Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 17, 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: May 9, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Anthony Joseph Crncich | Self-represented* |
| Lake of Bays (Township)/Muskoka | John Ewart |
DECISION DELIVERED BY D. CHIPMAN AND AARON J.R. SAUVE ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second 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 Zoning By-law Amendment 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.
OWNERSHIP OF SUBJECT LAND
4After the first CMC on March 9, 2023, the Tribunal received an email, dated March 20, 2023, from Christine Crncich relating to her titled ownership of the Subject Property and as such, she stated she has a direct interest in the Appeal. The Tribunal provided a copy of this email to Anthony Crncich and the Town for review.
5The Tribunal notes the Municipal Appeal submission of the Registry Title Document confirms there are in fact, six owners, all siblings, that have an interest in the Subject Property which was left to them in trust. The Tribunal notes the following clause which states:
No interest or estate shall be granted with respect to this property, including, but not limited to, the registration of any Transfer, Charge, Lease, or security interest, without the written consent of at least five of the following persons: Anne Marie Dunbar, Diane Patricia Padoin, Christine Marie Crncich, Anthony Joseph Crncich, Katherine Elizabeth Meredith and Robert John Crncich.
6Prior to today’s CMC the Tribunal received emails from each of the six individuals named on the Trust title granting their consent.
7On April 25, 2023, the Town passed a Resolution directing staff and Town Solicitor Mr. Ewart, to not participate in this appeal until the consent of five out of six parties was provided. Having now received emails from each of the six named individuals granting consent, Mr. Ewart informed the Tribunal, that he was satisfied on behalf of the Town, that this matter could move forward.
NEXT STEPS
8Anthony and Robert Crncich both attended today’s CMC. Robert Crncich spoke on behalf of the Appellant. Robert Crncich informed the Tribunal that the flow of correspondence has been directed to Melissa Markham of Marie Poirier Planning and Associates and that they have not been receiving of any correspondence from the Town. The Tribunal noted that an Authorization contained in the Municipal Record had Ms. Markham acting as their agent/representative. This, Robert Crncich stated was no longer the case.
9The Tribunal noted the request that all correspondence should be directed to Anthony Crncich, the Appellant, going forward and requested the Appellant provide this direction in writing to the Case Coordinator.
10The Parties advised they will continue discussions and agreed that a one-day hearing of the merits be scheduled based on the number of witnesses to appear should discussion fall short of a settlement.
11The Tribunal directed that draft Procedural Order (“PO”) be submitted for consideration and approval. The Tribunal took time in this CMC to explain the use of a PO and made reference to the Tribunal’s website as a means of information for the Parties. Robert Crncich acknowledge that he understood the process moving forward.
12The Parties agreed that the Appellant would provide an Issues List to the Town no later than Friday, May 19, 2023. The Tribunal directed that the draft Procedural Order be forwarded on or before Friday, May 26, 2023, to the Case Coordinator.
13The Tribunal further directed that should the matter be resolved in its entirety; the Parties are to contact the Case Coordinator to request that the Merit Hearing be changed to a Settlement Hearing.
14The next hearing is scheduled to commence on Friday, September 8, 2023, at 10 a.m. by Video Hearing.
15Parties 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/709076365
Access Code: 709-076-365
16Parties 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 Go To Meeting, or a web application is available: https://app.gotomeeting.com/home.html
17Persons 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 709-076-365.
18Individuals 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
19THE TRIBUNAL ORDERS that a hearing of the merits will commence on Friday, September 8, 2023, at 10 a.m. by video hearing.
20THE TRIBUNAL ORDERS its directions and rulings as set out above.
21There will be no further notice.
22This Panel is not seized but remains available through the Case Coordinator should the need arise.
“D. Chipman”
D.CHIPMAN MEMBER
“Aaron J.R. Sauve”
AARON J.R. SAUVE 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.