Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 06, 2024
CASE NO(S).: OLT-23-001284
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Matthias Müller
Subject: Consent
Description: To sever the subject property to create one new residential lot
Reference Number: B 15/2022
Property Address: 6 Covered Bridge Drive
Municipality: Woolwich
OLT Case No.: OLT-23-001284
OLT Lead Case No.: OLT-23-001284
OLT Case Name: Matthias Müller v. Woolwich (Town)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Matthias Müller
Subject: Consent
Description: To sever the subject property to create one new residential lot
Reference Number: B 16/2022
Property Address: 6 Covered Bridge Drive
Municipality: Woolwich
OLT Case No.: OLT-23-001286
OLT Lead Case No.: OLT-23-001284
OLT Case Name: Matthias Müller v. Woolwich (Town)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Matthias Müller
Subject: Minor Variance
Description: To sever the subject property to create one new residential lot
Reference Number: A 13/2022
Property Address: 6 Covered Bridge Drive
Municipality: Woolwich
OLT Case No.: OLT-23-001287
OLT Lead Case No.: OLT-23-001284
OLT Case Name: Matthias Müller v. Woolwich (Town)
Heard: August 13, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Matthias Müller (“Applicant”) | Steven O’Melia |
| Township of Woolwich | Kevin Thompson |
| Region of Waterloo | Fiona McCrea |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON August 13, 2024, AND interim ORDER OF THE TRIBUNAL
INTRODUCTION
1This appeal is pursuant to s. 53 (10) and s. 45 (12) of the Planning Act (“Act”) and arises following a refusal by the Township of Woolwich (“Township”) Committee of Adjustment (“COA”) for a consent and minor variances for lands known municipality as 6 Covered Bridge Drive (“Subject Property”), located in the Village of West Montrose.
2The purpose of the Application is to create a new lot for development of a single-family dwelling. The area of the lands to be severed is 1,707 square metres (“m2”) and would contain the existing home, septic system, driveway and yard. The retained lands would have an area of 11,205 m2.
The Proposal
3A variance is required for both the severed and retained lands to address the reduced frontages of the parcels. The existing frontage is split, resulting in two access points to the Subject Property. The Variances seeking relief from the Zoning By-law (“ZBL”) are as follows:
The ZBL requires a minimum lot frontage of 18 metres (“m”) for an interior lot within the R-1 Zone and the proposed Consent Application would create an interior lot with a reduced minimum lot frontage of 6 m.
Similarly, the retained lot proposed by the Consent Application would require a reduced minimum lot frontage of 8.8 m from the 18 m required by the ZBL.
The ZBL requires a minimum lot width of 30 m for an interior lot within the R-1 zone and the retained lot proposed by the Consent Application is seeking to permit a minimum lot width of 8.8 m.
4Disposition of the matter has come before the Tribunal to consider as a settlement. The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. The Joint Document Book prepared for the Merit Hearing dated August 6, 2024 (comprising of the Municipal Submission Form, Consent and Minor Variance Applications, CoA Minutes and Decisions, Sketches, Township Planning Reports, Grand River Conservation Authority comments from September 2022, Scoped Hydrogeological Assessment, and an onsite wastewater Servicing Assessment for the Subject Property);
ii. The uncontested opinion evidence of Nicholas P. Bogaert, a full member of the Canadian Institute of Planners and the Ontario Professional Planners Institute, and a Professional Member of the Canadian Association of Heritage Professionals, contained in his comprehensive affidavit sworn August 12, 2024 (marked as Exhibit 1);
iii. The minutes of settlement between the Applicant and the Township dated August 9, 2024
iv. The minutes of settlement between the Applicant and the Region dated May 31, 2024; and
v. The Parties’ oral/written submissions in support of the settlement.
5Emergency services raised concerns regarding access to the Subject Property, as the elevation of the main driveway to the retained lands is currently below the 100-year flood line. In furtherance of the proposed settlement, the Parties presented to the Tribunal a proposition in which the current circumstance could be clarified to be responsive to emergency services through a variance to the ZBL to allow for the severed parcel to have frontage on a road that is not maintained by the Township and an additional easement over an identified portion of the severed lands to provide a safe access easement across the severed lands. This proposed easement would further provide for a septic attenuation zone and prohibit any development within the identified flood line that slopes downwards towards the Grand River.
6It was the opinion of Mr. Bogaert that the proposed settlement would permit the development of the proposed severed lands in a manner that respects the area’s environmental features, preserves the heritage attributes of the West Montrose Cultural Landscape, and minimizes visual impacts.
Decision
7The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Bogaert reflects revisions to the Application before the Tribunal that were reached through the cooperative efforts of the Parties.
8The Tribunal has been satisfied by the Parties that the technical matters they are requesting the Tribunal to consider are minor and under the powers provided to the Tribunal pursuant to 45 (18.1), the proposed settlement is simply clarifying and rectifying the existing set of circumstances with respect to the unique access currently enjoyed by the existing property; of which the proposal is seeking the continuance of for access to both the existing and proposed new lot.
9No additional notice is necessary, as there has been no substantive change to the request that was the subject of the original notification preceding the COA hearing.
10The Tribunal accepts the opinion evidence of Mr. Bogaert as presented in his affidavit, and similarly finds that the subject Application, as revised, has regard to those applicable matters of provincial interest found in s. 2 of the Act , is consistent with the Provincial Policy Statement, 2020, conforms to the A Place to Grow; Growth Plan for the Greater Golden Horseshoe, 2020, Regional Official Plan and the Township Official Plan, meets the requirements identified in s. 45 (1) of the Act, and otherwise reflects principles of good land use planning.
ORDER
11THE TRIBUNAL ORDERS THAT The variances to Zoning By-Law No. 55-86 are authorized subject to the conditions set out in Attachment 1 to this Decision.
12That the appeal is allowed, and the provisional consents are to be given subject to the conditions as set out in Attachment 1 to this order.
13The variance to provide relief from Section 6.8 of Zoning By-law No. 55-86, to allow for frontage of the severed parcel to be on a road that is not maintained by the Township of Woolwich, be granted.
14An easement to secure a permanent easement over the identified portion of the severed and retained lands to establish a septic attenuation zone, being generally from the Flood line (324.44 Metres Above Sea Level) to the southerly property boundary, and to prohibit any development within the easement area, all to the satisfaction of the Region of Waterloo, the Township of Woolwich and Grand River Conservation Authority, are to be required. The Order formalizing this additional approved easement shall be issued once the Parties file a Reference Plan with the Tribunal setting out the area of the easement along with the terms thereof.
15The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call.
16The Member will remain seized.
“J. Innis”
j. inniS
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.
ATTACHMENT 1
Severance Sketch