Klassen v. Milton (Town), 2025 CanLII 103387

Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 09, 2025

CASE NO(S).: OLT-24-000337

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Fred Klassen

Subject: Consent

Description: To create 3 new lots for residential development

Reference Number: B21-005/M

Property Address: 11179 Guelph Line

Municipality/UT: Milton/Halton

OLT Case No.: OLT-24-000337

OLT Lead Case No.: OLT-24-000337

OLT Case Name: Klassen v. Milton (Town)

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Fred Klassen

Subject: Consent

Description: To create 3 new lots for residential development

Reference Number: B21-006/M

Property Address: 11179 Guelph Line

Municipality/UT: Milton/Halton

OLT Case No.: OLT-24-000338

OLT Lead Case No.: OLT-24-000337

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Fred Klassen

Subject: Consent

Description: To create 3 new lots for residential development

Reference Number: B21-007/M

Property Address: 11179 Guelph Line

Municipality/UT: Milton/Halton

OLT Case No.: OLT-24-000339

OLT Lead Case No.: OLT-24-000337

PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Fred Klassen

Subject: Minor Variance

Description: To permit a reduced minimum lot area of 3 lots

Reference Number: A23-116/M

Property Address: 11179 Guelph Line

Municipality/UT: Milton/Halton

OLT Case No.: OLT-24-000332

OLT Lead Case No.: OLT-24-000337

Heard: September 29, 2025 by video hearing

APPEARANCES:

Parties	Counsel
Fred Klassen	Michael Cara Rowan Barron
Town of Milton	Konstantine Stavrakos

MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON SEPTEMBER 29, 2025 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Proposed Development involves the creation of three new residential lots and the retention of the existing lot and dwelling (i.e. a total of four lots would be created by the severance, comprised of three severed lots and one retained lot) in respect of the lands at 11179 Guelph Line (“subject property”) in Brookville, which is a former Hamlet now comprising part of the Town of Milton (“Town”), having come for the first Case Management Conference converted to a Settlement Hearing, with no Party or Participant requests.

2The subject property currently contains a two-storey single detached dwelling and a detached garage. The single detached dwelling is a listed heritage building. The surrounding land uses are predominately single detached dwellings on large lots.

3The Hamlet and Hamlet Commercial designations permit a variety of residential and convenience commercial uses, which are intended to provide services to local residents. The subject property is currently zoned ‘Hamlet Commercial (C4) Zone’ under the Town of Milton Zoning By-law No. 144- 2003, as amended. This zone permits residential uses, including single detached dwellings, provided that the performance standards of the zone can be met.

BACKGROUND

4The Planning report from Town staff was submitted to the Committee of Adjustment on February 14, 2024. Staff recommended denying the Applications over concerns of lot servicing and the sizing not being in conformity with Provincial Planning Statement, the Halton Region Official Plan, and the Town Official Plan.

5The Applications were the subject of a public hearing before the Committee of Adjustment on February 22nd, 2024. The Applications were refused by the Committee of Adjustment and appealed to the Ontario Land Tribunal on March 12th, 2024. Since that time, the Applicant has been engaged in settlement discussions with the Town of Milton, which have culminated in a comprehensive settlement of the Town’s previous issues with the Applications.

VARIANCES REQUESTED

6The Parties have determined that the new lots comply with all ‘Hamlet Commercial (C4)’ zoning criteria, with the exception of the minimum lot area and the maximum front yard setback as set out below:

Table 1: Statistics Related to Severed and Retained Lots

7As Lot 2 is pre-existing and no changes are being proposed to the current dwelling, it has been determined that no variances are required for Lot 2 as part of these Applications.

8The Proposed Development will be serviced with individual private services in accordance with the settlement reached with the Town.

9Access to the four lots will be provided via Guelph Line. Access to Lots 1, 2, and 3 is provided via a private driveway, and access to Lot 4 is provided via an easement over a portion of Lot 3.

10The Site Plan has been designed to ensure that private servicing infrastructure that will be located on the subject property is appropriately setback from adjacent properties and adjacent lots internal to the subject property.

11The proposed dwellings (including proposed access driveways, wells, and sewage disposal systems) have also been sited to minimize the removal of the mature trees and vegetation, which exist on the property so as to maintain the existing property character as a whole as much as possible.

12Through the settlement discussions, the Applicant and the Town have worked collaboratively to establish the “List of Minor Variances” and the “Conditions of Severance Approval” that are required in order to implement the Proposed Development.

FINDINGS

13The Tribunal have been advised by the Parties that a full uncontested settlement had been reached, on consent for the subject property. The Tribunal has received and considered a comprehensive Affidavit, sworn on September 23, 2025 by Jeff Kenny – a Registered Professional Planner and full member of the Canadian Institute of Planners (Exhibit 1).

14The Tribunal has accepted the uncontradicted expert land use planning opinion evidence of Jeff Kenny and submissions of counsel for the Parties. The Parties consent to allow the appeals in part of the Minor Variance Application and the variances to the Town Zoning By-law No. 144-2003 as set out in Appendix “A”.

15Mr. Kenny advised, in his opinion, that the proposed development has regard for the matters of Provincial interest outlined in section 2 of the Planning Act, including the protection of ecological systems which includes natural areas, features and functions, the conservation of features of significant architectural or historical interest, the supply, efficient use, and conservation of energy and water, the adequate and efficient use of communication, transportation, sewage and water services and waste management systems, the orderly development of safe and healthy communities, the adequate provision of a full range of housing, and the appropriate location of growth and development.

16Mr. Kenny testified that the general intent and purpose of the Zoning By-law is to achieve orderly, compatible development. The proposed lot area meets the general intent and purpose of the Zoning By-law; to create appropriate lot sizes by ensuring sufficient space for setbacks, access areas and servicing infrastructure. The proposed front-yard setback meets the general intent and purpose of the Zoning By-law by ensuring a generally consistent “building line” along the street that facilitates visual harmony and protects the neighbourhood character. In his opinion, the general intent of the Zoning By-law, individually and cumulatively, is being maintained.

17Mr. Kenny advised that the proposed development conforms with the general intent and purpose of the Town Official Plan. The proposed development provides for gentle infill intensification and increases the supply of housing in the Town, while also conforming to the Town Official Plan policies concerning environmental control and the protection of the environment, as well as human health.

18Mr. Kenny testified that the proposed development would maintain an appropriate low-rise, low-scale physical form of development that is largely compliant with the Zoning By-law standards, and which has been organized to be compatible with existing development in the area. In his opinion, there are no unacceptable adverse impacts resulting from the proposal and the requested variances are therefore minor in nature.

19Mr. Kenny testified that the proposed development also appropriately implements the existing planning framework at the Provincial and municipal levels, contributing to the existing housing supply in a compatible manner and assisting with the creation of a complete community. It will increase the housing choices for this area, has been sensitively designed to minimize impacts on the site and its surrounding area, and is desirable for the appropriate development or use of the land, building, or structure.

20Based on the foregoing, in Mr. Kenny’s opinion, the proposed variances satisfy all four tests for a minor variance and represent good planning.

21The Parties are jointly requesting the appeal be allowed in part of the consents to the creation of new lots and the creation of a new easement/right-of-way for vehicular and pedestrian access to permit access over Lot 3 in favour of Lot 4, and shown as Part 6 in the architectural drawing attached as Appendix “B”, subject to the satisfaction of the conditions of consent approval set out in Appendix “C” of this Order.

22Therefore, the Tribunal finds that the requested minor variance as revised by the settlement agreement have met the requirements for the four tests for a minor variance pursuant to section 45(1) of the Planning Act. The proposed minor variance is minor in nature, desirable for the appropriate development of the land consistent with the general intent and purpose of the Halton Region Official Plan, the Town Official Plan, the Brookville Secondary Plan, and the Town’s Zoning By-law No. 144-2003, consent test pursuant to section 51(24) of the Planning Act. The Tribunal finds that the requested minor variance and consents meet the required legislative tests, specifically the Provincial Planning Statement (2024), and has regard to matters of Provincial interest pursuant to section 2 of the Planning Act, which represents good planning, are in the public interest, and warrants approval for the subject property.

ORDER

23THE TRIBUNAL ORDERS that:

a. The appeal of the Minor Variance Application filed by Fred Klassen under section 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, is allowed, in part, and the variances to the Town of Milton Zoning By-law No. 144-2003 set out in Appendix “A” of this Order are approved; and

b. The appeal of the Consent to Sever Application filed by Fred Klassen under section 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, is allowed, in part, and the Tribunal consents to the creation of new lots and the creation of a new easement/right-of-way for vehicular and pedestrian access to permit access over Lot 3 in favour of Lot 4 and shown as Part 6 in the architectural drawing attached as Appendix “B” subject to the satisfaction of the conditions of consent approval set out Appendix “C” of this Order.

24THE TRIBUNAL FURTHER ORDERS that it may be spoken to should there be any issues with the implementation this Order.

“Eric S. Crowe”

ERIC S. CROWE

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.

Appendix “A”

(1) Section 7.2 (Table 7D), Zoning By-law No. 144-2003

A minimum lot area of 6,000 m² is required for the severed lots.

The proposed minimum lot area for Lot 1 is 5,471.94 m².

The proposed minimum lot area for Lot 3 is 5,039.18 m².

The proposed minimum lot area for Lot 4 is 5,332.84 m².

(2) Section 7.2 (Table 7D), Zoning By-law No. 144-2003

The front yard setback shall be a minimum of 3.0 m and a maximum of 7.5 m.

The proposed maximum front yard setback for Lot 1 is 57.40 m.

The proposed maximum front yard setback for Lot 3 is 83.80 m.

The proposed maximum front yard setback for Lot 4 is 85.30 m.

Appendix “B”

Appendix “C”

ALL OF THE CONDITIONS OF CONSENT MUST BE FULFILLED TO THE SATISFACTION OF THE TOWN OF MILTON AND THE CERTIFICATE OF CONSENT MUST BE ISSUED WITHIN A PERIOD OF TWO (2) YEARS FROM THE DATE OF THIS ONTARIO LAND TRIBUNAL ORAL DECISION, BEING DATED SEPTEMBER 29, 2025, OTHERWISE THE APPLICATION FOR CONSENT SHALL BE DEEMED TO BE REFUSED.

Conditions

1. The Applicant shall provide the Town (Committee Secretary-Treasurer) with:
   1. Three (3) full-sized copies of the deposited reference plan:
   2. One (1) reduced paper copy (no larger than 11” x 17”); and
   3. One (1) reduced electronic PDF version

prior to final consent being granted;

2. The Applicant shall provide the Town (Committee Secretary-Treasurer) with a registerable legal description of the ‘lands to be severed’ (including any references to existing PIN numbers and in such format as required for the Consent Certificate), prior to issuance of Final Consent Certificate.

3. A Solicitor’s Certification of legal description will be required, prior to final Consent being granted.

4. After such time as all other conditions of provisional consent have been satisfied and prior to final Consent being granted, the Applicant shall provide the Town (Committee Secretary-Treasurer) with an advisory of payment of any outstanding property taxes, to be confirmed by Town Tax Department Staff.

5. The Certificate of Consent shall include both the new lots and the easement to permit access over Lot 3 in favour of Lot 4 as shown in the architectural drawing attached as Appendix “B” to the Tribunal’s Order (the “Plan”).

6. That the Applicant shall dedicate to Halton Region a road widening, measured from 17.5 m from the centerline of the original 66 ft right-of-way of Guelph Line, to the satisfaction of Halton Region.

7. That the Applicant shall post securities in the amount of $10,000 per lot for all three new lots, to be released in accordance with the terms set out in the agreement with the Town of Milton as set out in Condition 8(f) below.

8. That the Applicant enter into an agreement with the Town of Milton, to the Town’s satisfaction, and which shall run with the land and be registered on title to all lots at the Applicant’s sole expense as a condition of this consent, providing that:

a) The owner of each of the three new lots and all successors and assigns shall install wells, septic systems, reserve beds in accordance with the Plan and advanced treatment system approved by the Town for the three new lots.

b) That the Applicant shall provide an educational information package to all prospective purchasers regarding the treatment systems and their associated care and maintenance.

c) All agreements of purchase and sale shall contain warning clauses regarding the treatment systems and the owner’s ongoing obligations for maintenance.

d) The owner of each of the three new lots and all successors or assigns shall enter into maintenance and monitoring agreements for the advanced treatment systems with the sewage system manufacturer or another qualified professional. The name and contact information of the professional maintaining the systems shall be provided to the Chief Building Official and updated after any changes to the qualified professional responsible.

e) The owner of each of the three new lots and all successors and assigns shall undertake effluent monitoring in accordance with the OBC requirements for treatment systems, which is annual sampling of the treated effluent for CBOD5 and TSS. Results must be reported to the Chief Building Official within 15 days of the sampling. The OBC protocol for exceedances shall apply. The following supplemental post development program shall also apply:

i. Year 1 – Quarterly Sampling

ii. Year 2 – Twice Per Year

iii. Annually for the life of the system thereafter

f) That the Applicant initially post securities against the completion of the sewage systems on site and the fulfillment of consent and agreement conditions in the amount of $10,000 per lot for all three new lots. These securities shall be replaced by the respective purchaser of each lot as part of the closing requirements for the sale of each lot. Funds are to be subsequently released to each owner once their conditions of approval and agreement requirements (as set out in section 8(a) to (e)(ii) above) have been fulfilled. For greater clarity, each owner shall be entitled to the release of their respective securities once they have satisfied their conditions of approval and agreement requirements, and such release is not contingent on the status of the other approved lots. If the subject development lots are shown to not be in compliance, these securities may be drawn upon by the Town of Milton.

Notes

THE APPLICANT/OWNER, HIS SUCCESSORS AND ASSIGNS ARE HEREBY NOTIFIED AS FOLLOWS:

1. Regional development charges and educational development charges are applicable in accordance with the appropriate agency's policies and by-laws. Town development charges and other charges are applicable on any future development in accordance with Town policies and by-laws and other applicable legislation. All development charge inquiries should be directed to DevelopmentFinance@milton.ca

2. Municipal property taxes must be in good standing prior to approval. Inquiries with respect to property taxation should be directed to 905-864-4142 or taxes@milton.ca.

3. The Applicant is advised that payment in lieu (PIL) of conveyance of land to the Town for park or other public recreational purposes will be required for the new lots.

4. The owners or their consultants must contact Milton Hydro directly for new or upgraded electrical servicing requirements. The location of the transformer/switchgear, if required, will be confirmed during the application process. Inquiries can be made to: EngineeringDepartment@MiltonHydro.com

5. If Milton Hydro owned equipment (transformer/switchgear) currently exists on the property and is intended to remain, access by Milton Hydro vehicles will be required if not already existing. A 4 m clearance is also required from the opening of the transformer/switchgear. Please contact Milton Hydro for approval.

6. New civil installations, such as driveways, must maintain a 1.5 m minimum clearance from Milton Hydro owned poles and pole anchoring.

7. If a utility easement or an easement in favour of Milton Hydro exists on the property, Milton Hydro does not approve of any proposed works (fences, structures etc.) within the limits of the easement.

8. If there is a high voltage pole line adjacent to the proposed building/addition, clearances must be maintained as required shown in the figure below. (Refer to Ontario building Code 3.1.19.1, clearance to buildings).

9. An entrance permit from Halton Region is required for each proposed driveway to Guelph Line. Detailed design drawings must accompany the access permit that illustrates the driveway works (width, radius, grades, mud mat, culvert width length, and location, etc.) required within the Regional right-of-way.

The owner(s) are required to maintain the septic system yearly in accordance with section 8.9 of the Ontario Building Code.