Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 06, 2023
CASE NO(S).: OLT-23-000482
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Hausology Inc.
Subject: Consent - refused by Approval Authority
Description: New lot creation to permit two semi-detached dwellings
Reference Number: B/15/23
Property Address: 69 North Street
Municipality/UT: Amherstburg/Essex
OLT Case No: OLT-23-000482
OLT Lead Case No: OLT-23-000482
OLT Case Name: Hausology Inc. v. Amherstburg (Town)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Minor Variance
Description: Proposing a new driveway width
Reference Number: A/17/23
Property Address: 69 North Street
Municipality/UT: Amherstburg/Essex
OLT Case No: OLT-23-000483
OLT Lead Case No: OLT-23-000482
OLT Case Name: Hausology Inc. v. Amherstburg (Town)
Heard: August 16, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Hausology Inc. | James Cooke |
| Town of Amherstburg | Tom Porter |
MEMORANDUM OF ORAL DECISION DELIVERED BY Eric S. CROWE ON August 16, 2023 and order of the Tribunal
INTRODUCTION
1This was the first Case Management Conference (“CMC”) with respect to an appeal filed by Hausology Inc. (“Applicant/Appellant”) regarding the Town of Amherstburg (“Town”), Committee of Adjustment’s (“CoA”) decision to refuse a consent under s. 53(19) and a minor variance under s. 45(12) of the Planning Act (“Act”) for the property municipally addressed as 69 North Street (“Subject Property”).
Purpose of the Consent
2The purpose of the consent is to sever a new lot with a frontage of 9.75 metres (“m”) and a depth of 44.4 m with a total area of 443 square metres (“m2”) to create a new lot, which will contain a semi-detached dwelling unit. The remaining parcel has a frontage of 8.55 m and a depth of 44.4 m, with an area of 358.3 m2. The severance will split the semi-detached dwelling along the common wall to allow for freehold ownership of each unit.
Purpose of the Minor Variance
3The purpose of the minor variance is to request relief from Zoning By-law No. 1999-52, as amended, which permits that maximum access to parking areas shall be provided from an improved street by means of one or more unobstructed driveways at least 3 m width and not more than 50% of the lot frontage, up to a maximum of 9 m. The Applicant/Appellant is proposing a driveway width to accommodate two parking spaces totalling a width of 5.6 m on an 8.55 m resulting in a driveway that is 65.5% of the lot frontage. Therefore, the amount of relief requested is 15.5% of the driveway width.
4The CoA decision to refuse the severance application was based on the sole front yard parking, which is not in keeping with the neighbourhood, and would reduce the number of street parking spots along the south side of North Street. Subsequently, in light of the rejection of the severance application, the minor variance application was also denied.
5The Staff Report recommended approval of the applications for a total of two semi-detached dwellings.
6The Sworn Affidavit of Service related to the Notice was marked as Exhibit 1.
PARTICIPANT or PARTY STATUS REQUEST
7In response to the Notice, the Tribunal did not receive any Participant or Party Status requests.
HEARING
8James Cooke, counsel for Hausology Inc., provided a brief update on the current status of the application. He advised that he has been in contact with the Town and that planners for both Parties would be meeting this week to narrow down the issues and hopefully, resolve the differences. He requested that a one-day hearing be set in case there was no resolution in the current discussions.
9Tom Porter, counsel for the Town, confirmed that there have been ongoing discussions with the Applicant/Appellant and that the Town was agreeable to a one-day hearing.
MEDIATION
10The Parties were advised that Tribunal-led mediation was available and that they are aware that they may request this mediation at their convenience.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
11The Tribunal canvassed the Parties regarding the time needed to draft a Procedural Order (“PO”) and Issues List (“IL”). On consent, the Tribunal directed that a complete draft PO be provided to the Case Coordinator no later than Wednesday, September 19, 2023. Counsel for the Applicant/Appellant will co-ordinate and provide the draft PO to the Tribunal by the appointed date.
HEARING DATES
12The Tribunal finds a one-day hearing is reasonable therefore, the Tribunal directs that a one-day hearing will be held by video commencing on Tuesday, October 17, 2023, at 10 a.m.
13Parties 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://meet.goto.com/996288525
Access code: 996-288-525
14Parties 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
15Persons 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) 455-1389 or +1 (647) 497-9391. The access code is as indicated above.
16Individuals 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.
17No further notice will be given.
ORDER
18The Member is not seized of the matter, but subject to scheduling availability, may be spoken in regards to case management.
19The directions in this Decision are so ordered.
“Eric S. Crowe”
ERIC S. CROWE MEMBER
Ontario Land Tribunal Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248