Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 09, 2024
CASE NO(S).:
OLT-24-000644
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Arjang and Carol Yazdani
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To permit an additional residential unit within an accessory building located in the front yard of the property
Reference Number:
OPA 64
Property Address:
2312 Sunningdale Road
Municipality/UT:
Middlesex Centre/Middlesex County
OLT Case No.:
OLT-24-000644
OLT Case Name:
Arjang and Carol Yazdani v. Municipality of Middlesex Centre
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant:
Arjang and Carol Yazdani
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit an additional residential unit within an accessory building located in the front yard of the property
Reference Number:
ZBA-2-2024
Property Address:
2312 Sunningdale Road
Municipality/UT:
Middlesex Centre/Middlesex County
OLT Case No.:
OLT-24-000645
OLT Lead Case No.:
OLT-24-000644
OLT Case Name:
Arjang and Carol Yazdani v. Municipality of Middlesex Centre
Heard:
October 4, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Arjang and Carol Yazdani
Analee Baroudi
Municipality of Middlesex Centre
David Samuels
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SNOWDON ON OCTOBER 4, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) relating to appeals brought pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended, from the refusal of the Municipality of Middlesex Centre (“Municipality”) regarding Applications to amend the Official Plan and Zoning By-Law, respectively. The Appeals have been filed by Arjang and Carol Yazdani (“Appellant”) regarding the property located at 2312 Sunningdale Road, Middlesex Centre (“Subject Property”).
2The Appellant submitted the Applications to facilitate the development of an additional residential unit in an accessory building in the front yard. The Subject Property is approximately 18.2 hectares and has 206 metres of frontage on Sunningdale Road West.
NOTICE
3The Affidavit of Service, sworn by Hesham Baroudi on August 15, 2024, has been marked as Exhibit 1 on consent of the Parties.
STATUS REQUESTS
4The Tribunal received no requests for Party status or Participant status prior to or during the CMC.
OPPORTUNITIES FOR SETTLEMENT/MEDIATION
5The Parties indicated that they have not reached a point in their discussions to have discussed settlement, or to warrant Tribunal led mediation but may be open to it in the future.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
6The Parties indicated that the Procedural Order would be completed in time for a second CMC.
SCHEDULING
7At the CMC, the Parties advised the Tribunal that they were seeking a second CMC. Ms. Baroudi advised that because the Municipality’s Counsel had left the file and a new Counsel had yet to be assigned, it was prudent to adjourn the CMC. Mr. Samuels, acting as temporary Counsel for the Municipality, agreed and stated that new Counsel would be assigned in time for a second CMC. The Tribunal granted the request to adjourn the CMC on consent of all Parties.
8A second CMC for OLT Case File No. OLT-24-000644 is scheduled to commence on Wednesday, January 15, 2025, at 10 a.m. by video hearing.
9Parties are asked to log into the CMC at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
10Parties and observers 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: +1 (647) 497-9373 or (Toll-Free) 1-888-455-1389. The Access Code is the same as the access code noted 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 CMC 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.
ORDER
13The Tribunal directives set out above are so ordered.
14No further notice is required.
15The Member is not seized.
“A. Snowdon”
a. snowdOn
member
Ontario Land Tribunal
Website: 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.