Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 19, 2024
CASE NO.: OLT-24-000375
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Mark Engel
Subject: By-law
Description: To amend and update Comprehensive Zoning By-Law definitions and parking regulations
Reference Number: By-law No. 13 (2024)
Property Address: Town Wide
Municipality/UT: Pelham/Niagara R
OLT Case No.: OLT-24-000375
OLT Case Name: Mark Engel v. Town of Pelham
BEFORE:
SHANNON BRAUN VICE-CHAIR
Monday, the 19th day of August, 2024
THIS MATTER having been scheduled for a hearing on September 19, 2024, and the Tribunal having been advised on August 13, 2024, that the Parties have agreed to narrow the scope of the appeal to the Appellant’s lands on a without-prejudice basis.
THE TRIBUNAL ORDERS that pursuant to subsection 34(31) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, the portions of Town of Pelham By-law No. 13-2024, being a By-law to amend Town of Pelham Zoning By-law No. 4481(2022) (“ZBLA No. 13”) which are not at issue in this appeal as set out below, are in force and effect and deemed to have come into force on the day ZBLA No. 13 was passed, namely, March 6, 2024.
AND THE TRIBUNAL ORDERS that ZBLA No. 13 is in full force and effect save and except the following provisions as they apply on a site-specific basis to the lands that are the subject of the appeal, being lands municipally known as 1130 Effingham Street in the Town of Pelham (“the Site”), namely:
- Section 1.B.g), regarding setbacks contained in section 3.31.1 of Town of Pelham Zoning By-law No. 4481(2022), as that section applies to the Site; and
- Sections 1.G.a), b), and c), regarding changes to permitted uses for the Environmental Protection Two (EP2) Zone and the Environmental Protection Three (EP3) Zone set out in section 9 of Town of Pelham Zoning By-law No. 4481(2022), as those sections apply to the Site.
AND THE TRIBUNAL ORDERS that the coming into force and effect of ZBLA No. 13 as set out in this Order shall be without prejudice to and shall not have the effect of limiting any positions that the Appellant may take with respect to his appeal of ZBLA No. 13, or any future application(s) filed in relation to the Site, such that the Appellant shall be at liberty to challenge and test the planning merits of ZBLA No. 13 as it applies to the Site.
AND THE TRIBUNAL FURTHER ORDERS that this appeal shall be adjourned sine die until such time as the appellant provides written notice of an intention to resume or withdraw the appeal.
The Tribunal so Orders.
“Euken Lui”
EUKEN LUI ACTING 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.