Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 22, 2024
CASE NO(S).: OLT-23-000300
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicants/Appellants: Amanda Egan, Dustin Keogh
Subject: Zoning By-law Amendment Application – refused
Description: To permit construction of an oversized storage shed to be used entirely for a home industry
Reference Number: Z/13/22
Property Address: 7532 30th Sideroad
Municipality: Adjala-Tosorontio/Simcoe
OLT Case No.: OLT-23-000300
OLT Lead Case No.: OLT-23-000300
OLT Case Name: Egan v. Adjala-Tosorontio (Township)
Heard: March 28. 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Amanda Egan and Dustin Keogh
David White, Q.C.
Township of Adjala-Tosorontio
James J. Feehely
MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES ON MARCH 28, 2024 AND FINAL ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter before the Tribunal concerns an appeal filed by Amanda Egan and Dustin Keogh (“Applicants / Appellants”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) against the Township of Adjala-Tosorontio for its refusal to amend the Zoning By-law 03-57, as amended, for lands located in Part of West Half Lot 31, Concession 7 in the Township of Adjala-Tosorontio, County of Simcoe to permit the construction of an oversized detached accessory structure (storage shed) located closer to the rear property line, to be used entirely for a Home Industry, and to further permit a reduction in the required parking spaces and an increase in employees.
BACKGROUND AND DESCRIPTION OF SUBJECT PROPERTY
2The Subject Property is municipally known as 7532 30th Sideroad and is located on the north side of 30th Sideroad. The 1.65-hectares (4-acres) property owned by the applicants supports a landscaping business (DNA Landscaping) as a Home Industry. The lands consist of a residential dwelling and two accessory buildings to the east of the residential dwelling, which contain some outdoor storage, which is all proposed to be relocated into the proposed storage shed. The east lot line of the Subject Property is the municipal boundary between the Township of Adjala-Tosorontio and the Town of New Tecumseth.
3The Subject Property is designated Rural on Schedule A4 of the Township’s Official Plan. The Subject Property is zoned “Rural R” on Schedule A-4 to Zoning By-Law 03-57.
4The purpose of the Application is to construct an oversized accessory storage building of 557.2 square metres (6,000 square feet) on the Subject Property and to further permit a reduction in the required parking spaces and an increase in employees through a site-specific Zoning By-Law Amendment (“Proposal”). The Applicants propose to submit an application for Site Plan Approval following the approval of the Zoning By-law Amendment, which will specifically address landscaping buffers, hours of operation, the location of the proposed accessory building, outdoor storage, and lighting.
5The Tribunal received the Proposed Draft Order and Schedule 1 from both Counsel. The Tribunal raised a concern regarding the jurisdiction of the Tribunal to order Condition Item 3.iii set out in Schedule 1, as the intent of a Zoning By-law is to regulate the use of land and NOT the user. Item 3.iii, Schedule 1 reads as follows:
“THAT NOTWITHSTANDING section 3.13.d) of this By-law, four persons excluding the owner and members of the family residing in the dwelling shall be employed [emphasis added] in the Home Industry”.
6Counsel agreed with the Tribunal and, on consent, undertakes to file a Revised Schedule 1 forthwith at the conclusion of this settlement hearing that would remove Item 3.iii as set out above in Schedule 1 in order for the Site Plan Agreement to proceed expeditiously.
7There were no requests for Party or Participant Status and no comments during the public meeting.
HEARING:
Evidence
8During the Settlement Hearing, the Tribunal entered four exhibits:
TWO: Proposed Order submitted by Counsel;
THREE: Original Schedule 1;
FOUR: Affidavit of Ms. Bonnie Tang; and,
FIVE: “Revised” Schedule 1.
9The Tribunal heard uncontested viva voce evidence from Bonnie Tang, LEED-GA Planner of Thornstone Consulting Services retained on behalf of the Applicants/Appellants to assist with the Zoning By-Law Amendment process for the Subject Property. The Tribunal affirmed and qualified Ms. Tang as an Expert Witness in the field of Land Use Planning, having given evidence before the Tribunal previously. Her Affidavit and Acknowledgement of Expert Duty were marked Exhibit Four to this Settlement Hearing.
10Ms. Tang explained the nature and background of the Proposal through her evidence. She reviewed the proposed provisions set out in Schedule 1, paragraph 3 (i) to (vi).
LEGISLATION:
11As outlined viva voce in her testimony and as well in her affidavit, Ms. Tang undertook a review of the relevant legislation from a policy context for the Tribunal to consider.
Provincial Policy Statement (2020)
12She opined that Section 1.1.5 regarding Rural Lands in Municipalities would be applicable to this proposal and recited specifically 1.1.5.2 items (a) through (g) inclusive, and further, 1.1.5.4 regarding development that is compatible with the rural landscape and can be sustained by rural service levels should be promoted. The PPS permits Home Industries on Rural Lands, and therefore, the proposal conforms to the policies of the PPS.
Growth Plan for the Greater Golden Horseshoe (2020)
13She testified that Section 2.2.9 of the Growth Plan outlines policy direction regarding Rural Areas in the GGH. She testified that the proposed development conforms to the policy direction of the Growth Plan as the Home Industry is an appropriate rural land use and meets policies 2.2.9.3.c.(i), (ii), (iii). She indicated that the Home Industry has existed on the Subject Property since 2016. The Zoning By-law Amendment application is to ensure that the items and materials located at the rear of the Subject Property can be shielded from the elements by being kept indoors. Therefore, the proposed accessory storage building conforms to the Growth Plan.
County of Simcoe Official Plan (2008)
14Ms. Tang referred to Section 3.3.7 of the County’s O.P. requiring the Subject Property to be subject to land use policies of the Agricultural designation. She testified that following a meeting with Staff to review the County Official Plan policies set out in sections 3.3.1 and 3.6.6 identifying permitted uses within the Agricultural designation, it was concluded that residential uses are permitted uses within both the Rural and Agricultural designations. As such, the Home Industry use is an existing accessory use to the permitted residential use and therefore meets the policies of the County of Simcoe Official Plan.
Township of Adjala-Tosorontio Official Plan (2000)
15As quoted in her Planning Report, Ms. Tang referred to section 4.4 of the Official Plan outlining policies regarding the Rural designation. She cited policies 4.4.2.1., 4.4.2.3., 4.4.3.1, and 4.4.4.9. that permits Home Industries within the Rural designations and Home industries are permitted within separate buildings. The proposal to develop an accessory storage shed for the purpose of the Home Industry conforms to the policies of the Official Plan.
Township of Adjala-Tosorontio Zoning By-law 03-57 (2003)
16Ms. Tang indicated the Subject Property is Zoned Rural (R) on Schedule “A4” to the Township of Adjala-Tosorontio Zoning By-law 03-57, which permits the uses as set out in Section 5.1. of the said Zoning By-law. She included a compilation of the requirements set out in the Adjala-Tosorontio Zoning By-law regarding Accessory Uses, Home Industry, and the setback requirements for other uses in the Rural zone as follows:
Section
Item
Required
Proposed
3.4.d)
Within residential zones, the height of an accessory building shall not exceed the height of the principal buildinq.
Existing one storey dwellinq
7.3 metres
3.4.e)i)
In any Residential Zone, in the case of a residential use, an accessory building or structure which is not part of a principal building shall be erected in the rear yard or side yard.
To be located in rear yard or side yard
To be located in rear yard
3.4.i)iii)
In all other zones the gross floor area shall not exceed 100 square metres (1076.4 square feet)
100 square metres
557.4 square metres
3.13.a)i)
Outside storage shall be located to the rear of the dwelling and shall comply with the setback provisions for accessory buildings, uses and structures. No outside storage use shall be permitted within 15 metres (49.2 feet) of an abutting residential, open space or industrial zone or adjacent residential use.
Outdoor storage is located to the rear and complies with the setback (Refer to Figure 6B - detailed Site Plan)
3.13.a)ii)
Outside storage shall not be more than 50 percent of the gross floor area above grade of the home industry accessory building used in connection with the home industry and such storage of goods or material shall not exceed 1.5 metres (4.9 feet) in height above grade and shall be screened from view by either a landscape buffer having a minimum width of 2.0 metres (6.6 feet) or a 2.0 metre (6.6 feet) hiah tiaht board fence.
Outdoor storage is less than 50 percent of proposed accessory building GFA and does not exceed 1.5 metres in height and Site Plan shows a significant landscape buffer between storage and lot line (Refer to Figure 6B - detailed Site Plan)
3.13.c)
The maximum gross floor area of the Home Industry shall be 50 percent of the gross floor area of the accessory structure.
50%
100%
3.13.d)
Not more than two (2) persons excluding the owner and members of the family residing in the dwelling shall be employed in the Home Industry.
4 persons employed
3.13.f)
One (1) off-street parking space shall be provided for each 30 square metre (322.9 square feet) of gross floor area devoted to the home industry in addition to that required for the dwelling.
One (1) off-street parking space to be provided for each 140 square metres (1,507 square feet) of gross floor area devoted to the Home Industry; total of 4 parking spaces
Schedule B: 5.1
Minimum Frontage (metres)
60.0
91.4
Minimum Area (ha.)
1.0
1.65
Maximum Coveraae
10%
5.8%
Front Yard Setback (metres)
20.0
152.9
Interior Side Yard Setback (metres)
10.0
10.0
Rear Yard Setback (metres)
10.0
7.0
17She opined that the proposed accessory shed meets most of the requirements of the Zoning By-law, including setbacks. She addressed the zoning provisions she would propose through the site-specific Zoning By-law Amendment which would permit the accessory storage shed to be 558 square metres in size whereas a maximum of 100 square metres is permitted; to permit the accessory storage shed to be used 100 percent for the Home Industry whereas a maximum of 50 percent of the accessory building is permitted to be used for the Home Industry; to permit four (4) persons excluding the owner and members of the family residing in the dwelling to be employed in the Home Industry; to permit one (1) off-street parking space to be provided for each 140 square metres (1,507 square feet) of gross floor area devoted to the Home Industry for a total of four (4) parking spaces; and, to permit a rear yard setback of 7.0 metres for the accessory building.
18Through the testimony of Ms. Tang, she considered land use compatibility given the residential designations and development of lands to the east in the Town of New Tecumseth. To that end, she reviewed the Ministry of the Environment, Conservation, and Parks’ (“MECP”) D-6 Compatibility Between Industrial Facilities Guidelines. The Class I classification would require a minimum setback of 20 metres (65.6 feet) for any adjacent sensitive uses. As shown on the Figure 6B Site Plan, the closest point source of any noise is well beyond the recommended 20 metres setback. It is further recommended and proposed that the naturalized area identified in Figure 6B Site Plan along the east lot line will be enhanced and will provide additional visual screening and noise buffering over time to the adjacent subdivision.
19It was further the opinion of Ms. Tang that the overall Home Industry area of the accessory building is small in scale and does meet the intent and purpose of the applicable policies.
20The Municipality called no evidence.
ANALYSIS AND FINDINGS:
21The Tribunal has considered and accepts the uncontroverted viva voce evidence of Ms. Tang together with her Planning Justification Report in support of the planning merits of the Settlement Proposal outlined in the Revised Schedule 1.
22The Tribunal finds, through the evidence of Ms. Tang, that the request for the Zoning By-law Amendment has regard to matters of provincial interest set out in s. 2 of the Planning Act,
Is consistent with the Provincial Policy Statement (PPS) 2020;
Conforms to the Growth Plan for the Golden Horseshoe;
Conforms with the purpose, intent, and policies of the County of Simcoe Official Plan;
Conforms to the policies of the Township of Adjala-Tosorontio Official Plan;
The proposed development satisfied the criteria set out under section 34 of the Planning Act for a Zoning By-law Amendment; and,
Represent good planning and is in the public interest.
ORDER
23THE TRIBUNAL ORDERS THAT, in accordance with Section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended:
- The appeal by Amanda Egan, Dustin Keogh, and DNA Landscaping of their application to amend Township of Adjala-Tosorontio Zoning By-law 03-57 is hereby allowed, in part, and the draft Zoning By-law Amendment attached as Schedule 1 is approved in principle with the exception of paragraph 3.iii, as follows:
“That notwithstanding section 3.13.d) of this By-law, four (4) persons excluding the owner and members of the family residing in the dwelling shall be employed in the Home Industry.”
- On the consent of the parties and upon immediately following the hearing, a “Revised” Schedule 1 was filed and received by the Tribunal. Therefore, the Township of Adjala-Tosorontio Zoning By-law 03-57 is hereby amended by By-law 32-22 in the form attached to this Order as “Revised” Schedule 1.
“Jackie Denyes”
JACKIE DENYES
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.