Homegate Corporation v. Town of Oakville, 2024 CanLII 51677

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 28, 2024

CASE NO(S).: OLT-24-000292

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended

Applicant/Appellant: Homegate Corporation

Subject: Minor Variance

Description: To permit two-storey detached dwelling

Reference Number: CAV A/084/2023

Property Address: 496 Chartwell Road

Municipality/UT: Oakville/Halton

OLT Case No: OLT-24-000292

OLT Lead Case No: OLT-24-000292

OLT Case Name: Homegate Corporation v. Town of Oakville

Heard: May 17, 2024 by video hearing ("VH")

APPEARANCES:

Parties	Counsel
Homegate Corporation ("Appellant / Applicant")	Marcin (Martin) Mazierski
Town of Oakville ("Town")	Dennis Y Perlin

MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS AND G. ROSS ON MAY 17, 2024 AND ORDER OF THE TRIBUNAL

Link to the Order

INTRODUCTION

1The Applicant seeks variances to the Town’s Zoning By-law No. 2014-014 to permit the construction of a new two-storey detached dwelling at the property municipally known as 496 Chartwell Road (the "Property"). As originally proposed, Town staff recommended the refusal of the requested variances, and the Committee of Adjustment, likewise, refused the applications. This decision led to the present appeal.

2Disposition of the matter has now come before the Tribunal as a Settlement Hearing, upon the parties having jointly proposed a revised minor variance application.

3Uncontested evidence in support of the settlement was provided by Terrance Glover ("Expert Glover"), who was duly qualified as an expert in land use planning.

REQUESTED VARIANCES and PROPOSED CONDITIONS

4The applicable Zoning By-law provisions and requested variances (as revised pursuant to the settlement) are as follows:

1. Section 5.8.6(b), By-law No. 2014-014: The permitted maximum total floor area for a private garage is 45 square metres;

• The proposed private garage floor area is 68.61 square metres.

2. Section 6.4.1, By-law No. 2014-014: The permitted maximum residential floor area ratio for a detached dwelling is 29 percent;

• The proposed residential floor area ratio for the detached dwelling is 33.26 percent.

5Jointly proposed conditions, in accordance with the settlement, are as follows:

1. That the proposed two-storey detached dwelling be constructed in general accordance with the site plan (drawing A0-1), elevation drawings (A-08, A-09, A-10, and A-11), and three-dimensional elevation drawings (A-14 and A-15) in the Drawings dated May 8th of 2024 by designer Perspective Views Inc., attached hereto as Attachment 1; and

2. That the authorization of the proposed variances expires two years from the date of this decision if a building permit has not yet been issued for the proposed construction.

POLICY CONTEXT

6The policy context of the Property is as follows:

• The Property is designated as ‘Low Density Residential’ under the Town of Oakville Official Plan ("Town OP").
• The Town OP designation brings the Property within the scope of the Municipality’s Design Guidelines for Stable Residential Communities (the "DGFSC").
• The Property is zoned ‘Residential Low RL3-0’ within Zoning By-law 2014-014.

ANALYSIS

7Expert Glover took the Tribunal through the four legislated elements to be satisfied to authorize a minor variance, as set out in s. 45(1) of the Planning Act ("Act"). He further confirmed that he is of the opinion that all four elements are satisfied, as the proposed variances: (1) maintain the general intent and purpose of the official plan; (2) maintain the general intent and purpose of the zoning by-law; (3) are desirable for the appropriate development or use of the land; and (4) are minor in nature.

8Expert Glover further opined that the requested variances have regard for the provincial interests expressed in s. 2 of the Act, are consistent with the Provincial Policy Statement, 2020, and conform with the Growth Plan for the Greater Golden Horseshoe.

9Expert Glover more specifically opined that the revised design, now proposed in accordance with the settlement, addresses the Town’s Urban Design objectives featured in the Town’s OP, including those in the DGFSC.

10Lastly, Expert Glover opined that the two proposed conditions are appropriate and reasonable from a land use planning standpoint.

11Regarding the Tribunal’s jurisdiction to consider the revised minor variance application (in accordance with the settlement), the parties jointly submitted that the Tribunal may rule on the revised minor variance application under s. 45(18.1) of the Act, and that under s. 45(18.1.1) the Tribunal may do so without further notice on grounds that the revisions to the original application are minor.

12Having received no contrary evidence, the Tribunal accepts the evidence of Expert Glover, as well as the submissions of the parties on the question of jurisdiction, and comes to the same conclusions. The Tribunal therefore finds that the variances should be authorized.

ORDER

13THE TRIBUNAL ORDERS that the appeal is allowed, in part, and the variances to Zoning By-law No. 2014-014 of the Town of Oakville are authorized subject to the following conditions:

1. That the proposed two-storey detached dwelling be constructed in general accordance with the site plan (drawing A0-1), elevation drawings (A-08, A-09, A-10, and A-11), and three-dimensional elevation drawings (A-14 and A-15) in the Drawings dated May 8th of 2024 by designer Perspective Views Inc., attached hereto as Attachment 1; and

2. That the approval expires two years from the date of this decision if a building permit has not yet been issued for the proposed construction.

"K.R. Andrews"

K.R. ANDREWS MEMBER

"G. Ross"

G. Ross MEMBER

Ontario Land Tribunal Website: 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