Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 21, 2023
CASE NO(S).: OLT-23-000266
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Cao Man and Lu Tien
Subject: Application to amend the Zoning By-law – Appeal of Decision
Description: To facilitate the development of a dwelling and accessory structures on subject property
Reference Number: ZA 24-2021
Property Address: Part of Lot 12, Con 10
Municipality: Town of Gravenhurst
OLT Case No.: OLT-23-000266
OLT Lead Case No.: OLT-23-000266
OLT Case Name: Cao Man and Lu Tien v. Gravenhurst (Town)
Heard: July 11, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Cao Man, Lu Tien | Self-represented |
| Town of Gravenhurst | E. Veldboom* |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON July 11, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in the matter of an appeal by Cao Man and Lu Tien (“Appellants”) for a Zoning By-law Amendment (“ZBLA”), pursuant to s. 34(11) of the Planning Act (“Act”), to rezone the property from Residential Rural (RR-5) to Residential Waterfront (RW-6) to facilitate the development of a dwelling and accessory structures on the property known as Part of Lot 12, Concession 10 (“subject property”) in the Town of Gravenhurst (“Town”).
2The subject property is located within the "Waterfront Area" designation of the Town Official Plan. There are currently two separate properties which are vacant and are proposed to merge. The current zoning is Residential Rural (RR-5) which requires frontage on a road maintained year-round by a public authority in order to have building rights. The properties are proposed to be rezoned to Residential Waterfront (RW-6) in order to construct a dwelling.
3The Appellants stated that the subject property is accessible by land and by water. The unassumed road owned by the Town has an old bridge with the sign “Use at your own risk”. In the Appeal Form the Appellants indicated that:
“The city road Fire Route A1 has an old bridge with the show (sic) "Use At Your Own Risk". But the infrastructure has not allowed us to gain access to conform (sic) access to our land. The [Director of] infrastructure [Services] Mr. Andrew Stacey asked me to pay him $400,000 to rebuild the bridge to build my cottage (sic).” [emphasis added by Tribunal]
4When questioned at the CMC, the Appellants indicated that they have no preference in regard to accessing their property either by land or by water. The Appellants indicated to the Tribunal that they have been working with a land use Planner for around eight months and are willing to work out their access issue with the Town.
STATUS REQUEST
5The Tribunal did not receive any status requests for this matter.
MEDIATION
6The Tribunal reminded the Parties that a Tribunal-led mediation is available to them. The Tribunal directed the Parties to contact the assigned Case Coordinator should they elect to pursue Board-assisted Mediation.
CMC AND PROCEDURAL ORDER
7The Parties and the Tribunal agreed that because this is a single-issue appeal and there are no other parties, a Procedural Order is not required.
8A second CMC has been scheduled to proceed by video on Thursday, October 5, 2023, at 10:00 a.m.
9Parties 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/927921077
Access code: 927-921-077
10Parties 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.
11Persons 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): 1-888-299-1889 or (647) 497-9391. The access code is as indicated above.
12Individuals 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.
13No further notice will be provided.
14This Member is not seized.
“P. Tomilin”
p. tomilin
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.