Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 14, 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: August 7, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel/Agent*
Brent Preston and Gillian Flies (Applicant)
Colin Leger
James, William, and Andrew Metheral (Appellant)
Janet Bigham
David Naylor and Ilse Treurnicht (Appellant)
Nikola Cuvalo*
Signe Leisk (in absentia)
Jennifer Evola (in absentia)
Township of Clearview
Harold Elston
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON August 7, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting appeals by the Appellants under s. 34 (19) of the Planning Act pertaining to the Township of Clearview’s (“Township”) approval of the two Zoning By-law Amendments for the lands known municipally as 9783 6/7 Sideroad, formerly Nottawasaga being Concession 12, N Part Lot 6 (“Subject Property”). The purpose of the application is to permit a change to the maximum required setback for a proposed new single-detached dwelling on the Subject Property and to permit an on-farm diversified use.
PROCEDURAL ORDER AND ISSUES LIST
2The Tribunal received and reviewed a draft Procedural Order on consent from the Parties. The Tribunal finds it acceptable, and the proceedings shall be governed by it (see Attachment 1). The Parties requested a three-day Hearing of the Merits.
3The Tribunal was advised on May 31, 2024, that the Appeal by Mr. Naylor and Ms. Treurnicht has been settled. The Agent for Mr. Naylor and Ms. Treurnicht requested to maintain their Party status for the Merit Hearing. However, they would not be participating. The Tribunal directed that the proposed settlement be presented at the Hearing of the Merits.
HEARING
4Upon request of the Parties, the Tribunal set a three-day Hearing commencing on Tuesday, November 19, 2024, at 10 a.m. by Video Hearing. No further Notice is required for the Hearing.
5Parties 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/765631861
Access Code: 765-631-861
6Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
7Persons 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 into an audio-only telephone line: (Toll-Free) 1-888-455-1389 or +1 (647) 497-9391. The access code is as indicated above.
8Individuals 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
9THE TRIBUNAL ORDERS that:
The date and particulars of the Hearing are set out above;
The Procedural Order appended as Attachment 1 shall govern the proceedings;
10The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
i. 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.
ATTACHMENT 1