Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
October 22, 2025
CASE NO(S).:
OLT-24-001029
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Aaron Lewcock
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit redevelopment of a cottage and boathouse
Reference Number:
R-2024-0012-H
Property Address:
174 Hamer Bay Road
Municipality/UT:
Seguin/Parry Sound
OLT Case No.:
OLT-24-001029
OLT Lead Case No.:
OLT-24-001029
OLT Case Name:
Aaron Lewcock v. Seguin (Town)
Heard:
September 2 and 4, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Aaron Lewcock
Russell Cheeseman Stephanie Fleming
Township of Seguin
Narmada Gunawardana Sylvain Rouleau (in absentia)
Lake Joseph North Association
Cristin Hunt David Bronskill (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY Gregory J. Ingram ON September 2 and 4, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This case before the Tribunal is regarding an appeal by Aaron Lewcock pursuant to s. 34(11) of the Planning Act, regarding the Township of Seguin’s (“Township”) refusal of a Zoning By-law Amendment (“ZBA”) to permit an increase in: lot coverage; gross floor area; length of the boathouse; and size of the dock for lands known municipally as 174 Hamer Bay Road, Seguin (“Subject Property”). Since launching the appeal, the Parties continued deliberations and arrived at a proposed Settlement, which the Lake Joseph North Association are also in support of.
2On September 2, 2025, the Parties attended a Case Management Conference and informed the Tribunal that they had reached an agreement in principle but were not able to present the Minutes of Settlement to the Tribunal as the Council of the Township had not formally consented to the proposed agreement. Counsel for the Township expected that the Township would sign off on the Minutes of Settlement at their meeting later September 2, 2025, and the Parties requested that the Tribunal schedule another date to hear the Settlement in principle.
3The Parties confirmed that all necessary materials and documents are prepared and ready to be presented to the Tribunal.
4The Tribunal granted this request and scheduled a hearing date for Thursday, September 4, 2025, when the Settlement in principle was presented.
THURSDAY SEPTEMBER 4, 2025 – SETTLEMENT IN PRINCIPLE
Background
5The Subject Property is currently zoned Shoreline Residential One (SR1) according to the Township’s Comprehensive Zoning By-Law No. 2006-125 (“ZBL”).
6The SR1 Zone, permits a maximum lot coverage of 6.75% while the existing legal non-complying lot coverage on the subject lands is 7.94%. It also permits a maximum gross floor area of 499.25 square metres (“m²”) and a maximum combined surface area of 168 m² for docks which also includes on the upper deck of the boathouse.
7The revised ZBA proposal permits a maximum lot coverage of 9.49%, a maximum gross floor area of 550 m² and a maximum combined surface area of 180.7 m² for docks.
MINUTES OF SETTLEMENT
8The Minutes of Settlement reflect revisions to the original ZBA including the following:
i. a maximum lot coverage of 9.49% within 60 metres of the shoreline, a reduction of 0.51% from the original proposal;
ii. a maximum dwelling gross floor area of 550 square metres, a reduction of 149.98 square metres from the original proposal; and,
iii. a maximum combined surface area of 180.7 square metres for docks, a reduction of 56.7 square metres from the original proposal.
LEGISLATION
9The issues that the Tribunal must address when adjudicating a ZBA appeal are whether the proposed instruments:
a) Are consistent with the Provincial Policy Statement, 2024 (“PPS 2024”);
b) Conform with applicable Official Plans;
c) Represent good planning.
d) The Tribunal must have regard to the matters of provincial interest as set out in s. 2 of the Planning Act and have regard to the information and materials that the Township received concerning the matters under s. 2.1(2) of the Planning Act.
HEARING: EVIDENCE/ANALYSIS/FINDINGS
10The Tribunal qualified Savas Varadas to provide opinion evidence in the area of land use planning. His evidence supports the Minutes of Settlement (Attachment 1) agreed to by the Township and Aaron Lewcock. Savas Varadas is a Registered Professional Planner, a full member of the Canadian Institute of Planners, and the Ontario Professional Planners Institute.
11In addition to the materials provided by the Township, the following were relied upon as evidence for the Hearing:
a. Exhibit 1: Affidavit of Sava Varadas
b. Exhibit 2: Lewcock Document Book
c. Exhibit 3: Minutes of Settlement
12Planner Varadas provided a complete written and oral analysis of the proposed ZBA and opined that it represents good planning, has regard for section 2 of the Planning Act, is consistent with PPS 2024, and conforms with the Region and Township Official Plans.
13Regarding good planning, Planner Varadas opined that the design for the property will be “visually pleasing” and will integrate into the “natural environment to create a site that blends with its surroundings”. The proposed dwelling complies with the 20 metre (“m”) setback from the lake required under the ZBL. It is primarily at the rear of the building, which also protects the existing shoreline vegetation and mitigates any visual or shoreline impact.
14With respect to the PPS 2024, Planner Varadas proffered that Section 2.6.1 permits “resource-based recreational uses”, which matches the proposal. Planner Varadas also referenced Section 2.6.2 and Section 2.6.3 and opined that the proposal complies as it can be serviced by existing rural service levels. Section 4 refers to natural heritage and Planner Varadas indicated that the Subject Property does not contain any sensitive natural heritage features.
15Regarding the Township’s Official Plan (“TOP”), the Subject Property is designated as Shoreline Area which permits low density residential, which is the current use, and complies with the 20 m setback requirement. The TOP also requires that “new buildings…achieve a complementary design relationship with existing buildings” and Planner Varadas proffered that the proposed structure largely meets this criterion as it will have “open decks, varying rooflines” and other features to minimize the building’s massing when viewed from the lake.
16Planner Varadas opined that the revised proposal complies with Section 3.1.3.11 of the TOP as it permits a maximum lot coverage of 9.49% within 60 m of the shoreline where the TOP permits a maximum of 10% of the lot area within the front 60 m. Planner Varadas also indicated that the proposal complies with the building height requirements and the dock size is within the permitted dimensions.
17The TOP has provisions for shoreline protection, which Planner Varadas opined the proposal complies with.
18The Tribunal having heard the expert land use planning opinion evidence of Planner Varadas and the submissions of the counsel for Aaron Lewcock, counsel for the Town of Seguin, and counsel for the Lake Joseph North Association, grants the appeal.
19The Tribunal finds that the proposed development’s conformity with critical natural heritage polices and a design that blends into the natural environment represents good planning.
20The Tribunal also finds that the renovation can be serviced by existing services and is in the character described by the TOP.
21The Tribunal finds that compliance with the shoreline setback and height requirements are important aspects of this proposal.
ORDERS
22THE TRIBUNAL ORDERS that the appeal is allowed, and By-law 2006-125 of the Township of Seguin is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the Township of Seguin to assign a number to this by-law for record keeping purposes.
“Gregory J. Ingram”
GREGORY J. INGRAM
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.
ATTACHMENT 1
THE CORPORATION OF THE TOWNSHIP OF SEGUIN
BY-LAW NO. 2025-______
“Being a By-law to amend Township of Seguin Zoning By-law No. 2006-125”
4903 010 006 02100, R-2024-0012-H (Lewcock – 174 Hamer Bay Road)
WHEREAS the Council of The Corporation of the Township of Seguin received and considered an application to amend the Township of Seguin Zoning Bylaw No. 2006-125 respecting lands described as “PT LT 29 CON 6 HUMPHREY PT 2 42R5848; PT SHORE RDAL IN FRONT LT 29 CON 6 HUMPHREY PTS 1 & 2 42R19805”; and,
WHEREAS Council has the authority pursuant to Section 34 of the Planning
Act R.S.O. 1990, Chapter P.13 as amended, to pass amendments to the
Zoning By-law; and,
WHEREAS Council has approved the application to amend the By-law and
deems it appropriate to pass this By-law;
AND WHEREAS the Council of the Corporation of the Township of Seguin has determined that no further notice of meeting is required in accordance with Section 34(17) of the Planning Act, R.S.O. 1990;
NOW THEREFORE the Council of The Corporation of the Township of Seguin
hereby enacts as follows:
- Map 26 to Schedule “A” to Zoning By-law No. 2006-125 is hereby amended
by rezoning those lands described as “PT LT 29 CON 6 HUMPHREY PT 2
42R5848; PT SHORE RDAL IN FRONT LT 29 CON 6 HUMPHREY PTS 1 & 2
42R19805” from the Shoreline Residential One (SR1) zone to the Shoreline
Residential One Exception One Hundred Seventy-Three (SR1-173) Zone,
as shown on Schedule “A” attached hereto and forming part of this By-law.
- Table 6.4 of Section 6.4, Residential Zones – Exceptions, is hereby
further amended by adding Exception “SR1-173”, as set out on Schedule
“B” attached hereto and forming part of this By-law.
- This By-law shall take effect from the date of passage by Council and
shall come into force in accordance with the provisions of the Planning Act
R.S.O. 1990, Chapter P.13 as amended.
BY-LAW read a FIRST, SECOND and THIRD time and finally PASSED and
ENACTED this _______ day of ________________, 2025.
Ann MacDiarmid
Mayor
Craig Jeffery
Clerk
THE CORPORATION OF THE TOWNSHIP OF SEGUIN
By-law No. 2025-______ Schedule “A”
PT LT 29 CON 6 HUMPHREY PT 2 42R5848; PT SHORE RDAL IN
FRONT LT 29 CON 6 HUMPHREY PTS 1 & 2 42R19805 Zoning By-law
2006-125 - Schedule A - Map 26
THE CORPORATION OF THE TOWNSHIP OF SEGUIN
By-law No. 2025-______ Schedule “B”
Amendment to Table 6.4 of Section 6.4 – Residential Zones – Exceptions:
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Exception
Number
Additional
Permitted Uses
Only Uses
Permitted
Uses
Prohibited
Special Zone
Requirements
SR1-173
Section 6.3, Tables
6.2 and 6.3
- Maximum Lot
Coverage
within 60 metres of the Shoreline = 9.49%
- Maximum Dwelling
Gross Floor Area = 550
square metres
Section 4.28.2 e)
- Maximum combined
surface area of docks =
180.7 square metres