du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE: August 26, 2024
CASE NO(S).: OLT-24-000225
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Eric Turcotte
Subject: Application to amend the Zoning By-law Refusal or neglect to make a decision
Description: To permit the rezoning from Village Residential (VR) to Local Commercial Zone (C1).
Reference Number: 04-23
Property Address: 6 Albert Street
Municipality/UT: Iroquois Falls/Cochrane
OLT Case No.: OLT-24-000225
OLT Lead Case No.: OLT-24-000225
OLT Case Name: Turcotte v. Iroquois Falls (Town)
Heard: August 19, 2024 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Eric Turcotte (“Applicant/Appellant”)
self-represented*
Town of Iroquois Falls (“Town”)
Chantal De Sereville
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON AUGUST 19, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant/Appellant seeks to develop the site municipally known as 6 Albert Street (“Subject Lands”), in the Town of Iroquois Falls (“Town”). An Appeal was brought pursuant to s. 34(11) of the Planning Act regarding the refusal of the Town on an Application for a Zoning By-law Amendment (“ZBA”).
2The purpose of the ZBA is to permit the rezoning of the property from Village Residential (VR) to Local Commercial Zone (C1) to establish a classic car hobby shop and shelter for existing classic cars on the Subject Land.
3The Tribunal questioned the Applicant/Appellant on the Affidavit of Service submitted attesting that that Notice of Hearing for this CMC had been provided. The Affidavit had also not been sworn before a qualified individual and a list of those served Notice had not been provided. The Applicant/Appellant indicated that he was not aware of the process for the circulation of the Notice of Hearing or that an Affidavit must be witnessed by a qualified individual.
4The Tribunal took time during this CMC to assist the Applicant/Appellant in understanding the process of an appeal. The Applicant was also directed to the Ontario Land Tribunal website as a resource for further information.
PARTICIPANT STATUS REQUEST
5The Tribunal has received one request for Participant status. Received were the comments and forms from the following:
- Daniel Rowe
6Having heard that the Parties require copies of the Participant Status request submission, the Tribunal noted that the Case Coordinator will forward a copy to each Party. The Tribunal confers Participant status to the above-named individual and their comments will form part of the file that will be considered at the merit hearing.
NEXT STEPS
7The Tribunal requested that the Applicant/Appellant submit a sworn Affidavit of Service advising that Notice of the second CMC hearing has been scheduled and circulated. The Applicant/Appellant shall provide a copy of the sworn Affidavit of Service of the Notice of Hearing as well as a list of those copied to the Case Coordinator before the next CMC.
8The Tribunal tasked counsel for the Town with providing a draft Procedural Order(“PO”) and Issues List (“IL”) for the Tribunal’s consideration 10 days prior to the next CMC. If the Applicant/Appellant should require any clarification on the process going forward, they are to contact the Case Coordinator.
9The Tribunal scheduled a second CMC on Tuesday, September 24, 2024, at 10 a.m. to be held by video hearing.
10Parties and Participants are asked to log in to the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/442599157
Access Code: 442-599-157
11Parties 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
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 in to an audio-only telephone line: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is indicated 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 Video Hearing 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.
14The Tribunal inquired as to whether there were any other matters to be addressed, which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated that there were none.
ORDER
15THE TRIBUNAL ORDERS that:
the date and particulars of the second CMC hearing are set out above;
the Tribunal confers Participant status to Daniel Rowe;
this Member is not seized but will continue to manage this file; and,
this Member remains available through the Case Coordinator should the need arise.
“D. Chipman”
D. CHIPMAN
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.