Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 07, 2024
CASE NO(S).: OLT-23-000619
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Matthew Paric
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit the development of a single detached dwelling and accessory structures on private water and wastewater services
Reference Number: OP-2021-02
Property Address: 270 Burns Boulevard and 31 Winter Road
Municipality/UT: Township of King/ Regional Municipality of York
OLT Case No.: OLT-23-000619
OLT Lead Case No.: OLT-23-000619
OLT Case Name: Paric v. King (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Matthew Paric
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of a single detached dwelling and accessory structures on private water and wastewater services
Reference Number: Z-2021-07
Property Address: 270 Burns Boulevard and 31 Winter Road
Municipality/UT: Township of King/ Regional Municipality of York
OLT Case No.: OLT-23-000620
OLT Lead Case No.: OLT-23-000619
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Matthew Paric
Subject: Consent
Property Address/Description: 31 Winter Road/ Plan 1579, Lot 15
Municipality: Township of King
Municipal File No.: B-23-02
OLT Case No.: OLT-23-001145
OLT Lead Case No.: OLT-23-000619
Heard: January 09, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Matthew Paric (“Appellant”) | Alex Lusty |
| Township of King (“Township”) | Tom Halinski |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. SAUVE ON JANUARY 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) for this matter regarding applications to permit the development of a single detached dwelling and accessory structures. The proposed development includes a dwelling, garage, pool and pool house to be serviced by a private well and private sewage system.
2The subject lands consist of two properties in King City in the Township of King, which are 270 Burns Boulevard and 31 Winter Road. The property at 270 Burns Boulevard is a vacant registered lot in Plan 65M2392 and measures 2.05 hectares with 10 metres of frontage and consists of wetlands, woodlands and tablelands. The property at 31 Winter Road is a residential lot measuring 0.114 hectares with 60 metres of frontage and supports a dwelling and detached garage. The neighbourhood consists of large lots developed with single detached dwellings and consisting of mature vegetation. The area also includes a large wetland area east of the subject properties known as the King Vaughan Provincially Significant Wetland complex.
3The Township of King issued a Notice of Refusal regarding the applications on May 30, 2023.
PARTY STATUS REQUEST
4At the previous CMC, a Party status request from Sonia Thaper was adjourned until the January 9, 2024 CMC (“Second CMC”) because neither herself nor her counsel were able to attend. Neither herself nor her counsel attended the Second CMC and the Tribunal has been informed that she wishes to withdraw her Party status request. Ms. Thaper’s Party status request is therefore closed.
5The Tribunal has not received any further Party status requests nor Participant status requests.
CONSOLIDATION
6The Appellant is appealing three separate applications that all relate to the same lands and proposed construction, identified by the following Tribunal file numbers:
OLT-23-000619 regarding an Official Plan Amendment (“OPA”);
OLT-23-000620 regarding a Zoning By-Law Amendment (“ZBA”); and
OLT-23-001145 regarding a Consent.
7The nature of the consent application is to sever a portion of the northerly area of 31 Winter Road and join it to 270 Burns Boulevard to provide access to 270 Burns Boulevard from Winter Road.
8The request to consolidate the three files is on consent of both Parties and the Tribunal agrees that there is a sufficient nexus for the three matters to be consolidated. The Tribunal directs that the three files are consolidated.
POTENTIAL FOR SETTLEMENT
9Both Parties informed the Tribunal that they are working on a resolution. They believe that substantial progress has been made and stylistic modifications and the fine tuning of language are the last issues to be worked out.
10As such, the Parties are requesting a written Settlement Hearing be scheduled.
NEXT STEPS
11A written Settlement Hearing is scheduled for March 21, 2024.
12The Settlement Hearing will be governed by Rule 10 of the Ontario Land Tribunal Rules of Practice and Procedure.
13No further notice is required.
ORDER
14THE TRIBUNAL ORDERS its directions as set out above.
15The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“A. Sauve”
A. SAUVE
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.