Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 07, 2023
CASE NO(S).: OLT-22-004221
PROCEEDING COMMENCED UNDER subsection 36(3) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Jean-Marc and Catherine Beneteau
Subject: Application to remove Holding Symbol (h9) – Neglect to make a decision
Description: Purpose to remove the Holding Symbol (h9) from the lands
Reference Number: ZBA-6-2022
Property Address: Part of Lot 14, Concession 1
Municipality/UT: Lakeshore/Essex
OLT Case No: OLT-22-004221
OLT Lead Case No: OLT-22-004221
OLT Case Name: Beneteau v. Lakeshore (Municipality)
Heard: May 10, 2023 by Teleconference
APPEARANCES:
Parties
Counsel
Jean-Marc and Catherine Beneteau
Jeffrey J. Hewitt
Municipality of Lakeshore
Kenneth Strong
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA and A. SAUVE ON MAY 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Status Hearing regarding an appeal by Jean-Marc and Catherine Beneteau (“Appellant”) pursuant to s. 36(3) of the Planning Act with respect to the denial by the Municipality of Lakeshore (“Municipality”) of the Appellant’s application for a Zoning By-law Amendment (“ZBA”). The proposed Application would remove the Holding Symbol (h9) (“H-symbol”) from the lands legally described as Part of Lot 14, Concession 1, East of Belle River, Rochester designated as Parts 5-10, 14-65, 69-75 and 77 on Plan RD 131, being all of the Property Identifier Nos. 75028-0120 to 75028-0185 (LT) (“Subject Property”).
2The Subject Property is 51.13 acres in area, is currently vacant and is located north of Highway 401 on the east side of County Road 27, in the Community of Rochester. There are Hydro One lands that intersect the Subject Property north-south creating two separate conveyable lots: one east of the Hydro One lands (approx. 40.23 acres), and one west of the Hydro One lands with frontage on County Road 27 (approx. 10.17 acres).
3Municipal planning staff recommended that the Application be approved, and the H-symbol removed, which would remove the requirement that a subdivision agreement be executed by the owner and the development receive final approval by the County. At a July 6, 2022, special meeting of the Council of the Municipality the resolution to approve the Application lost on a tie vote, meaning that the Application was denied.
4One Participant, Jeffrey Lessard, was granted status at the previous Status Update.
STATUS UPDATE
5Counsel for the Parties informed the Tribunal that resolution efforts have been ongoing and that they are very close to a settlement. The Parties jointly asked for additional time to finalize the details. While the Tribunal is mindful of the need for matters to move along efficiently, after some discussion it was agreed by the Panel that the matter will be scheduled for another Case Management Conference (“CMC”).
6A CMC was scheduled on Tuesday, August 15, 2023, at 10 a.m. by video hearing with the understanding that it could be converted to consider a settlement, if appropriate. The Parties were instructed to inform the Case Coordinator immediately if a settlement is reached. The Parties were also instructed that, if the matter does settle, they are to provide all materials to the Tribunal at least 10 days in advance of the CMC.
HEARING DETAILS
7Parties 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:
https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
8Parties 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.
9Persons 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 indicated above.
10Individuals 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.
11THE TRIBUNAL ORDERS that:
a. A CMC will be held on Tuesday, August 15, 2023, at 10 a.m. by video hearing.
b. There will be no further notice and this Panel is not seized.
“S. Bobka”
S. BOBKA MEMBER
"A. Sauve”
A. 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.