Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 3, 2024
CASE NO.: OLT-23-001148
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Brotto Investments Inc.
Subject: Proposed Official Plan Amendment No.
Description: To permit the construction of a new commemorative parkette and a six-storey apartment building
Reference Number: OPA-2023-1
Property Address: 183 Main Street East
Municipality/UT: Kingsville/Essex
OLT Case No.: OLT-23-001148
OLT Lead Case No.: OLT-23-001148
OLT Case Name: Brotto Investments Inc. v. Kingsville (Town)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Brotto Investments Inc.
Subject: By-law No.
Description: To permit the construction of a new commemorative parkette and a six-storey apartment building
Reference Number: ZBA-2023-1
Property Address: 183 Main Street East
Municipality/UT: Kingsville/Essex
OLT Case No.: OLT-23-001149
OLT Lead Case No.: OLT-23-001148
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Brotto Investments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the construction of a new commemorative parkette and a six-storey apartment building
Reference Number: ZBA-2023-14
Property Address: 183 Main Street East
Municipality/UT: Kingsville/Essex
OLT Case No.: OLT-23-001198
OLT Lead Case No.: OLT-23-001148
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18. as amended
Applicant and Appellant: Brotto Investments Inc.
Subject: Refusal of Heritage Alteration Application
Description: To relocate, preserve and restore the Esther Jasperson Campbell House
Reference Number: ZBA-2023-14
Property Address: 183 Main Street East
Municipality/UT: Kingsville/Essex
OLT Case No.: OLT-24-000142
OLT Lead Case No.: OLT-23-001148
BEFORE:
STEVEN COOKE VICE-CHAIR
Tuesday, the 3rd day of December, 2024
THIS MATTER having come on for a hearing on December 2, 2024.
AND THE TRIBUNAL having reviewed the Harry Froussios expert land-use planning evidence on December 1, 2024 and his sworn affidavit of November 21, 2024, and having reviewed the Minutes of Settlement executed by all Parties, and having received confirmation that the Appellant withdraws its appeal of Council’s refusal to consent to the application to relocate, preserve, and restore the Esther Jasperson Campbel house (OLT-24-001142), and having considered the submissions of Counsel for the Parties.
THE TRIBUNAL ORDERS:
(a) That in accordance with subsection 17(50) of the Planning Act, R.S.O. 1990, c. P.13 the appeal bearing OLT-23-001149 is allowed in part, and the Town of Kingsville’s Official Plan is hereby amended in accordance with Attachment 1 to this Order.
(b) That in accordance with section 34(26)(b) of the Planning Act, R.S.O. 1990, c. P.13 the appeals bearing OLT-23-001149 and OLT-23-001198 are allowed in part, and the Town’s Comprehensive Zoning By-law No. 1-201