Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 2024
CASE NO(S).: OLT-22-002678
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Siobhain Broekhoven
Applicant: 6948928 Canada Limited, c.o.b. JA Holdings
Owner: Jim Nikas
Subject: Zoning By-law
Description: The purpose of the application is to amend the zoning by-law to introduce a site-specific “A2.584” Zone to permit a multiple family dwelling.
Reference Number: BL 2022-28
Property Address: 237 Mowat Avenue
Municipality/UT: Kingston/Frontenac
OLT Case No: OLT-22-002678
OLT Lead Case No: OLT-22-002678
OLT Case Name: Broekhoven v. Kingston (City)
PROCEEDING COMMENCED UNDER subsection 20 of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: 6948928 Canada Limited DBA JA Holdings
Request for: Request for an Order Awarding Costs
Costs sought against: Siobhain Broekhoven
Heard: November 18, 2022 in Writing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 6948928 Canada Limited, c.o.b. JA Holdings | Michael Polowin |
| Siobhain Broekhoven | Nima Chooback |
DECISION DELIVERED BY M. A. SILLS AND ORDER OF THE TRIBUNAL
16948928 Canada Limited DBA JA Holdings (“Applicant”/”Moving Party”) has brought this Motion for Costs in regard to the appeal by Siobhain Broekhoven (“Appellant”/”Respondent”) of the approval by the Council of the City of Kingston (“City”) of Zoning By-law Amendment No. 2022-28 (“ZBA 2022-28”) pertaining to the property municipally addressed as 237 Mowat Avenue and 6 Herbert Street (“Subject Property / Site”).
2ZBA 2022-28 amends Comprehensive Zoning By-law No. 8499 (“ZBL 8499”), “Restricted Area (Zoning) By-law of the Corporation of the City of Kingston” by changing the zone symbol of the Subject Site from One-Family Dwelling Zone ‘A2’ to a Site-Specific One-Family Dwelling Zone ‘A2.584’.
3The effect of ZBL 2022-28 is to recognize and legalize the existing eight-unit multiple-family dwelling use, the existing eight on-site parking spaces in the front yard parking parallel to the street, the front yard bike rack location and the existing 0.3 metres (“m”) projection of porch/deck/steps greater than 1.2 m in height for the Mowatt Avenue portion of the Site.
BACKGROUND
4The portion of the Site known as 237 Mowatt Avenue currently accommodates a three-storey multiple-family dwelling that was constructed in 1875, with additions completed in 1958 and 1962. The existing dwelling contains five (5) one-bedroom units and three (3) two-bedroom units, which have been leased on a long-term rental basis since 1962. Eight on-site parking spaces are provided in the front yard adjacent to Mowatt Avenue.
5The Subject Property has a total area of approximately 1854.7 square metres (“sq m”) with 20.8 m of road frontage on Mowatt Avenue and 26 m of road frontage on Herbert Street, is designated “Residential” on Schedule 3-A of the City Official Plan and is within the “A-2’ Zone – One Family Dwelling Zone” in ZBL 8499. An eight-unit dwelling is not a permitted use in the ‘A2’ Zone; however, the existing building was established in 1875, prior to the passing of ZBL 8499 in 1975, and is deemed to have non-conforming status, which essentially allows for the current use of the structure to be continued without restriction.
6The 237 Mowatt Avenue parcel abuts the 6 Herbert Street parcel, which contains a small storage shed but is otherwise untenanted. The 6 Herbert Street parcel has an area of approximately 634.7 sq m with 26 m of street frontage.
7237 Mowatt Avenue and 6 Herbert Street were historically separate lots. However, when both properties were simultaneously purchased by the Applicant in 2005, the ownership inadvertently merged on title resulting in the two lots becoming one. The Site is the subject of a Consent application which remains open and is expected