ISSUE DATE: August 14, 2024
CASE NO(S).: OLT-24-000099
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Beach Road Villas Inc.
Subject: Consent
Description: To permit the creation of one new lot which comprises a portion of an approved draft plan of subdivision
Reference Number: B/41/2023/GR
Property Address: Part of Lot 21, Conc 6, former Twp of Muskoka, being Parts 1-3, Plan 35R-11122, Part 2, Plan 35R-14565 and parts 1&2, Plan 35R-21173
Municipality: Gravenhurst
OLT Case No.: OLT-24-000099
OLT Lead Case No.: OLT-24-000099
OLT Case Name: Beach Road Villas Inc. v. Gravenhurst (Town)
Heard: August 9, 2024 by Video Hearing
APPEARANCES:
Parties Beach Road Villas Inc. Town of Gravenhurst
Counsel Alex Ciccone Edward B. Veldboom
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON AUGUST 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) before the Tribunal with respect to an Appeal under section 53 (19) of the Planning Act by Beach Road Villas Inc. (“Applicant”) resulting from the refusal by the Committee of Adjustment of the Town of Gravenhurst (“Town”) to grant a Consent Application (“Application”) for lands know as Part of Lot 21, Conc 6, former Township of Muskoka, being Parts 1-3, Plan 35R-11122, Part 2, Plan 35-R-14565 and Parts 1 &2, Plan 35R-21173 (“Subject Property”) in the Town.
2The Application is to permit the creation of one additional lot on the Subject Property, which comprises a portion of an approved Draft Plan of Subdivision (“DPOS”), S2006-6 (Muskoka Ridge), by the District of Muskoka (“District”).
3Since the first CMC, the Applicant has filed an Appeal (OLT-24-000807) with the Tribunal regarding the status of the DPOS for the Subject Property.
PRELIMINARY MATTERS
4The Parties provided the Tribunal with a draft Procedural Order and Issues List (“PO/IL”), and the Applicant requested a three-day Hearing.
5The Tribunal was advised by Counsel for the Town that the status of the District in regard to this Application, may vary based on the outcome of the DPOS Appeal. Further, Counsel for the Town suggested that the determination of the DPOS Appeal would result in the Town’s position differing and impact the issues list for a Hearing of the Merits.
6The Applicant’s Counsel asserted that the DPOS Appeal remained entirely independent of the Subject Appeal and that the two matters could proceed independently. The Town did not object to the two matters proceeding independently or the scheduling of a hearing date, provided that there was sufficient time to resolve the DOPS Appeal, prior to the Hearing for the Subject Appeal.
7The Tribunal finds that scheduling a Hearing of the Merits in advance of the determination of status of the District and a final Issues List premature. As such, it was agreed upon by the Parties for the Tribunal to schedule a third CMC wherein the Parties can update the Tribunal on the status of the DPOS Appeal and address procedural matters with respect to the Subject Appeal, or in the alternative, the Parties may request the conversion of the CMC to a Settlement Hearing. The Parties are directed to provide the Tribunal with a revised draft PO/IL by Thursday, December 6, 2024, should a settlement not be reached.
NEXT STEPS
8Upon request of the Parties, the Tribunal set a third CMC commencing on Thursday December 6, 2024, at 10 a.m. by Video Hearing. No further Notice is required.
9Parties and participants 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.
GoTo Meeting: https://global.gotomeeting.com/join/979388733
Access code: 979-388-733
10Parties 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
11Persons 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.
12Individuals 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.
ORDER
[13] THE TRIBUNAL ORDERS that:
- The date and particulars of the next Case Management Conference are as set out above.
14The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
J. INNIS 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.
CORRECTION NOTICE
OLT CASE NO(S).: OLT-24-000099
DECISION ISSUE DATE(S): August 14, 2024
CORRECTION NOTICE ISSUE DATE: August 19, 2024
RE: Beach Road Villas Inc. v. Gravenhurst (Town)
Correction to: the upcoming Hearing date under paragraph [8].
Originally:
8Upon request of the Parties, the Tribunal set a third CMC commencing on Thursday December 6, 2024, at 10 a.m. by Video Hearing. No further Notice is required.
Corrected to:
8Upon request of the Parties, the Tribunal set a third CMC commencing on Thursday December 12, 2024, at 10 a.m. by Video Hearing. No further Notice is required.
“Euken Lui”
EUKEN LUI REGISTRAR
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.