ISSUE DATE: June 19, 2024
CASE NO(S).: OLT-23-001281
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: James, William, and Andrew Metheral
Subject: Application to amend the Zoning By-law – Appeal of passing of Zoning By-law
Description: To permit a single-detached dwelling
Reference Number: By-law No. 23-96
Property Address: 9783 6/7 Sideroad, formerly Nottawasaga being Concession 12, N Part Lot 6
Municipality/UT: Township of Clearview
OLT Case No.: OLT-23-001281
OLT Case Name: Metheral & Naylor/Treurnicht v. Clearview (Township)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: James, William, and Andrew Metheral & David Naylor and Ilse Treurnicht
Subject: Application to amend the Zoning By-law – Appeal of passing of Zoning By-law
Description: To permit an On-farm Diversified Use
Reference Number: By-law No. 23-97
Property Address: 9783 6/7 Sideroad, formerly Nottawasaga being Concession 12, N Part Lot 6
Municipality/UT: Township of Clearview
OLT Case No.: OLT-23-001282
OLT Lead Case No.: OLT-23-001281
OLT Case Name: Metheral & Naylor/Treurnicht v. Clearview (Township)
Heard: March 12, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Brent Preston and Gillian Flies (“Applicants”) | Colin Léger |
| Township of Clearview (“Township”) | Carly Emmett Harold Elston (in absentia) |
| James, William and Andrew Metheral (“Appellants”) | Janet Bingham* |
| David Naylor and Ilse Treurnicht (“Appellants”) | Jennifer Evola Signe Leisk (in absenstia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DEBOER ON MARCH 12, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1The Tribunal convened a Case Management Conference (“CMC”) with respect to the Appeals by the Appellants under s. 34(19) of the Planning Act pertaining to the Township’s approval of the two Zoning By-law Amendments (“ZBAs”) for the lands municipally known as 9783 6/7 Sideroad, formerly Nottawasaga being Concession 12, N Part Lot 6, in the Township (“Subject Lands”).
2The purpose of the ZBAs would firstly permit an additional single-detached dwelling on the Subject Lands and secondly, would permit an On-farm Diversified Use. The Subject Lands are approximately 39 hectares in size and has an existing farming operation.
3The Tribunal marked the Affidavit of Service by Danielle Barranger, dated February 6, 2024, as Exhibit 1 to the Hearing.
PARTY AND PARTICIPANT REQUESTS
4There were no Party or Participant requests received before or during the Hearing.
OPPORTUNITIES FOR RESOLUTION
5The Parties stated that Tribunal-led mediation may be an option at a later date however, the Parties plan on continuing to discuss issues privately.
PROCEDURAL ORDER AND ISSUES LIST
6The Parties stated that a draft Procedural Order (“PO”) and Issues List (“IL”) has not been finalized, however, would be submitted to the Tribunal by April 11, 2024. This would give enough time for the Parties to finalize the IL. The Parties requested a deferral of two weeks for submitting the PO and IL as settlement discussions had begun specifically with Mr. Naylor and Ms. Treurnicht. The Parties made a further request since settlement discussions were not completed by the April 25, 2024, submission deadline. Settlement discussions were still occurring and a request of a new May 31, 2024, deadline was granted by the Tribunal.
7On May 31, 2024, the Parties informed the Tribunal that the Appeal by Mr. Naylor and Ms. Treurnicht has been settled and that said Party would be asking the Tribunal to allow their Appeal, in part, based on the settlement. Mr. Naylor and Ms. Treurnicht will remain as Parties to the matter but are not anticipated to participate in a Hearing of the Merits.
8The remaining Party is requested to submit a draft PO and IL for review by the Tribunal prior to the commencement of the next CMC. The Party is to submit the draft PO and IL by Friday, August 2, 2024.
SCHEDULING OF A CMC
9The Tribunal has scheduled a second CMC to occur by Video Hearing commencing on Wednesday August 7, 2024, at 10 a.m.
10Parties and Participants are asked to log into the Video Hearing at least