Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 08, 2025
CASE NO(S).: OLT-25-000406
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: We The Shermans Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To Permit the Demolition of an Existing Cottage and Garage and Replaced with a Year-round Dwelling
Reference Number: ZA25-01
Property Address: 750 and 761 Christie Lake Lane 32D
Municipality/UT: Tay Valley/Lanark
OLT Case No.: OLT-25-000406
OLT Lead Case No.: OLT-25-000406
OLT Case Name: We The Shermans Inc. v. Tay Valley (Township)
Heard: November 27, 2025 in writing
APPEARANCES:
Parties We The Shermans Inc. Township of Tay Valley
Counsel Michael Polowin Crystal McConkey Laura Robinson
DECISION DELIVERED BY A. SAUVE AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This Decision and Order arises from a written settlement hearing regarding an appeal filed by We the Shermans Inc. (“Appellant”) pursuant to section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, in respect of the refusal by Council for the Township of Tay Valley (“Township”) on the Appellant’s application for a Zoning By-law Amendment (“ZBA”) to replace the existing seasonal cottage with a four-season cottage.
2The proposed ZBA rezones a 4,347 square metre southern portion of the Subject Property from Seasonal Residential (RS) and Rural (RU) to Limited Services Residential, Special Exception 198 (RLS-198). The remaining portion of the Subject Property will continue to be zoned RU. The existing dwelling at 750 Christie Lake Lane 32D will continue to be zoned RU.
3The Appellant and the Township reached a proposed settlement which they now seek to have approved by the Tribunal.
EVIDENCE AND ANALYSIS
4The Tribunal received written evidence in a Settlement Brief from the Parties, marked as Exhibit 1, that includes a Witness Statement and Addendum to Witness Statement by Ryan Poulton. Mr. Poulton is a Registered Professional Planner retained by the Appellant, whom the Tribunal qualifies to provide expert opinion evidence in the area of land use planning. The following findings of the Tribunal are based on Mr. Poulton’s uncontroverted evidence, which the Tribunal accepts.
5750 and 761 Christie Lake Lane 32D (“Subject Property”) is located within Tay Valley Township, in Lanark County. The Subject Property has an approximate area of 8.1 hectares, approximately 29 metres (“m”) of frontage along the North Shore of Christie Lake, and approximately 215 m of frontage along Christie Lake North Shore Road. A private road (Christie Lake Lane 32) provides access to the Subject Property from Christie Lake North Shore Road.
6750 and 761 Christie Lake Lane 32D previously existed as two separate parcels. 750 Christie Lake Lane 32D was developed with a seasonal (i.e. cottage) dwelling. 761 Christie Lake Lane 32D was developed with a single dwelling. The properties have merged on title. Both dwellings are accessed via separate driveways off Christie Lake Lane 32.
7The Appellant is requesting the Tribunal amend the Township’s Zoning By-law 02-121 as follows:
The portion of the Property identified as “Lands to be Re-Zoned” in the Zoning By-law Amendment Sketch by Egis dated January 8, 2025 shall be rezoned from Seasonal Residential [RS] and Rural [RU] to a site-specific limited services residential [RLS-x] zone by adding the following new subsection at the end of Section 5.3.4 (Special Exception Zones):
RLS-x (Part Lots 20-22, Concession 3, South Sherbrooke)
Notwithstanding the provisions of Sections 5.3.2, 3.19.1 and 3.19.3, on the lands zoned RLS-x the following provisions shall prevail:
West Side Yard Setback 3.8 m
Height 10.95 m
Separation between dwellings >12 m
Floor area second dwelling (maximum) 205 m²
One septic system, well and driveway for each dwelling
8The planning documents applying to these amendments include the following: s. 2 of the Planning Act, the Provincial Planning Statement 2024 (“PPS”), the Lanark County Sustainable Communities Official Plan (“County OP”) and the Tay Valley Township Official Plan (“Township OP”).
9Several common themes, through the related policies and provisions in these documents, ae implemented by the proposed ZBA and resulting development including:
Providing a full range of housing to meet the needs of current and future residents;
The protection of Rural areas and natural features including the Natural Heritage System; and
Efficient use of Rural infrastructure.
10In his witness statement, Mr. Poulton opined that the proposed ZBA represents good land use planning as it facilitates replacement of an existing seasonal dwelling and associated private services with a new single dwelling and new private services on an existing residential property. He also opined that the proposed development would not have a negative effect on the surrounding natural features. He stated that the ZBA also clarifies that for zoning purposes the existing single dwelling to be retained on the Subject Property at 750 Christie Lake Lane 32D is to be considered a second dwelling.
11The Tribunal also put its mind towards the complaints against this application from Participant Penny Nault who lives at 767 Christie Lake Lane 32D. Ms. Nault believes that the proposed development will be too large and will affect her families privacy, use and enjoyment of their home. Mr. Poulton addressed these concerns in his evidence. Mr. Poulton states that the Ms. Nault’s residence and the proposed development will be 18.9 m apart which will be separated by mature trees and a driveway. Mr. Poulton also refenced a Shadow Study that had been conducted which found, “Overall, the new replacement dwelling proposed for 761 Christie Lake Lane 32D is not expected to increase the shadowing or impact the use and enjoyment of the shoreline and outdoor amenity areas on the west side of 767 Christie Lake Lane 32D.”
12The Tribunal notes that it does not have any evidence before it to support the arguments of Ms. Nault as this is an uncontested hearing. Based upon the evidence of Mr. Poulton the Tribuna believes that Ms. Nault’s concerns regarding the proposed development have been addressed.
13On the uncontroverted evidence of Mr. Poulton, the Tribunal finds that the requested ZBA have due regard for matters of Provincial interest in s. 2 of the Planning Act, are consistent with the PPS, conform with the County OP and Township OP and constitutes good land use planning and is in the public interest.
ORDER
14THE TRIBUNAL ORDERS the appeal is allowed and directs the municipality to amend By-law No. 02-121 as set out in Attachment 1 to the Order. The Tribunal authorizes the municipal clerk of Township of Tay Valley to assign a number to this by-law for record keeping purposes.
“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.
ATTACHMENT "1"
ZONING BY-LAW AMENDMENT
THAT By-law 02-121 as amended, is further amended by amending the zoning from Seasonal Residential [RS] and Rural [RU] to Residential Limited Services Exception [RLS-x] on a portion of the lands legally described as FIRSTLY, PART N PART LOT 20 CONCESSION 3 SOUTH SHERBROOKE; PART LOT 21 CONCESSION 3 SOUTH SHERBROOKE PART 1 & 2 27R4159; T/W RS183803; BATH-BURG-SHERB EXCEPT FORFEITED MINING RIGHTS, IF ANY; SECONDLY, PART N PART LOT 20 CONCESSION 3 SOUTH SHERBROOKE; PART LOT 21 CONCESSION 3 SOUTH SHERBROOKE; PART W PART LOT 22 CONCESSION 3 SOUTH SHERBROOKE AS IN RS209646 EXCEPT PART 1 27R12030 & PARTS 7,8,10 27R12104; SUBJECT TO AN EASEMENT AS IN RS209646; SUBJECT TO AN EASEMENT OVER PART 1 27R4203 IN FAVOUR OF PART LOT 21 CONCESSION 3 SOUTH SHERBROOKE AS IN RS82228(PCL1) AS IN LC117049; SUBJECT TO AN EASEMENT OVER PART 2 27R12030, PART 1 27R4623, PART 1 27R4624, PART 1 27R4203 IN FAVOUR OF PART NORTH PART LOT 20 CONCESSION 3, PART LOT 21 CONCESSION 3 SOUTH, PART 1 27R174, SOUTH SHERBROOKE AS IN LC247586; SUBJECT TO AN EASEMENT OVER PARTS 2, 6, 9, 11, 12, 13 & 14 ON PLAN 27R12104 AND PART 2 ON PLAN 27R12030 IN FAVOUR OF LONG ISLAND SOUTH SHERBROOKE AS IN LC264551; TAY VALLEY TOWNSHIP, identified as PIN 05215-0405 (LT) (the “Property”), specifically the portion of the Property identified as “Lands to be Re-zoned” set out in Schedule “1” attached hereto and forming part of this By-law.
THAT By-law 02-121 as amended, is further amended by adding the following new subsection at the end of Section 5.3.4 (Special Exception Zones):
RLS-x (Part Lots 20-22, Concession 3, South Sherbrooke)
Notwithstanding the provisions of Sections 5.3.2, 3.19.1 and 3.19.3, on the lands zoned RLS-x the following provisions shall prevail:
West Side Yard Setback 3.8 m
Height 10.95 m
Separation between dwellings >12 m
Floor area second dwelling (maximum) 205 m²
One septic system, well and driveway for each dwelling
SCHEDULE "1"