Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 11, 2024
CASE NO(S).: OLT-24-000587
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 1000572188 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit redevelopment of the property with a 3-storey residential multiple dwelling
Reference Number: 751-6/23-15
Property Address: 1389 Stephen Street
Municipality/UT: City of Greater Sudbury
OLT Case No.: OLT-24-000587
OLT Lead Case No.: OLT-24-000587
OLT Case Name: 1000572188 Ontario Inc. v. Greater Sudbury (City)
Heard: September 6, 2024 via Video Hearing
APPEARANCES:
Parties
- Yuequin (Carolyn) Zhao (“Appellant”) — self-represented*
- City of Greater Sudbury — Stephen Watt
MEMORANDUM OF ORAL DECISION DELIVERED BY J. DENYES ON September 6, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This Hearing was the first Case Management Conference (“CMC”) held by Telephone Conference Call (“TCC”) in this matter. It involves an Appeal against the City of Greater Sudbury’s (“City”) denial of a Zoning By-law Amendment (“ZBA”) pursuant to section 34(11) of the Planning Act to permit a three-storey, 10-unit multiple dwelling.
2The Subject Lands are municipally known as 1389 Stephen Street and are designated as Living Area 1 in the Official Plan. They are currently zoned “R1-5”, Low Density Residential One. The Subject Property backs directly onto several three-storey apartment buildings which front onto Kelly Lake Road and the application proposes to amend the zoning classification to Medium density Residential Special Zone – R3(S).
3City Staff recommended the application be denied on the basis that it is considered to be an overdevelopment of the lot and that adequate on-site parking and landscaping has not been provided by the Appellant. The application was deemed complete on October 16, 2023.
4There was no issue with respect to the Affidavit of Service dated August 14, 2024, therefore the Tribunal marked it as Exhibit 1.
STATUS REQUESTS
5There were three unopposed Participant Status Requests opposing the ZBA citing concerns related to inadequate parking, inadequate fire flow, and increased traffic concerns in close proximity to the elementary school. The Tribunal conferred Participant Status to Meghan McMillan, Scott Manuel and Silvona Parisotto and made their written statements respectively Exhibits 2-4.
6A draft Procedural Order with an attached Issues List was provided by the City indicating that a 2-day Merit Hearing was anticipated early in the new year. The unrepresented Appellant filed two Issues Lists; one as late as the eve of this TCC. Ms. Zhao indicated to the Tribunal that she wanted to restructure her Issues List and might be calling a qualified Planner at a Merit Hearing, if necessary.
NEXT STEPS
7The parties were amenable to scope the Issues List through mediation amongst themselves to amalgamate the issues as the Appellant agreed with “some” of the City’s issues. As a result, it was suggested by Counsel and the Appellant that an adjournment of the CMC would benefit those discussions with a view towards a potential resolution or partial settlement of the matter at a future hearing date.
8A second CMC will be heard on Tuesday, October 8, 2024, by Video Hearing commencing at 10 a.m. to provide an amalgamated Issues List and to engage in resolution discussions in the meantime.
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:
https://meet.goto.com/348282861
Access code: 348-282-861
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 indicated 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
13The Tribunal Orders its directions as set out above.
14The Member is not seized, and no further notice is required.
“Jackie Denyes”
JACKIE DENYES 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.