including the lands adjacent to the shoreline” following the last occurrence of the words “and common element areas”.
That the draft description for Condominium File C2017-5 be changed to that as depicted on Attachment No. 1 hereto.
In the event that there are any difficulties implementing any of the conditions of this approval, the Tribunal may be spoken to.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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.