Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 09, 2024
CASE NO(S).: OLT-24-000474
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Reza Mortazi and Maryam Naji
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 3 infill dwellings
Reference Number: ZBLA-23-0008
Property Address: 1 Cynthia Crescent
Municipality/UT: Richmond Hill/York
OLT Case No: OLT-24-000474
OLT Lead Case No: OLT-24-000474
OLT Case Name: Mortazi et al. v Richmond Hill (City)
Heard: July 4, 2024, by Video Hearing
APPEARANCES:
Parties Reza Mortazi and Maryam Naji
Counsel Paul DeMelo
Parties City of Richmond Hill
Counsel Carlton Thorne
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON JULY 4, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is the first Case Management Conference (“CMC”) relating to a Zoning By-law Application (“ZBA”) appeal pursuant to s. 34(11) of the Planning Act (“Act”) arising from/due to the refusal of the City of Richmond Hill (“City”) to make a decision to permit a total of three (3) infill dwelling units (“Proposal”). The application was filed by Reza Mortazi and Maryam Naji (“Applicants” / “Appellants”) for the municipal address known as 1 Cynthia Crescent (“Subject Property”).
2The Subject Property is located on the southwest corner of the intersection of the east leg of Cynthia Crescent and Coons Road. The subject lands have 56.95 metres (“m”) of frontage on Cynthia Crescent, 62.3 m of flankage on Coons Road and have an area of 3877.15 m2. The site is generally situated in a residential neighbourhood. The ZBA is proposed to amend the development standards to permit the creation of three single family lots.
3The property is zoned Residential Urban Zone (RU) within By-law 1275, as amended by By-law 146-76. The proposed ZBA seeks to repeal By-law 146-76, thereby allowing for changes to lot size and frontage, and will amend By-law 1275 to revise the minimum frontage, side yard and maximum height provisions of the by-law to permit the proposed dwellings on the three lots.
4Notice of Hearing for this CMC was confirmed by Affidavit as signed by Christopher J. Drew on May 25, 2024, and was marked as Exhibit 1.
STATUS AND HEARING REQUESTS
5The only written request for Participant Status was submitted by Bart and Marina Melek, dated June 24, 2024, as the owners of 69 Coons Road. Their issues of concern regarding the Proposal include but are not limited to the following:
- It does not maintain consistency with the Provincial Policy Statement 2020, and does not conform to the City Official Plan;
- it is not consistent in scale and lot patterning with the existing neighbourhood character and the surrounding area;
- the design represents a deviation from the existing City Zoning By-law because of its divergent mix of housing design and would erode the quality of the area’s streetscape; and,
- the lot separation distances are inadequate/not compatible with the neighbourhood, and wooded lots are jeopardized.
6Neither Party expressed any concerns/objections to this request, and the Tribunal conferred Participant status on Bart and Marina Melek.
7After hearing submissions from Counsel for both Parties, and discussion related to their respective calendars, including regard for upcoming City Council dates, it was agreed that a further CMC should be scheduled at the discretion of the Tribunal. The Tribunal concurred, and scheduled a further CMC to proceed by video on Thursday, October 17, 2024, at 10:00 a.m.
8Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
9Parties and Participants 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
10Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889. The access code is 709-076-365.
11Individuals 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.
12The Parties also agreed that a draft Procedural Order and Issues List (“PO / IL”) would be provided to the Case Coordinator on or before October 15, 2024. The Tribunal was encouraged that ongoing discussions are attempting to scope issues, and that efforts are being made to seek a possible settlement of the matter. The Parties were reminded that Tribunal-led mediation is available through the Case Coordinator if mutually requested.
13The Tribunal also notes that a number of interested persons attended and observed the CMC and information was shared about the Tribunal process relating to Status requests. Based on the Decision that a second CMC has now been scheduled, as confirmed above, and because there may be updates relating to the Application/Appeal, interested persons who were present were encouraged to communicate directly with the Case Coordinator if there is a desire to engage in the Tribunal process further. Consideration may be given to any future written Status requests, at the discretion of the Tribunal.
ORDER
14THE TRIBUNAL ORDERS that:
a) The date and particulars of the further Case Management Conference are set out above; and,
b) The directions in the Decision above are so ordered.
15There will be no further notice.
16The Member is not seized of this matter.
“Steven T. Mastoras”
STEVEN T. MASTORAS
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.