Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 25, 2024
CASE NO.: OLT-24-000778
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Town of Whitchurch-Stouffville
Subject: Consent
Description: To create new residential lots within agricultural designation
Reference Number: CA-24-29
Property Address: 17360 Warden Avenue
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No.: OLT-24-000778
OLT Lead Case No.: OLT-24-000778
OLT Case Name: Whitchurch-Stouffville (Town) Re
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: The Town of Whitchurch-Stouffville
Subject: Minor Variance
Description: To permit a smaller minimum lot size, undersized lots within agricultural zone
Reference Number: CA-24-28
Property Address: 17360 Warden Avenue
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No.: OLT-24-000779
OLT Lead Case No.: OLT-24-000778
OLT Case Name: Whitchurch-Stouffville (Town) Re
ORDER
BEFORE: A. MASON, MEMBER L.P. YOU, MEMBER Thursday, the 10th of October, 2024
THESE MATTERS involving appeals under subsections 45(12) and 53(19) of the Planning Act, R. S. O. 1990, c. P. 13, as amended, by the Town of Whitchurch-Stouffville of the decision of the Committee of Adjustment to approve applications for Minor Variance and Consent to Sever with respect to the property located at 17360 Warden Avenue having come before the Tribunal for a one-day uncontested Merit Hearing on October 10, 2024;
AND THE TRIBUNAL, having received and considered the visual and written materials filed by the Town of Whitchurch-Stouffville, including the affidavit and exhibits sworn by Owen Sluga and dated September 26, 2024, a candidate member of the Ontario Professional Planners Institute and candidate member of the Canadian Institute of Planners, in the area of land use planning;
AND THE TRIBUNAL, having reviewed and considered the uncontroverted affidavit evidence of Owen Sluga with respect to the application for Minor Variance, including:
Correspondence from the Owner/Applicant of 17360 Warden Avenue advising the Town of Whitchurch-Stouffville that they do not intend to pursue the approvals granted by the Committee of Adjustment and took no position with respect to the Appeals before the Tribunal;
Opinion evidence that the requested variances do not meet the requirements set out in s. 45(1) of the Planning Act, specifically that:
They do not maintain the intention of the Town of Whitchurch Stouffville Official Plan to discourage the creation of lots in a designated Agricultural Area;
They do not maintain the intention of the Town of Whitchurch Stouffville Zoning By-Law that requires lots in designated Agricultural Areas to be at least 10 hectares where the requested variance would permit a lot size reduction to 2.01 hectares; and
They are not desirable as they enable a lot size that would limit flexibility for future farming operations contrary to provincial interest under section 2 of the Planning Act;
AND THE TRIBUNAL, finds that:
The application for Minor Variance does not meet the requirements set out in subsection 45(1) of the Planning Act and does not represent good planning;
Without approval of the application for Minor Variance, the application for Consent to Sever is denied since it is the granting of the variances that would enable the requested severance to be in compliance with the requirements under subsection 51(24) of the Planning Act, the Provincial Policy Statement 2020, the Greenbelt Plan 2017 and the requisite policies under the Town of Whitchurch-Stouffville Official Plan.
NOW THEREFORE:
THE TRIBUNAL ORDERS that:
the appeals are allowed;
the application for Minor Variance is not authorized; and
the provisional Consent to Sever is not given.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.
ATTACHMENT 1
Hearing Attendance List
Party Name: Town of Whitchurch-Stouffville
Counsel: Kacie Layton