Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 27, 2024
CASE NO(S).: OLT-23-000847
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Heather Brewer
Applicant: TPIC Holdings
Subject: Zoning By-law
Description: Zoning By-Law to permit Cluster Housing Dwellings
Reference Number: ZBA-21-2022
Property Address: 555 Main Street West
Municipality/UT: North Perth/Perth
OLT Case No: OLT-23-000847
OLT Case Name: Brewer v. North Perth (Municipality)
Heard: February 22, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| TPIC Holdings (Applicant) | Kim Jones* |
| Heather Brewer (Appellant) | Douglas Pratt |
| Municipality of North Perth | Steven O’Melia |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON February 22, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This appeal arises following the approval of Zoning By-law (“ZBL”) Amendment Application No. ZBA 21-22 (“Application”) by TPIC Holdings on behalf of the owners Fay and Tyrone Cross, seeking to amend the zoning for lands known municipally as 555 Main Street West, (“Subject Property’) from R-4 to R-5-20 to permit multiple dwelling units, and to recognize setbacks for the existing buildings on the Subject Property. A total of eight apartment units are proposed for the Subject Property that would include the renovation of the existing single detached dwelling to accommodate six dwelling units, and to renovate the existing detached garage, to accommodate two dwelling units.
2The Subject Property is 2,789 square metres (“m2”) with approximately 55 metres (“m”) of frontage on Main Street West. There are two existing buildings on the Subject Property; a former single detached dwelling that was a Bed and Breakfast which now operates as apartments, that is approximately 287 m2; and a detached garage used for storage that is approximately 77 m2 in size. The Subject Property is approximately 400 m east of the downtown core and is surrounded by low to high density residential units, the Listowel Chamber of Commerce to the south, and an existing fourplex to the west.
3There is no issue with service of the Notice of this Case Management Conference and the Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
4The relief requested through the Application was to amend the zoning on the Subject Property to permit multiple dwelling units, and to recognize certain setbacks for the existing buildings. The proposed development does not include any changes or alterations to the exterior of the building. The development proposal would be considered as Cluster Housing Dwellings in the North Perth ZBL.
5Through mediation style discussions, the Parties submitted that providing additional clarity to By-law No. 83-2023 by way of an Amendment, to add site-specific criteria, the concerns of the Appellant could be addressed, and the objectives of the Owners and the planning intent of the Municipality could be realized.
6Disposition of the matter has come before the Tribunal as a settlement motion (“Settlement”). The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. The uncontested opinion evidence of John Bice, a Candidate as a Registered Professional Planner, contained in his comprehensive affidavit sworn on Tuesday, February 20, 2024 (marked as Exhibit 2);
ii. Draft By-law No. 83-2023 Amendment (marked as Exhibit 3); and
iii. The Parties’ oral submissions in support of the Settlement.
Decision and order
7The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Bice reflects revisions to the application before the Tribunal that were reached through the cooperative efforts of the Parties.
8The Tribunal accepts the opinion evidence of Mr. Bice as presented in his affidavit, and similarly finds that the subject application, as revised, has regard to those applicable matters of provincial interest found in s. 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, conforms to the Perth County Official Plan and the Listowel Ward Official Plan, and otherwise reflect principles of good land use planning.
9THE TRIBUNAL ORDERS THAT:
- The appeal against By-law No. 83-2023 of the Municipality of North Perth is allowed, in part, and By-law No. 83-2023 is amended as set out in Attachment 1 to this Order. In all other respects, the Tribunal orders that the appeal is dismissed.
“J. Innis”
J. INNIS
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
ATTACHMENT 1
THE CORPORATION OF THE MUNICIPALITY OF NORTH PERTH
BY-LAW NO. 83-2023
Being a By-law to amend By-law No. 6-ZB-1999, as amended, which may be cited as "The Zoning By-law of the Municipality of North Perth", and which is a By-law to regulate the use of land and the character, erection, location and use of buildings and structures and to prohibit certain buildings, structures and uses in various defined areas of the Corporation of the Municipality of North Perth.
WHEREAS the Council of the Corporation of the Municipality of North Perth deems it necessary in the public interest to pass a By-law to amend By-law No. 6-ZB-1999, as amended;
AND WHEREAS pursuant to the provisions of Section 34 of the Planning Act, as amended, By-laws may be passed by Councils of municipalities for prohibiting or regulating the use of land and the erection, location, or use of buildings or structures within the municipality for or except for such purposes as may be set out in the By-law, and for regulating in certain respects buildings or structures to be erected or located within the municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF NORTH PERTH ENACTS AS FOLLOWS:
THAT the area shown in stippling on the attached map, Schedule "A", and described as South Part Lots 7 and 8, Plan 152, N/S Main St, Listowel Ward, Municipality of North Perth (555 Main Street West) shall be removed from the Residential Zone Four “R4” and be placed within the Residential Zone Five Special “R5-20”. The area zoned “R5-20” shall be subject to the provisions of Section 11.6.20 of By-law No. 6-ZB-1999 as hereinafter set forth. The zoning on the stippled area shall be shown as “R5-20” on Key Map 31 of Schedule “A” to the By-law as amended.
THAT the following provisions be added to Section 11.6.20:
a) Location: South Part Lots 7 and 8, Plan 152, N/S Main St, Listowel Ward, Municipality of North Perth (555 Main Street West) (Key Map 31);
b) The minimum front yard setback shall be 4.4 metres for structures existing on the day of passing of this by-law;
c) The minimum interior side yard setback shall be 2.4 metres for structures existing on the day of passing of this by-law;
d) The minimum rear yard setback shall be 4.6 metres for structures existing on the day of passing of this by-law;
e) The maximum building height shall be 12 metres for structures existing on the day of passing of this by-law;
f) The maximum number of dwelling units on the subject property shall be eight (8);
g) Any addition that is erected must be constructed so as to fit in with the character and design of the existing cluster dwelling; and
h) All other applicable provisions of this By-law shall apply.
THAT notwithstanding any provisions of Section 11.1 of this By-law to the contrary, for lands within the R5-20 Zone as shown on Key Map 31 of Schedule A to By-law No. 6-ZB-1999, the only permitted use shall be two (2) cluster housing dwellings with up to a maximum of six (6) dwelling units within the existing building located along the southeasterly portion of the site and a maximum of two (2) dwelling units within the existing building located along the northwesterly portion of the site;
THAT all other provisions of this By-law, as amended, shall apply.
THAT Schedule "A", attached hereto, shall form part of this By-law.
THAT the Clerk is hereby authorized and directed to provide notice of the passing of this By-law in accordance with the Planning Act, as amended, and to Regulations thereunder.
THAT the By-law shall come into force on the date that it was passed, pursuant to the Planning Act, and to Regulations thereto.
THE MUNICIPALITY OF NORTH PERTH
BY-LAW NO. 83-2023
EXPLANATORY NOTE
By-law No. 83-2023 of the Corporation of the Municipality of North Perth is an amendment to the Municipality of North Perth Zoning By-law No. 6-ZB-1999 and affects lands in the Municipality of North Perth described as South Part Lots 7 and 8, Plan 152, N/S Main St, Listowel Ward, (555 Main Street West). This application has been initiated by TPIC Holdings on behalf the property owners Fay and Tyrone Cross.
By-law No. 83-2023 rezones the lands to the “R5-20” zone which permits Cluster Housing Dwellings. The zoning on this land shall be shown as “R5-20” on Key Map 31 of Schedule “A” to the By-law. The site-specific nature of the “R5-20” zone shall be:
To permit a minimum front yard of 4.4 metres, whereas a minimum front yard of 6.0 metres is required (Section 11.5A.3);
To permit a minimum interior side yard of 2.4 metres, whereas a minimum interior side yard of 4.5 metres is required (Section 11.5.A.4);
To permit a minimum rear yard setback of 4.6 metres, whereas a minimum rear yard of 7.5 metres is required (Section 11.5.A.6);
To permit a maximum building height of 12.0 metres, whereas a minimum building height of 10.5 metres is required (11.5.A.7); and
To permit a maximum of eight (8) dwelling units as part of the Proposed Development; and
Any addition that is erected must be constructed so as to fit in with the character and design of the existing cluster dwelling.
Additionally, the only permitted use shall be two (2) cluster housing dwellings with up to a maximum of six (6) dwelling units within the existing building located along the southeasterly portion of the site and a maximum of two (2) dwelling units within the existing building located along the northwesterly portion of the site.
The attached Schedule “A” is considered part of this By-law.