Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 13, 2024

CASE NO(S).: OLT-23-000706

PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended

Appellants: Michael and Gita Sobhi

Subject: Objection to Designation By-law 32-2023

Property Address: 488 Locust Street

Municipality/Upper Tier: Burlington/Halton

OLT Case No.: OLT-23-000706

OLT Lead Case No.: OLT-23-000706

OLT Case Name: Sobhi v. Burlington (City)

Heard: January 31, 2024 by Telephone Conference Call

APPEARANCES:

Counsel

Michael and Gita Sobhi Virginia Maclean

City of Burlington Andrea Peebles

MEMORANDUM OF ORAL DECISION DELIVERED BY G.A. CROSER ON JANUARY 31, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the first Telephone Conference Call (“TCC”) to be held on an appeal brought pursuant to s.29(11) of the Ontario Heritage Act by Michael and Gita Sobhi (“Appellants”) on the passing of Heritage By-Law No. 32-2023 (“HBL”) by the City of Burlington (“City”) on the property known municipally as 488 Locust Street (“Subject Property”).

2The Subject Property is a one and a half-storey frame Gothic Revival residence, with a cross-gable roof and arched window openings set within a peaked gable that was constructed in 1885. The Subject Property is one of a cluster of historical residential properties that were primarily constructed in the 19th century, and the building supports the character of a section of Locust Street as a late 19th century residential streetscape. The City determined that the Subject Property has design/physical value and contextual value and thus met the legislated criteria #1 and #7 under O.Reg 9/06 for determining Cultural Heritage Value or Interest. The designation is appealed by the Appellants, who are the registered owners of the Subject Property.

STATUS UPDATE

3There were no requests for Party or Participant status at the TCC, and no documentation requesting status has been received by the Tribunal.

4When asked for an update on the status of the file, it was explained that a draft Issues List (“IL”) had been prepared. However, the Heritage Planners representing the City and the Appellants had not yet connected to discuss the IL. Both Parties were hopeful that a resolution could be reached and asked the Tribunal for more time to accommodate ongoing discussions.

MEDIATION

5When asked about the possibility of mediation, the Parties were not opposed; however, the prevailing thought was to wait until after the Heritage Planners had discussed the file. The Parties were advised to contact the Case Coordinator should they choose to pursue this option.

SECOND CASE MANAGEMENT CONFERENCE

6It was decided that a second Case Management Conference should be scheduled for Monday, April 29, 2024, at 10 a.m., in order to provide the Planners with sufficient time for a meaningful discussion and dialogue. If the matter is not resolved, then a finalized IL must be forwarded to the Tribunal no later than Monday, April 22, 2024.

7Parties 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://global.gotomeeting.com/join/687587165

Access code: 687-587-165

8Parties 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

9Persons 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: 1-888-299-1889 Or + 1 (647)-497-9373.The Access Code is as indicated above.

10Individuals 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.

ORDER

11The Tribunal Orders that a second CMC will commence by Video Hearing on Monday, April 29, 2024, at 10 a.m.

12There will be no further notice.

13The Member is not seized but may be spoken to through the Case Coordinator, should any procedural issues arise.

G.A. Croser

G.A. CROSER 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.