Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 31, 2024
CASE NO(S).: OLT-24-000450
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Kevin and Sarah Dilts
Subject: Application to amend the Zoning By-law – Refusal
Description: To construct a new detached dwelling
Reference Number: AM-2022-017
Property Address: 0 Montrose Road
Municipality/UT: Niagara Falls/Niagara R
OLT Case No.: OLT-24-000450
OLT Case Name: Kevin and Sarah Dilts v. City of Niagara Falls
Heard: July 30, 2024, by Video Hearing
APPEARANCES:
Parties Counsel
Kevin and Sarah Dilts Mark de Jong Meredith Baker (in absentia)
City of Niagara Falls Douglas Pateman Paul DeMelo (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JULY 30, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by Kevin and Sarah Dilts (“Applicants” / “Appellants”) arising from the failure of the City of Niagara Falls (“City”) to amend a Zoning By-law, pursuant to s. 34(11) of the Planning Act, for the property municipally known as 0 Montrose Road (Part Lot 1, Concession 6, Crowland, Part 7 & 8) (“site”).
2The Appellants are seeking to rezone the site to permit the development of a detached dwelling.
3The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
4The Tribunal did not receive any other status requests for this CMC.
MEDIATION
5The Tribunal canvassed the Parties as to whether they had engaged in discussions to resolve any of the issues in the Appeal, and whether they would be interested in Tribunal-led mediation. The Parties indicated that due to the technicality of the issues, the mediation will not be helpful at this time.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
6The Parties are working to revise the Issues List (“IL”) and asked for one week to submit a draft Procedural Order (“PO”) and IL.
7The Tribunal requested that a final version of the draft PO and IL are to be submitted to the Tribunal on or before Tuesday, August 6, 2024.
8The Parties requested that the Tribunal schedule a Hearing of five (5) days.
9A five-day Hearing is scheduled to commence on Monday, February 10, 2024, at 10 a.m. until Friday, February 14, 2024, by Video Hearing.
10Parties are asked to log into the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://meet.goto.com/348282861
Access Code: 348-282-861
11Parties 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.
12Persons 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.
13Individuals 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 CMC 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.
ORDER
14The Tribunal directives above are so ordered.
15This Member is not seized.
16There will be no further notice.
“P. Tomilin”
p. tomilin
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.