du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
February 07, 2024
CASE NO(S).:
OLT-23-000966
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
TRG (Cherokee) Holdings Inc.
Subject:
Request to amend the Official Plan – Refusal of request
Description:
To permit the development of a mixed-use boathouse containing commercial, residential and amenity spaces
Reference Number:
OPA 01-2022
Property Address:
150, 160, 195 and 205 Cherokee Lane
Municipality/UT:
Gravenhurst/Muskoka
OLT Case No:
OLT-23-000986
OLT Lead Case No:
OLT-23-000986
OLT Case Name:
TRG (Cherokee) Holdings Inc. v. Gravenhurst (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Application to amend the Zoning By-law – Refusal of application
Description
To permit the development of a mixed-use boathouse containing commercial, residential and amenity spaces
Reference Number:
ZA 11-2022
Property Address:
150, 160, 195 and 205 Cherokee Lane
Municipality/UT:
Gravenhurst/Muskoka
OLT Case No:
OLT-23-000987
OLT Lead Case No:
OLT-23-000986
Heard:
January 24, 2024, via Video Hearing
APPEARANCES:
Parties
Counsel
TRG (Cherokee) Holdings Inc. (“TRG/Applicant/Appellant”)
Denise Baker
Town of Gravenhurst (“Town”)
Edward Veldboom
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON JANUARY 24, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) hearing on the appeal filed by TRG (Cherokee) Holdings Inc. following the refusal of the Council for the Town of Gravenhurst on applications for an Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”). The Applicant appealed pursuant to s. 22(7) and 34(11) of the Planning Act.
2The Subject Lands are municipally known as 150, 160, 195 & 205 Cherokee Lane, in the Town of Gravenhurst (“Town”).
3The Tribunal marked as Exhibit 1 the Affidavit of Service executed by Marie Wakefield on November 16, 2023, attesting that proper Notice had been given for this CMC.
4The Tribunal, having received executed Minutes of Settlement prior to the commencement of this CMC, confirmed with the Statutory Parties that a settlement had been reached. A brief overview of the process leading to the settlement was provided to the Tribunal.
PARTY STATUS REQUESTS
5Two requests for Party status were made in advance of this CMC. The Tribunal heard from the representatives of Muskoka Bay Property Owners Association (“MBPOA”) and Muskoka Lakes Association (“MLA”). Both confirmed their organizations are incorporated.
6Both organizations indicated that they continue to have concerns with two common issues. Those issues include: 1) the length of the dock and height of the boat house obstructs the view from the public park; and 2) seeking to have the unused portion of the water lot deeded back to the Town by the Applicant.
7The Tribunal inquired with the Statutory Parties if there were any objections to granting the requesters Party status. Both indicated their opposition.
8The Tribunal heard from MLA and MBOPA to understand how their concerns impact the planning instruments which will be presented at the upcoming Settlement hearing. It was the position of the MLA and MBOPA that the view from the public park would be limited for public enjoyment and further, it was their hope that the Town would require the Applicant to deed the unused portion of their water lot back to the Town.
9The Tribunal then asked the Statutory Parties for submissions on both the MLA and the MBPOA request for Party status. Counsel for the Applicant submitted that the MLA and MBOPA issue regarding the obstruction of view from the public park due to the length of the dock and height of the boat house had been considered through the planning process and revisions to the initial proposal were made and agreed upon to the satisfaction of the Town. It was further stated that “view” can not always be guaranteed or maintained as a determining factor when dealing with planning proposals.
10Counsel for the Town confirmed that the issue of having a portion of the water lot deeded to the Town was not the direction the Town was seeking.
11The Tribunal concurs with the Statutory parties that view is not a right when determining planning matters. The Tribunal, having heard Counsel for the Town clearly indicate that the Town has no interest in pursuing a deed to the unused portion of the water lot as a condition of the Minutes of Settlement, respects the will of the Town not to pursue this issue.
12The Tribunal acknowledges that area residents’ distinct perspectives will often provide positive contributions to the fair and just resolution of a given matter. It is also acknowledged that adding parties will almost always add time, costs, and otherwise, lengthen proceedings. As a result, when considering a request for Party status, the Tribunal must balance the expected positive contributions of a proposed Party (i.e., that which comes from a distinct perspective) with the expected negative consequences associated with decreased efficiency (i.e., added time and costs).
13The Tribunal finds that, the issues raised by MLA and MBOPA have been sufficiently addressed and that their added involvement will not contribute to the fair and just resolution of the matter.
14As a result, the Tribunal denies MLA and MBOPA Party status request.
PARTICIPANT STATUS REQUESTS
15The Tribunal received three Participant status requests including comments which were submitted by the following individuals:
Richard Corcelli who wrote in favour of the Applications.
Gord Locklin regarding ownership of the bed of the Lake and water lot as well as the effects of the proposal on the Trans Canada Trail.
Gravenhurst Residents Group who cited in their written submission concerns with boating traffic speed and safety of the Bay Area.
16Having heard no opposition to the granting of Participant status, the Tribunal conferred status to those named above.
17The Tribunal having denied Party status to MLA and MBOA, proffered Participant status. MLA and MBOPA indicated their willingness to provide written summary submissions, not to exceed ten pages in length and include the mandatory Participant status request form to the Case Coordinator on or before Friday, February 16, 2024, for the consideration of the Tribunal at the one-day Settlement hearing scheduled by video hearing on Wednesday, February 28, 2024, at 10 a.m. The statutory Parties concurred with the granting of Participant status to both MLA and MBOA.
SETTLEMENT HEARING
18At the request of the parties, the Tribunal has scheduled a Settlement Hearing for Wednesday February 28, 2024, at 10 a.m. to be held via Video Hearing.
19Parties 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/719383509
Access Code: 719-383-509
20Parties 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
21Persons 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 1-888-299 1889 or +1 (647) 497- 9373. The Access Code is indicated above.
22Individuals 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.
23The 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
24THE TRIBUNAL ORDERS that:
The date and particulars of the Settlement hearing are set out above.
Party Status requests are denied to the following:
i. Muskoka Lakes Association
ii. Muskoka Bay Property Owners Association
- Participant Status requests are granted to the following:
i. Richard Corcelli
ii. Gord Locklin
iii. Gravenhurst Residents Group
iv. Muskoka Lakes Association
v. Muskoka Bay Property Owners Association
25Participant Submissions for the Muskoka Lakes Association and Muskoka Bay Property Owners Association are directed as above.
26This Member is not seized but will continue to manage this file.
27This Member remains available through the Case Coordinator should the need arise.
28No further notice is required.
“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.