Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 27, 2024
CASE NO(S).: OLT-23-001184
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Stephanie Bradt
Subject: Zoning By-Law Amendment Appeal of Decision
Description: Zoning by-law amendment to prohibit Short Term Rental Accommodations in the Municipality of Lakeshore
Reference Number: ZBA-14-2023
Property Address: Various properties, including but not limited to 1221 Surf Club Drive
Municipality: Municipality of Lakeshore
OLT Case No.: OLT-23-001184
OLT Lead Case No.: OLT-23-001184
OLT Case Name: Bradt v. Lakeshore (Municipality)
Heard: February 21, 2024
APPEARANCES:
| Parties | Counsel |
|---|---|
| Stephanie Bradt (“Appellant”) | Jonathan Nehmetallah |
| Municipality of Lakeshore (“Municipality”) | Kelly Nenniger |
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN, FEBRUARY 21, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference ("CMC”) respecting an appeal filed by Stephanie Bradt. The Appeal arises following the Municipality of Lakeshore’s passing of a Zoning By-law Amendment (“ZBA”) Application to add the definition of ‘Short-Term Rental Accommodation’ and add general policies that prohibit Short Term Rental Accommodations within the Municipality of Lakeshore but continue to permit Bed and Breakfast establishments.
2The ZBA applies to various addresses, including but not limited to 1221 Surf Club Drive in the Municipality of Lakeshore, in the County of Essex.
3The Tribunal received an Affidavit of Service dated February 5, 2024, executed by Brianna Coughlin, acknowledging that proper Notice of the CMC had been served, and the Tribunal marked this Affidavit as Exhibit 1.
REQUEST FOR STATUS
4Although the Tribunal received no requests for either Party or Participant status prior to this CMC, Counsel indicated that the Appellant is currently seeking a not-for-profit incorporation for the group known as Lakeshore Short Term Accommodation Association (“LSTAA”) which she represents. The Tribunal advised that should the incorporation not be completed by the next CMC, those who currently belong to LSTAA have the opportunity to submit a Request for Participant Status form to the Case Coordinator with their comments. Consideration of all status requests will be considered at the next CMC.
Mediation
5The Parties indicated they will be seeking non-Tribunal-led mediation in an effort to resolve or reduce the issues in dispute. The results of which will determine the next steps in the Appeal.
Next Steps
6The Parties are encouraged by collaborative discussions surrounding the ZBA and indicated that a second CMC would be fruitful to move this matter forward. Both Parties agreed that a CMC in either May or June 2024 will allow for the Municipality to process any settlement, should one arise.
7The Parties are directed to advise the Tribunal if a settlement has been reached or to submit a draft Procedural Order inclusive of any outstanding issues no later than Wednesday May 29, 2024, to the Case Coordinator to move this matter forward.
8A second CMC will commence on Wednesday, June 12, 2024, at 10 a.m. by video hearing.
9Parties are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
10Parties 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
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll-Free) 1-888-299-1889 or +1 (647) 497- 9373. The Access Code is indicated above.
12Individuals 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 Video Hearing 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.
13The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
14THE TRIBUNAL ORDERS that a second Case Management Conference commence on Wednesday June 12, 2024, at 10 a.m. by video hearing.
15This Member is not seized but will continue to manage this file.
16This Member remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
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.