Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 27, 2024
CASE NO(S).: OLT-23-001171
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Steven Andrews Applicant: Homestead Land Holdings Limited Subject: Proposed Official Plan Amendment Description: Proposed to develop a 25-storey residential building Reference Number: D01-01-22-0012 Property Address: 200 Clearview Avenue Municipality/UT: Ottawa/Ottawa OLT Case No: OLT-23-001171 OLT Lead Case No: OLT-23-001171 OLT Case Name: Andrews v. Ottawa (City)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Steven Andrews Applicant: Homestead Land Holdings Limited Subject: Zoning By-law Description: Proposed to develop a 25-storey residential building Reference Number: D02-02-22-0099 Property Address: 200 Clearview Avenue Municipality/UT: Ottawa/Ottawa OLT Case No: OLT-23-001172 OLT Lead Case No: OLT-23-001171
Heard: February 23, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| Steven Andrews ("Appellant") | Self-Represented |
| City of Ottawa ("City") | Timothy C. Marc |
| Homestead Land Holdings Limited ("Applicant") | Eileen P.K. Costello |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. Lavoie ON FEBRUARY 23, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the first Case Management Conference ("CMC") held regarding the appeals filed by Steven Andrews pursuant to s.17(24) and 34(19) of the Planning Act, R.S.O. 1990, c. P.13, in respect of Council for the City’s approval of the Applicant’s Official Plan and Zoning By-law Amendment Applications, to develop a 25-storey residential building on the Applicant’s property municipally known as 200 Clearview Avenue.
PROCEDURAL MATTERS
2The Tribunal was in receipt of two Affidavits of Service, one sworn by Leila Abdullahi and the other by Jennifer Bauman, each dated on Monday, February 5, 2024. Counsel for the City explained that a second Affidavit of Service was prepared due to the need to send the notice to one of the recipients by Canada Post. There were no issues with the service of notice for the CMC and as such, no further notice is required.
3The Tribunal was in receipt of a Participant Status request from Gerry Salembier. Mr. Salembier attended the CMC, and wrote in his Participant Statement that he resides in a townhome directly across Clearview Avenue from the proposed development. He is opposed to the appeal being granted and takes issue with the Appellant’s position that the proposed development is to be moved closer to Clearview Avenue and the townhomes to the north. While concerned about the shading impacts, among other things, of the development as proposed by the Applicant, he submits the Appellant’s desired outcome would worsen these impacts. The Parties did not object to Mr. Salembier’s Participant status request. The Tribunal hereby grants Participant status to Mr. Salembier.
4Before the CMC, the Parties provided the Tribunal with a draft Procedural Order and Issues List. The Tribunal directs Counsel for the City to finalize the draft Procedural Order now that the Merit Hearing has been scheduled, by Friday, March 8, 2024.
SCHEDULING OF THE MERIT HEARING
5The Appellant, Counsel for the Applicant and Counsel for the City advised the Tribunal that three days are anticipated to fully address the appeals.
6The Tribunal scheduled the three-day (3) Hearing to commence on Wednesday, July 3, 2024, at 10 a.m. by Video Hearing.
7The Hearing is scheduled to proceed by Video as follows:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9391
8Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
9Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
12THE TRIBUNAL ORDERS the following:
a. That Gerry Salembier is granted Participant status;
b. The City will provide a finalized Procedural Order no later than Friday, March 8, 2024; and
c. A Hearing on the Merits will commence by Video Hearing on Wednesday, July 3, 2024, at 10 a.m. Three days (3) have been set aside for the Hearing.
13There will be no further notice.
"F. Lavoie"
F. LAVOIE
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.