Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 04, 2024
CASE NO(S).: OLT-24-000595
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ken Craine
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the rezoning of subject lands from Residential (R) and Transitional (T) to site-specific Residential (R-83)
Reference Number: 03.1121
Property Address: 255 Lake Drive North
Municipality/UT: Georgina/York
OLT Case No.: OLT-24-000595
OLT Lead Case No.: OLT-24-000595
OLT Case Name: Craine v. Georgina (Town)
Heard: September 13, 2024 by Video Hearing
Parties and Counsel
Ken Craine (“Appellant”) Counsel: Alex Lusty
Town of Georgina (“Municipality”) Counsel: Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM AND KEN HEWITT ON SEPTEMBER 13, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This was the first Case Management Conference (“CMC”) concerning Ken Craine’s (“Appellant”) Appeal pursuant to s. 34(11) of the Planning Act (“Act”) in response to the Town of Georgina’s refusal to adopt a requested amendment to Zoning By-law No. 500 (“ZBL”). The amendment would enable the conversion of a single detached dwelling into an accessory structure at 255 Lake Drive North, Part Lot 18, Concession 2, Georgina (“Subject Property”). If approved, the Subject Property would be rezoned from Residential (“R”) and Transitional (“T”) to site-specific Residential (“R-83”).
2The Subject Property currently includes two single detached dwellings and a large garage. The Appellant seeks to convert one of the existing detached dwellings into an accessory structure and construct a new dwelling unit on the second floor of an existing two storey garage. Since the Application was submitted, two accessory buildings have been removed from the Subject Property. The relief being sought increases the accessory structure lot coverage from 10% to 11.5% (original application was 13.5%). In addition, Planning Staff for the Municipality supported the original Application.
3In 2009, the Committee of Adjustment for the Town of Georgina denied a Minor Variance Application which sought approval to expand the legal non-conforming residential use of the Subject Property by constructing a detached garage. Following an Appeal to the Ontario Municipal Board (OMB File No. PL091124 and PL091125) a condition was imposed to prohibit residential use within the garage.
AFFIDAVIT OF SERVICE
4The Affidavit of Service was sworn on August 23, 2024, by Keith Marshall which confirms that notice was served and was marked as Exhibit 1. No further notice is required.
STATUS REQUESTS
5The Tribunal received Party status requests from Richard Philips, and a joint application from Hillary Thatcher and Clint Davis. The Tribunal deferred a decision on the Party status requests on consent of the Appellant, Municipality, and the Applicants. It was agreed that additional time was required to construct an Issues List that reflects the concerns of the Municipality and the Applicants.
6The Tribunal granted Hillary Thatcher and Clint Davis, who live adjacent to the Subject Property at 253 Lake Drive North, the opportunity to consider changing their status request from Party to Participant status prior to a future hearing date.
7The Tribunal received Participant status requests from Debbie Pearson and Diane Woodson on behalf of Margaret Woods, Diane Woods, Ginny and Richard Yanuziello and Sue Holland. The Tribunal also deferred a decision on these Applications at the request of the Parties and Party Applicants as per the reason outlined in paragraph [5] above.
MEDIATION
8The Tribunal made the Parties aware of Tribunal led mediation. The Appellant indicated that his client is open to hearing any proposals to resolve the concerns expressed by Party and Participant Applicants and doesn’t believe the application has the complexity that would require a formal mediation process.
HEARING PLANNING
9The Tribunal heard submissions from the Parties regarding the next steps for this case. They submitted that setting a date for a second CMC would assist the process by allowing time to clarify issues and possibly reach a settlement and if not, finalize a Draft Procedural Order (“DPO”) to be considered by the Tribunal. Party and Participant status requests would also be considered at that time.
10The Tribunal scheduled a second CMC by video hearing for Thursday, November 21, 2024, at 10 a.m. as follows:
GoTo Meeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
11Parties 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.
12Parties and Participants are asked to access and set up the application well before 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
13Persons 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 as indicated above.
14Individuals 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.
15The Tribunal directs the Parties to provide an update to the Case Coordinator by Friday, November 15, 2024, and a proposed agenda for the CMC. Specifically, whether a settlement has been reached or deliver a draft Procedural Order.
ORDER
16THE TRIBUNAL ORDERS THAT:
- A Case Management Conference is scheduled as per the details beginning at paragraph [10] above.
“Gregory J. Ingram”
GREGORY J. INGRAM MEMBER
“Ken Hewitt”
KEN HEWITT 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.