Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 23, 2024
CASE NO.: OLT-23-000033
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants/Appellants: Parry Levine & Lindsay Ellis
Subject: Zoning By-law Amendment
Description: To facilitate the construction of a single detached dwelling on private services
Reference Number: ZBA 26-22
Property Address: Part Park Lot 1 & 2 N/S Macauley St., Arthur
Municipality/Upper Tier: Wellington North/Wellington
OLT Case No.: OLT-23-000033
OLT Lead Case No.: OLT-23-000033
OLT Case Name: Ellis v. Wellington North (Township)
BEFORE:
M.A. SILLS
VICE-CHAIR
Friday, the 23rd day of February, 2024
THIS MATTER having come on for a public hearing, and the Tribunal in its Decision issued on November 22, 2023, having withheld its final Order pending the delivery of a final and acceptable version of the By-law, acceptable to both parties;
THE TRIBUNAL ORDERS that the appeal is allowed, and By-law 66-01, as amended, of the Township of Wellington North, is hereby amended in the manner set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk to assign a number to this By-law for record keeping purposes.
"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
THE CORPORATION OF THE TOWNSHIP OF WELLINGTON NORTH
BY-LAW NUMBER _________________.
BEING A BY-LAW TO AMEND ZONING BY-LAW NUMBER 66-01
BEING THE ZONING BY-LAW FOR THE TOWNSHIP OF WELLINGTON NORTH
NOW THEREFORE THAT THE FOLLOWING BE ENACTED:
THAT Schedule ‘A’ Map 2 to By-law 66-01 is amended by changing the zoning on a portion of the lands described as Part Park Lot 1 & 2 N/S Macauley St, Arthur, as shown on Schedule “A” attached to and forming part of this By-law from:
- Future Development (FD) to Future Development Exception (FD-09)
THAT Section 31, Arthur Area Exception Zones, is hereby amended by adding the following new exception:
31.09
Part Park Lot 1 & 2
N/S
Macauley St
FD-09
Notwithstanding Section 29, one single detached dwelling on private services and related uses and accessory structures is permitted within the lands zoned FD-09. The single detached dwelling and all accessory uses and structures including accessory residential units, Bed & Breakfast and Home Occupation are subject to the permitted uses, regulations and provisions of Section 9 of the Wellington North Zoning By-law.
This By-law comes into force in accordance with the issuance of the Decision of the Ontario Land Tribunal dated _____, in OLT-23-000033
THE TOWNSHIP OF WELLINGTON NORTH
BY-LAW NO. _______
Schedule “A”
This is Schedule “A” to By-law _________.
Passed this _____ day of ________, ______
EXPLANATORY NOTE
BY-LAW NUMBER __________.
THE LOCATION OF THE SUBJECT LANDS
The subject property is described as Part Park Lot 1 & 2 N/S Macauley St, Arthur. The portion of the property subject to the proposed amendment is approximately 1.2 ha (2.96 ac) in size and is currently zoned Future Development (FD).
THE PURPOSE AND EFFECT of the proposed amendment is to rezone a portion of the subject lands from Future Development (FD) Zone to Site Specific Future Development (FD-09) Zone to permit a single detached dwelling on private services on the subject lands.