Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
February 22, 2024
CASE NO(S).:
OLT-23-000050
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Robert Kafieh
Subject:
Minor Variance
Description:
To permit an establishment of a dog kennel on the subject property
Reference Number:
PLA-2022-171
Property Address:
750 Haldimand Road 53
Municipality/UT:
Haldimand/Haldimand
OLT Case No.:
OLT-23-000050
OLT Lead Case No.:
OLT-23-000050
OLT Case Name:
Kafieh v. Haldimand (County)
APPEARANCES:
Parties
Counsel
Robert Kafieh
M. Rutledge
County of Haldimand
S. Premi
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY S. GOPIKRISHNA
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the Parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on February 12, 2024 is hereby amended.
2By deleting Paragraph [3] from the Decision and replacing it with the following:
3The County and the Appellant reached a Settlement on September 29, 2023, as a result of which the Hearing that was scheduled for October 13, 2023, was instead converted into a Settlement Hearing. As a result of the Settlement, the Appellant requested that the Tribunal approve the following revised variance (“revised variance”/”variance”):
- An Animal Kennel will be permitted within 1.40 metres (“m”) from any lot line, whereas ZBL No. HC 1-2020 does not allow for an Animal Kennel to be permitted within 30.0 m from any lot line.
3In all other respects, the Tribunal’s Decision remains the same.
“S. Gopikrishna”
S. GOPIKRISHNA
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.