Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 31, 2023
CASE NO(S).: OLT-23-000405 OLT-22-004497
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended
Appellant: Lisa and Rudy Irish Subject: Objection to designation By-law 23-28 Description: “Swallowbeck II” with auxiliary buildings Property Location: 292 Main Street West Municipality: Grimsby/Niagara OLT Case No.: OLT-23-000405 OLT Lead Case No.: OLT-23-000405 OLT Case Name: Irish v. Grismby (Town of)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Lisa and Rudy Irish Subject: Minor Variance Description: To permit Minor Variances to facilitate the new development and severances on 3 lots Reference Number: A37-22 Property Address: 292 Main Street West Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-004497 OLT Lead Case No.: OLT-22-004497 OLT Case Name: Irish v. Grimsby
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Consent Description: To create a vacant new lot facing main street Reference Number: B03-22 Property Address: 292 Main Street West Municipality/UT: Grimsby/Niagara Region OLT Case No.: OLT-22-004559 OLT Lead Case No.: OLT-22-004497
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Consent Description: To create a second new lot at the rear of the property Reference Number: B04-22 Property Address: 292 Main Street West Municipality/UT: Grimsby/Niagara OLT Case No.: OLT-22-004561 OLT Lead Case No.: OLT-22-004497
Heard: July 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Rudy and Lisa Irish
Scott Snider Anna Toumanians
Town of Grimsby
Tom Halinski
MEMORANDUM OF ORAL DECISION DELIVERED BY DAVID BROWN ON JULY 21, 2023 AND ORDER OF THE TRIBUNAL
1This is a Case Management Conference (“CMC”) concerning an appeal (“Heritage Appeal”) filed by Lisa and Rudy Irish (the “Appellant”) pursuant to s. 29 (11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended, (“OHA”) against the issuance of a Notice of Intention to Designate lands owned by the Appellant under s. 29(1) of the OHA by the Town of Grimsby (“Town”).
2The CMC for the Heritage Appeal is being heard at the same time as the second CMC in respect to appeals (the “Planning Appeals”) filed by the Appellant pursuant to s. 45(12) and s. 53(19) of the Planning Act, R.S.O. c. P.13, as amended, against decisions of the Town Committee of Adjustment which refused an Application for Consent and an associated Application for Minor Variance and a further appeal against conditions imposed on a Provisional Consent.
3The lands that are the subject of the Appeals are municipally known as 292 Main Street West.
4At the CMC held on March 1, 2023, with respect to the Planning Appeals, the Parties requested that the Heritage Appeals and the Planning Appeals be consolidated as provided for in Rule 16 of Tribunal’s Rules of Practice and Procedure.
5The Heritage Appeals are now properly before the Tribunal and the Tribunal finds the consolidation of the Appeals is appropriate to achieve a fair, just, expeditious and cost-effective consideration of the matters before the Tribunal.
6No requests for Participant or Party Status were received.
7The Tribunal confirmed that the hearing of the merits of the consolidated Planning Appeals and Heritage Appeal will be conducted by video hearing commencing on Tuesday, November 14, 2023, at 10:00 a.m. and is scheduled for four days.
8Parties 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:
https://meet.goto.com/558205565
Access code: 558-205-565
9Parties 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.
10Persons who experience technical difficulties accessing the GoToMeeting application, or who only wish to listen to the event, can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is 558-205-565.
11Individuals 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.
12The Tribunal inquired as to the status of the final Procedural Order and Issues List to be submitted to the Tribunal by August 1, 2023. The Parties confirmed that it is substantially finalized, and Mr. Halinski advised that he is awaiting confirmation from the Town before submission to the Tribunal.
ORDER
13THE TRIBUNAL ORDERS that the appeal filed under OLT Case No.: OLT 23-000405 is consolidated with the appeals filed under OLT Case Nos.: OLT-22-004497, OLT-22-004559, and OLT-22-004561.
14AND THAT the consolidated appeals will be heard at the hearing commencing on Tuesday, November 14, 2023, at 10:00 am, as set out in paragraphs 7 to 11 inclusive above.
“David Brown”
DAVID BROWN 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.