Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 15, 2024
CASE NO(S).: OLT-23-001191
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant/Appellant: Jason Grieb
Subject: Minor Variance
Description: To permit a 9 metre setback to legalize an attached deck
Reference Number: A-07-23
Property Address: Minor Variance
Municipality/Upper Tier: Severn/Simcoe
OLT Case No.: OLT-23-001191
OLT Lead Case No.: OLT-23-001191
OLT Case Name: Grieb v. Severn (Township)
Heard: February 8, 2024 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Jason Grieb (Appellant/Applicant) | Self-Represented* |
| Township of Severn | Jennifer Biggar |
MEMORANDUM OF DECISION DELIVERED BY J. innis ON February 8, 2024 AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1This appeal arises following the decision by the Township of Severn (“Township”) Committee of Adjustment (“CoA”) to refuse a minor variance application seeking relief from Zoning By-law 2010-65 (“ZBL”) Table 6.4 and Section 3.34.8 to permit a minimum front yard setback of 9 metres (“m”), on lands known municipally as 4414 Mar Lane (a private road), Township of Severn (“Subject Property”).
2The Subject Property is developed with a dwelling, covered decks and porches, a sleeping cabin (with no bathroom or kitchen facilities), an outbuilding with a composting toilet, a carport, two sheds, two shore decks, a boathouse, and a dock. With approximately 0.62 acres of lot area, the Subject Property has approximately 46 m of water frontage on the Severn River.
3The Applicant purchased the property in 2020 and initiated repairs to the main dwelling that included the exterior cladding and reconstructing the existing deck. The repairs to the existing deck included replacing the railings, stairs, deck boards, footings, and an extension of the covered deck by 3 m towards the waterfront. The Applicant received an Order to Comply from the Township, for works requiring a building permit. Upon submission of the building permit application, the Township determined that minor variances were required as the reconstruction did not meet the front yard and watercourse setbacks identified in the ZBL.
4The Applicant was required by the Township to provide a Shoreline Restoration Plan (“SRP”) and implementation strategy, which was prepared by Terrastory Environmental Consulting Inc. (marked as Exhibit 1, Tab 12) and submitted to the Township.
5This is a first hearing event and no one attended seeking Party or Participant Status. Prior to the commencement of the Merit Hearing, the Parties reached a settlement and requested that the disposition of the matter comes before the Tribunal as a settlement motion. The Tribunal granted this request, as per Rule 12.1 of the Ontario Land Tribunal’s Rules of Practice and Procedure.
6The Tribunal confirms that it has received, reviewed and considered the following materials and submissions pertaining to the proposed settlement:
i. the Applicant’s Book of Documents, including the CoA Decision, Township Planning Report and Minutes of Settlement (marked as Exhibit #1);
ii. the uncontested opinion evidence in land use planning of Joshua Morgan, a Registered Professional Planner, contained in his comprehensive affidavit affirmed February 8, 2024 (marked as part of Exhibit 1); and
iii. the Parties’ oral submissions in support of the settlement.
7The joint settlement proposal requires the execution of a Development Agreement that contains the implementation of the SRP and the removal of the existing free-standing shoreline deck (located in front of the covered deck), reducing development within the shoreline area and allowing for further naturalization.
DECISION AND ORDER
8The Tribunal accepts the opinion evidence of Mr. Morgan as presented in his affidavit and similarly finds that the settlement proposal as found in the Minutes of Settlement in Exhibit 1, Tab 20, has regard to those applicable matters of provincial interest found in s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, conforms with the Greater Golden Horseshoe Growth Plan, conforms to the County Official Plan and the Township Official Plan, meets the four tests for a minor variance as set out in Section 45 (1) of the Planning Act, and otherwise reflects principles of good land use planning.
INTERIM ORDER
9THE TRIBUNAL ORDERS THAT:
The appeal is allowed, in part, and the minor variances set out in Attachment 1 to this Interim Order, are authorized in principle, contingent upon confirmation of the pre-requisite matters described in paragraph [9.2].
a) The Tribunal will withhold the issuance of its Final Order contingent upon confirmation from the Parties’ counsel that the Parties have entered into a Development Agreement to establish a Vegetation Protection Zone and the implementation of the Shoreline Restoration Plan from Terrastory Environmental Consulting Inc., dated June 8, 2023;
b) The Tribunal will withhold the issuance of its Final Order contingent upon confirmation from the Township of Severn counsel that the municipal taxes are paid to the date of the Tribunal’s Decision; that the construction shall be in substantial compliance with the plans submitted with the minor variance application; and that the Applicant shall remove the existing free-standing deck within the front yard within six months of the date of the Tribunal’s Decision.
The Panel Member will remain seized for the purposes of issuance of the Final Order.
If the Parties do not submit confirmation of a Development Agreement, by Thursday, March 28, 2024, the Applicant and the Township shall provide a written status report to the Tribunal by that date, as to the timing of the expected confirmation of a Development Agreement for the Tribunal’s issuance of its Final Order.
The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call to determine the additional timelines and deadline for the submission of a Development Agreement.
“J. Innis”
J. inniS
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.
Ontario Land Tribunal
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Jason Grieb
Subject: Minor Variance
Description: To permit a 9 metre setback to legalize an attached deck
Reference Number: A-07-23
Property Address: 4414 Marr Lane
Municipality/UT: Township of Severn/County of Simcoe
OLT Case No.: OLT-23-001191
OLT Lead Case No: OLT-23-001191
OLT Case Name: Grieb v. Severn (Township)
VARIANCES
Relief from the Township of Severn Zoning Bylaw 2010-65 Table 6.2 to permit a minimum front yard setback of 9 m on the northeast corner of the covered deck, whereas a minimum front yard setback of 20m is required.
Relief from the Township of Severn Zoning Bylaw 2010-65 Section 3.34.8 (special setback requirements for watercourses) to permit a minimum setback of 9 m on the northeast corner of the covered deck, whereas a minimum setback of 20 m from a navigable watercourse is required.