Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 19, 2023
CASE NO(S).: OLT-23-000005
PROCEEDING COMMENCED UNDER subsection 12(2) of O. Reg. 173/16 – Refusal of the O. Reg. 173/16 Community Planning Permits
Appellant: Bradley Dennis and Lisa Flafferty
Subject: Development Permit
Description: To permit legal non-conforming dwellings and to increase permitted shoreline activity area frontage
Property Address: 1034 South Toad Lake Road
Municipality/Upper Tier: Lake of Bays/Muskoka
Municipal File No.: DP 107/21
OLT Case No.: OLT-23-000005
OLT Lead Case No.: OLT-23-000005
OLT Case Name: Bradley Dennis and Lisa Flafferty v. Lake of Bays (Township)
Heard: May 10, 2023 by Video Hearing
APPEARANCES:
Parties Bradley Dennis and Lisa Flafferty
Representative (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MAY 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) in the matter of the appeal by Bradley Dennis and Lisa Flafferty (“Applicants” / “Appellants”) arising from the decision of the Township of Lake of Bays (“Township”) to refuse an application pertaining to the Community Development Permit System, or O. Reg. 173/16 to permit legal non-conforming dwellings and to increase permitted shoreline activity area frontage, for the property located at 1034 South Toad Lake Road (“subject property” / “Site”).
2For clarification, the Appellants were not able to attend the CMC due to the medical issue. However, their Planner was present so the Tribunal continued with the CMC.
3The Site is designated Waterfront in the Township’s Official Plan (“OP”) and is subject to the standards and provisions of the Development Permit By-law No. 04-180 (“DPBL”). With respect to the standards set out in the DPBL, the structures on the subject property enjoy legal non-complying status as they exist within the shoreline yard and were constructed in approximately 1972, prior to the enactment of the DPBL.
4The DPBL provides for variations to expand legal non-complying dwellings within the shoreline activity area. An exception to Section 4.39 to permit an addition to a legal non-complying dwelling that does not comply with all other provisions of the DPBL, namely, shoreline yard setback.
PRELIMINARY MATTER
5One day prior to the CMC, the Tribunal received a communication confirming that the Township will not be participating in the Appeal.
STATUS REQUEST
6The Tribunal did not receive any Status Requests for this CMC.
HEARING
7Given that the Township will not be participating in the Appeal and having no Status Requests, the Tribunal determined that the hearing will proceed in Writing.
ORDER
8The Tribunal orders that the one-day hearing will take place on Thursday, July 13, 2023, in Writing.
9The Tribunal further orders that the Appellants are to submit electronic and hard copy hearing materials to the Case Coordinator on or before Monday, July 3, 2023.
10There will be no further notice.
11This 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.