Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 26, 2024
CASE NO(S).: OLT-23-001310
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1998050 Ontario Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit conversion of existing single-detached dwelling with an ADU to a semi-detached dwelling.
Reference Number: ZBA 2023-06
Property Address: 92-94 King St S, Harriston
Municipality/UT: Minto/Wellington
OLT Case No.: OLT-23-001310
OLT Lead Case No.: OLT-23-001310
OLT Case Name: 1998050 Ontario Ltd. v. Minto (Town)
Heard: April 22, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
1998050 Ontario Inc.
Alexandra Ferrier
Town of Minto
Chris Manning
Peter Hertz (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON APRIL 22, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference was held in respect of an Appeal filed pursuant to s. 34(11) of the Planning Act concerning a refusal by the Town of Minto of an Application to amend the Town’s Zoning By-Law in respect of the property municipally known as 92-94 King Street South.
2The Application was filed by 1998050 Ontario Inc. and would permit the existing detached dwelling with an accessory apartment to be re-zoned to a semi-detached dwelling use without any changes to the existing building other than installation of separate water and sewer service and, thereby, allow for a future consent along the shared wall.
NOTICE
3An Affidavit of Service sworn on March 15, 2024, attesting to the giving of notice for this proceeding, was marked as Exhibit 1.
MEDIATION
4The Parties indicated a desire to engage in Tribunal-led mediation to narrow and potentially resolve the issues and will contact the Case Coordinator to arrange same.
HEARING DATES
5At the request of the Parties, the Tribunal scheduled a three-day Video Hearing event commencing on Tuesday, September 3, 2024, at 10 a.m. and continuing to Thursday, September 5, 2024.
6Parties 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:
GoToMeeting: https://meet.goto.com/348282861
Access Code: 348-282-861
7Parties 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
8Persons 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: (Toll-Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
9Individuals 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.
ORDER
10The directions set out above are so ordered by the Tribunal.
11No further notice is required.
12The Member is not seized of this matter.
“A. Mason”
A. Mason
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.