Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 02, 2024
CASE NO(S).: OLT-22-003763 (Formerly PL170795)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: William Boyer and Barbara Boyer
Subject: Application to amend Zoning By-law No. 2016-160 – Refusal of Application by Township of Muskoka Lakes
Description: To recognize the two parcels as one lot for planning purposes, and will prohibit Public Beach as a permitted use on the waterfront lot, will only permit a dock, one-storey boathouse, sundeck, stairs, ramps and landings on the waterfront lot, and will also prohibit a dwelling and sleeping cabin on the waterfront lot
Reference Number: 2016-160
Property Address: Part of Lots 9 and 10, Concession 5
Municipality/UT: Township of Muskoka Lakes
OLT Case No.: OLT-22-003763
Legacy Case No.: PL170795
OLT Lead Case No.: OLT-22-003763
Legacy Lead Case No.: PL170795
OLT Case Name: Boyer v. Muskoka Lakes (Township)
Heard: July 22, 2024 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| William and Barbara Boyer (the “Appellants”) | M. Kemerer |
| Township of Muskoka Lakes | J. Ewart |
| Gordon and Susan Dorrett | E. Veldboom |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON JULY 22, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Telephone Conference Call (“TCC”) regarding an update on the progress that is being made toward bringing this matter to a conclusion. Vice-Chair Bishop had previously heard the Merit Hearing of this matter and the previous TCC however Vice-Chair Bishop has since retired from the Ontario Land Tribunal (“Tribunal”).
2The Decision of the Tribunal regarding the Merit Hearing, which was issued on December 15, 2021 (“Decision”), gave directions to the Parties to complete certain tasks. In that Decision, the Tribunal did not set timelines for certain deliverables and the previous TCC was organized to clarify certain parts of the Decision and discuss the expectations of the Tribunal. At that TCC the Tribunal ordered that, at a minimum, the existing Plan of Survey in the possession of the Appellants was to be provided to the Parties and the Tribunal.
3It should be noted that the Appellants had secured new representation prior to the previous TCC and the Tribunal allowed some time for them to familiarize themselves with the file before setting further deadlines. Prior to this second TCC the Appellants have retained new counsel again.
4The issue that the Parties are asking the Tribunal to help clarify concerns parking. The Decision, in short, stated that relief from the Zoning By-law (“ZBL”) regarding parking is granted if the Appellants could show that the property had a cleared site available no closer than 50 feet from the lake and that the proposed parking area must also adhere to the other relevant sections of the ZBL. The relief from the ZBL that was granted by the Tribunal was to allow parking on the property 50 feet from the lake. Paragraph 64 of the Decision clearly states that; “If parking is not possible on this site, given the above noted relief, this appeal will be dismissed”.
5The survey that was provided by the Appellants did not demonstrate compliance with the ZBL as it does not show the proposed location of the parking area. The Appellants will provide a new survey to the Parties and Tribunal that will demonstrate that the proposed parking area is in compliance with the ZBL apart from the granted relief noted above.
6If the new survey demonstrates that the proposed parking area is in compliance with the ZBL this matter can proceed. The Parties have been in contact concerning the drafting of a draft ZBL.
7The Tribunal finds that future Case Conferences should be held by way of video as this matter is quite contentious and the Parties and counsel tended to try and speak over each other several times. Also, when coming back from a break the Tribunal heard what was clearly a recording of the beginning of the TCC. The Tribunal reminded the Parties that any recording was prohibited. This warning was not made at the beginning of the TCC which was an oversight by the Member chairing the TCC. The Tribunal directed that whoever made the recording to delete it.
8In short, the Tribunal ordered that a new survey be prepared showing the proposed parking area and whether or not it conforms with the ZBL apart from the granted relief.
9The Tribunal scheduled a further Case Management Conference (“CMC”) by way of video on Monday, September 16, 2024 at 10 a.m. (half day). The Appellants will provide an updated survey prior to this CMC. The Parties are expected to be in contact with each other regarding the drafting of the ZBL and to address any other issues that may arise. It is the Tribunal’s hope that other issues can be addressed by the Parties without the assistance of the Tribunal.
10Parties are asked to log into the CMC at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/656004293
Access Code: 656-004-293
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: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 656-004-293.
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 CMC directives set out above are so ordered.
15This Member is seized.
16There will be no further notice.
“A. Sauve”
A. SAUVE
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.