Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 24, 2025
CASE NO(S).: OLT-25-000471
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2436069 Ontario Ltd
Subject: Minor Variance
Description: To permit the renovation of the existing building and establish additional residential units
Reference Number: MV-2-2025
Property Address: 237, 239 and 241 Parkhill Main Steet
Municipality/UT: North Middlesex/Middlesex
OLT Case No.: OLT-25-000471
OLT Lead Case No.: OLT-25-000471
OLT Case Name: 2436069 Ontario Ltd. v. North Middlesex (Municipality)
Heard: October 31, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 2436069 Ontario Ltd | Elizabeth Dellio |
| Municipality of North Middlesex | David Samuels |
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON OCTOBER 31, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The case before the Tribunal is regarding an appeal by 2436069 Ontario Ltd (“Appellant”) pursuant to s. 45 (12) of the Planning Act R.S.O. 1990, c. P.13, as amended (“Act”), regarding the refusal by the Municipality of North Middlesex Committee of Adjustment (“COA”) of a minor variance application seeking to permit eleven new residential dwelling units within the existing structures at 237-241 Parkhill Main Street, Parkhill Ontario (“Subject Lands”). There are currently 8 residential units on the second floor of the existing buildings.
2The relief sought from the North Middlesex Zoning By-law (“ZBL”) would permit five new below grade residential units whereas the ZBL only permits them on upper floors or at the rear with no more than 50% coverage of main floor, an increased density of 173 units per gross hectare (“ha”) when 25 units per gross ha are permitted and to permit the required parking be located on an abutting property, 184 Mill Street (“Adjacent Property”), through a formal parking agreement whereas the ZBL requires that the parking spaces be located on the property that they serve.
3The Subject Lands are in the ‘Urban Settlement Area’ of Parkhill and are approximately .11 ha in size. There are currently 3 attached mixed-use commercial- residential buildings on the property that support three retail businesses, 1 professional office and 8 existing residential units above the commercial businesses. The Adjacent Property is .15 ha in size.
4The COA denied the minor variance application in May 2025 and following the launch of this appeal by the Appellant, the Parties continued their deliberations and reached a settlement agreement and requested that it be presented to the Tribunal.
MINUTES OF SETTLEMENT
5The Minutes of Settlement confirmed and agreed to by the Parties permit the following on the Subject Lands:
i. 5 residential dwelling units below grade within the existing structures ii. Maximum density of 173.0 dwelling units per hectare iii. Minimum of twenty-six residential parking spaces be provided cumulatively between the Subject Lands and the Adjacent Property
6Five conditions have also been agreed to in the Settlement. They include the requirement of a permanent parking agreement, a parking layout plan, below grade commercial space limitation and a requirement for appropriate signage for each of the residential and commercial units located on the Subject Lands.
LEGISLATION
7The Tribunal must be satisfied that the requested variances:
a. Maintain the general intent and purpose of the North Middlesex Official Plan (“OP”); b. Maintain the general intent and purpose of the ZBL; c. Are minor in nature; and d. Are desirable for the appropriate development or use of the land, building or structure.
8Additionally, the Tribunal must be satisfied that the variances are also consistent with the Provincial Policy Statement 2024 (“PPS 2024”) and have regard to matters of provincial interest, as well as the decision of the Approval Authority and the information that was before it.
EVIDENCE/ANALYSIS/FINDINGS
9In addition to the materials provided by the Municipality, the following were relied upon as evidence for the Hearing:
a. Exhibit 1: Notice Issued by Tribunal, September 16, 2026 b. Exhibit 2: Affidavit of Nick Dyjach, CV, Expert Duty Form, Planning Rationale
10The Tribunal qualified Nick Dyjach to provide opinion evidence in land use planning. Planner Dyjach is a Registered Professional Planner, a full member of the Canadian Institute of Planners, and the Ontario Professional Planners Institute. His evidence supports the Minutes of Settlement agreed to by the Parties.
11Planner Dyjach provided a complete, uncontested written and oral analysis of the planning merits of the minor variances agreed to in the Minutes of Settlement and opines that they are consistent with PPS 2024, have regard for matters of provincial interest, conform with the OP, are minor in nature and appropriate re-development of the Subject Lands.
12Planner Dyjach opines that the relief requested for the redevelopment is consistent with provincial planning polices as it is within a settlement area, utilizes existing services and infrastructure, provides for a range and mix of housing options/densities and is near commercial uses and services.
13Regarding conformity with the OP, Planner Dyjach proffers that the redevelopment plan conforms with several goals of the OP as the Subject Lands are located in the Central Area which permits the coexistence of residential with non-residential uses. The proposed development generally meets the intent of this policy 5.3.1.c “by maintaining the function of the mixed-use building and preserving the commercial character.”
14The Subject Lands are in the Central Commercial Zone (“C1 Zone”) and Planner Dyjach opines that the redevelopment aligns with the intent and purpose of the C1 Zone as the function of the existing building “would largely be unchanged.”
15Planner Dyjach refers to Sections 6.11.b and 6.1.2 which regulate the location of residential dwellings in mixed use buildings and proffers that the purpose of the regulations in these Sections is to “maintain active commercial street frontage” and the proposed redevelopment would have separate residential entrances while not impacting the commercial unit accesses.
16Regarding the increase in density, Planner Dyjach opines proposed redevelopment conforms with the intent of the ZBL, as it is in an urban and built out area, is sustainable and walkable, is an efficient use of land and existing services while supporting the pedestrian-oriented main street commercial uses.
17The issue of adequate parking for the proposed redevelopment has been addressed in the Minutes of Settlement. Presently, the current site provides 8 parking spaces and ZBL requires a total of 41. The proposed redevelopment would require 45 parking spaces under the current ZBL. Planner Dyjach opines that the proposed Permanent Parking Agreement addresses parking requirements given the low units per ha proposed for the Subject Lands.
18Planner Dyjach opined that the relief sought is minor in nature and results in a desirable use of the Subject Lands. He proffers that the addition of new residential dwellings within the existing building will not change the overall character of the underutilized site while improving the viability of the commercial units. The variances support the “utilization of vacant space to create more attainable residential dwellings” and support the “efficient use of land, resources and infrastructure.”
19The Tribunal having heard the uncontested expert land use planning opinion evidence of Planner Dyjach, reviewed the Minutes of Settlement and considered the materials provided by the Municipality, granted an oral approval of the appeal and has confirmed it in writing through this decision.
20The Tribunal finds that the relief sought results in a redevelopment that is consistent with provincial planning policies, conforms with the OP while maintaining the intent of the ZBL. The proposed redevelopment also represents good planning and is desirable for the Subject Lands.
21Specifically, increasing the number of residential units in a mixed-use property represents good planning and addresses several priorities within the Municipality and the Province as outlined by Planner Dyjach.
ORDERS
22THE TRIBUNAL ORDERS THAT the appeal is allowed in part to By-law No. 35-2004 of the Municipality of North Middlesex and authorizes the variances set out below, subject to the conditions set out and forming part of this decision:
a. The establishment of five (5) residential dwelling units below grade within the existing structure at 237-241 Parkhill Main Street, Parkhill Ontario; b. A maximum residential density of 173.0 dwelling units per gross hectare; and c. A minimum of twenty-six (26) residential parking spaces to be provided cumulatively between 237-241 Parkhill Main Street and the abutting parcel municipally known as 184 Mill Street, notwithstanding that such parking is not located entirely on the Subject Lands.
The above variances are subject to the following five conditions:
Permanent Parking Agreement: The Owner shall enter into a permanent Parking Agreement, in a form satisfactory to the Municipality and its legal counsel, identifying the location, number, and allocation of parking spaces required to support the approved development. The Parking Agreement may include provisions requiring the Owner to enter into a cash-in-lieu of parking agreement with the Municipality. The Parking Agreement shall be registered on title to the Subject Lands and any benefitting lands, including 184 Mill Street (legally described as LT 3 & PT LT 2, N OF MILL ST & PT LT 1, W OF MAIN ST, PL 200, AS IN 935157, S/T & T/W 935157; SUBJECT TO AN EASEMENT IN FAVOUR OF PART LOT 1 WEST OF MAIN STREET PLAN 200 AS IN 882853 AND 928917; PART LOT 2 WEST OF MAIN STREET PLAN 200, PART 6, 33R16581 AS IN ER1615395; MUNICIPALITY OF NORTH MIDDLESEX), and the Owner shall bear all costs associated with registration. The Agreement shall ensure that the required parking spaces are permanently provided, maintained, and accessible for the duration of the approved uses.
Parking Layout Submission: The Owner shall prepare and submit a detailed parking layout for review and approval by the Municipality. The layout shall be drawn to scale, include all dimensions, and delineate parking spaces, aisle widths, access points, accessible parking, and any associated landscaping or buffering. The approved layout shall accompany registration of the Parking Agreement referenced in Condition 1 and shall comply with all applicable municipal standards and engineering requirements.
Below-Grade Commercial Space Limitation: A maximum of fifty percent (50%) of the total below-grade floor area within the existing structure shall be maintained exclusively for commercial uses permitted under the applicable Zoning By-law and shall not be converted, in whole or in part, to residential use.
Addressing and Signage: All residential and commercial units located on the Subject Lands shall be appropriately addressed, and all associated signage shall be installed, or confirmed to have been installed, in accordance with applicable municipal addressing standards, to the satisfaction of both the Municipality of North Middlesex and the County of Middlesex.
Preservation of Existing Commercial Unit (Second Blessings): The commercial unit known as Second Blessings Thrift Boutique shall continue to operate within the existing 2,500 square feet of space described in the Lease Agreement between the Parties dated October 24, 2023.
“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.