Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 11, 2024
CASE NO(S).: OLT-23-000900
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/ Appellant: Tim Ford
Subject: Zoning By-law / Amendment
Description: To permit two Additional Residential Units in the existing structure
Reference Number: ZN 7-23-03
Property Address: 332 Broadway
Municipality/UT: Town of Tillsonburg
OLT Case No.: OLT-23-000900
OLT Lead Case No.: OLT-23-000900
OLT Case Name: Ford v. Tillsonburg (Town)
Heard: February 22, 2024 by Video Hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Tim Ford ("Appellant") | Self-represented |
| Town of Tillsonburg ("Town") | Unrepresented |
| Helen Lamos | Self-represented |
| John Armstrong | Self-represented |
DECISION DELIVERED BY F. LAVOIE AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The matter before the Tribunal is an Appeal by Tim Ford pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13 ("Planning Act"), as amended, in respect of Town Council's refusal of his Application for a Zoning By-law Amendment ("ZBA"), to permit two additional residential units on his property municipally known as 332 Broadway ("Subject Property").
2The Town did not participate in the Merit Hearing. Helen Lamos and John Armstrong, both residing near the Subject Property, were the Parties opposed to this Appeal. Simply put, they raised issues of safety relating to the parking proposed in the Application.
DECISION
3For the reasons that follow, the Tribunal allows the Appeal and approves the ZBA.
SUBJECT PROPERTY
4The Subject Property is approximately 452.3 square metres, with a single detached dwelling and detached garage, and is currently zoned Neighbourhood Commercial Zone (NC). The dwelling currently contains two residential units, one of which was developed by a previous owner without a building permit. The Appellant's Application seeks to legalize the second unit and add a third residential unit to the dwelling.
5The Subject Property is bounded by Broadway and Gowrie Street East, as well as a laneway running parallel to Broadway referred to as "Blossom Lane". The land uses in the immediate context surrounding the Subject Property are detached residential dwellings.
THE ZBA APPLICATION
6The Appellant seeks a ZBA to change the Subject Property's zoning to Special Neighborhood Commercial Zone, in order to add two residential units. The Draft Zoning By-Law requires a minimum of four parking spaces on the Subject Property – two for the existing legal dwelling and one for each additional unit.
EVIDENCE
7The Tribunal marked the following documents as Exhibits:
a. Exhibit 1: Town Planning Report prepared by Laurel Davies Snyder, dated July 17, 2023; b. Exhibit 2: Applicant's Sketch – Parking Plan; c. Exhibit 3: Visual Evidence of Mr. Armstrong; d. Exhibit 4: Visual Evidence of Ms. Lamos; and e. Exhibit 5: Visual Evidence and Schedules of Mr. Ford.
8The Tribunal heard testimony from Mr. Armstrong, Ms. Lamos, and the Appellant, each as lay witnesses. The Tribunal did not have the benefit of expert testimony providing opinion evidence in land use planning or otherwise.
9Both Mr. Armstrong and Ms. Lamos stressed in their testimony that the proposed parking plan of the Appellant was unsafe. Several pictures of Broadway, the Subject Property, and Blossom Lane were presented in support of this submission. However, under cross-examination, both Parties stated they had no reports or documentation supporting their safety concerns. Mr. Armstrong and Ms. Lamos contend that the insufficient size of Blossom Lane and the high traffic volume on Broadway render each unsuitable for parking spots at the Subject Property.
ANALYSIS AND FINDINGS
10The Tribunal carefully considered all of the materials provided, including the Planning Report prepared by the Town's planning staff. The Planning Report recommended Council approve the ZBA Application. The land use planning analysis concluded that the ZBA Application is consistent with the Provincial Policy Statement, 2020 ("PPS"), by providing three housing opportunities within walking distance of the Town's Central Area and facilitating intensification by utilizing existing infrastructure efficiently. It was also the opinion of planning staff that the ZBA Application proposal was compatible with the existing land uses, building forms, and lot fabrics in the vicinity, and therefore conformed with the policies of the Official Plan ("OP") regarding Low Density Residential areas in the Town.
11Notably, the Planning Report refers to Tillsonburg Zoning By-Law subsection 5.29 on Sight Triangles, which sets out provisions for maintaining clear sight lines between intersecting streets. To avoid potential sight line interruption at the intersection of Broadway and Gowrie Street East, the Appellant confirmed with Town's planning staff that no parking would be allowed directly between the building and Broadway.
12Put differently, the Appellant's parking plan proposal, which locates parking in Blossom Lane and a driveway exiting on Broadway, meets the safety concerns raised by planning staff with respect to the sight triangles at the intersection of Broadway and Gowrie Street East. Planning staff were satisfied with the Application's proposed parking plan "in the existing driveways on the Subject Property" and did not identify safety issues arising from same. Pursuant to s. 2.1(2) of the Planning Act, the Tribunal prefers the opinions contained in the Planning Report over the conjecture of Mr. Armstrong's and Ms. Lamos' testimony with regards to the safety of the parking plan.
13Based on land use planning evidence detailed in the Planning Report and in the absence of contradictory planning evidence, the Tribunal finds that the requested ZBA has due regard for matters of provincial interest in s. 2 of the Planning Act, is consistent with the PPS, conforms with the Town's OP, and represents good planning in the public interest.
ORDER
14THE TRIBUNAL ORDERS that:
a. The appeal is allowed and By-law 3295 of the Town of Tillsonburg is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the Municipal Clerk of the Town of Tillsonburg to assign a number to this By-law for record keeping purposes.
"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.
ATTACHMENT 1