Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 21, 2024
CASE NO(S).: OLT-24-000068
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant/Appellant: Tyler Becker
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of a 5-unit cluster townhouse
Reference Number: Z-2023-059
Property Address: 88 5th Avenue SW
Municipality/UT: Arran-Elderslie/Bruce
OLT Case No: OLT-24-000068
OLT Lead Case No: OLT-24-000068
OLT Case Name: Becker vs Arran-Elderslie (Municipality)
Heard: May 9, 2024, by Video Hearing ("VH")
APPEARANCES:
| Parties | Counsel |
|---|---|
| Tyler Becker | Colin Leger |
| Municipality of Arran-Elderslie | Kevin Thompson Jamie Cockburn |
| Christian Warnica | Harpreet Kukreja |
| Michelle Warnica | Harpreet Kukreja |
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS and mathieu quesnel ON MAY 9, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference ("CMC") convened for an Appeal brought by Tyler Becker ("Applicant/Appellant") pursuant to s. 34(11) of the Planning Act of the refusal of a Zoning By-law Amendment ("ZBA") related to the property municipally addressed as 88 5th Avenue ("Subject Property") located in the Municipality of Arran-Elderslie ("Municipality").
2The Subject Property is located within the Chesley urban settlement area. The Subject Property has an area of approximately 0.3 hectares with approximately 32 metres of frontage on 5th Avenue.
3The purpose of the ZBA is to permit a five-unit cluster townhouse building while retaining the existing six-unit dwelling and expanding the driveway and parking area. ("Proposed Development"). The Proposed Development is proposed to be serviced on full municipal water and sewage services.
4The ZBA was refused by Council on December 11, 2023. The ZBA refusal was subsequently appealed by the Applicant.
5The Affidavit of Service sworn on April 17, 2024, was entered as Exhibit 1.
STATUS REQUESTS
6In response to the notice, Party status was requested by Christian and Michelle Warnica, the owners of 92 5th Avenue abutting the Subject Property to the south and west. Harpreet Kukreja, their Counsel noted that his clients are concerned with the reduced setbacks requested by the ZBA and stormwater drainage from the proposed development draining onto their property. The Panel reviewed the request and with no opposition from the other Parties, the Tribunal granted the requested Party status.
DRAFT PROCEDURAL ORDER
7The Draft Procedural Order ("DPO") is to be filed by the Parties with the Case Coordinator no later than Tuesday, June 25, 2024.
SECOND CMC
8The Parties jointly requested that the Tribunal schedule a second CMC. Kevin Thompson, Counsel for the Municipality indicated that once the issues have been identified by the Parties a mediation assessment may be requested. Alternatively, dates for a Merit Hearing will be sought. The Tribunal canvassed the availability of the Parties and accordingly scheduled a second CMC to commence at 10 a.m. on Tuesday July 2, 2024 by VH.
9Parties are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
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 into an audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373. The access code is same as mentioned 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 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.
13The Parties were reminded that Tribunal-led mediation is available at their convenience by contacting the Case Coordinator.
ORDER
14The Tribunal orders that:
a. Party status is granted to Christian and Michelle Warnica;
b. The Draft Procedural Order be filed with the Tribunal by the Parties no later than Tuesday, June 25, 2024; and
c. A second Case Management Conference is scheduled at 10 a.m. on Tuesday, July 2, 2024, by Video Hearing.
15This Panel is not seized.
16No further notice will be provided.
"Astrid J. Clos"
ASTRID J. CLOS
MEMBER
"Mathieu Quesnel"
MATHIEU QUESNAL
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.