Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 19, 2025
CASE NO(S).: OLT-24-000172
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Christopher and Ashliegh Smith
Subject: Minor Variance
Description: MV to facilitate increase in lot coverage
Reference Number: A23-117/M
Property Address: 104 Robert Street
Municipality/UT: Milton/Halton
OLT Case No.: OLT-24-000172
OLT Case Name: Smith v. Milton (Town)
Heard: February 18, 2025 by video hearing
APPEARANCES:
Parties
Counsel
Christopher and Ashliegh Smith (“Applicants”)
Jessica De Marinis
Town of Milton (“Town”)
Konstantine Stavrakos
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON February 18, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicants seek to build a new two-storey residential dwelling on a site municipally known as 104 Robert Street, in the Town, which will follow the demolition of the existing dwelling. To this end, they applied for a minor variance to permit a maximum lot coverage greater than what is permitted under the Town’s Zoning By-law No. 016-2014. The appeal is brought pursuant to section 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended, as the minor variance application failed to get approval from a majority of the members of the Town’s Committee of Adjustment.
2On February 18, 2025, the Tribunal held a Case Management Conference (“CMC”) to organize the appeal, address status requests, and establish next steps in this proceeding.
NOTICE
3There were no issues raised with service of Notice of the CMC, and as such, no further notice is required. Notice of the CMC was sent administratively on January 21, 2025.
STATUS REQUEST
4The Tribunal was in receipt of no requests for Party or Participant status.
OPPORTUNITIES FOR SETTLEMENT
5Counsel for the Parties advised that they have reached a settlement.
6The Tribunal has already set the matter to be considered by a written settlement hearing.
NEXT STEPS
7The next steps in this proceeding will be the consideration of the written settlement hearing, which has already been set administratively by the Tribunal.
8No further Order is required.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.