Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 17, 2025
CASE NO(S).: OLT-23-001281
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: James, William, and Andrew Metheral
Subject: Application to amend the Zoning By-law – Appeal of passing of Zoning By-law
Description: To permit a single-detached dwelling
Reference Number: By-law No. 23-96
Property Address: 9783 6/7 Sideroad, formerly Nottawasaga being Concession 12, N Part Lot 6
Municipality/UT: Township of Clearview
OLT Case No.: OLT-23-001281
OLT Case Name: Metheral & Naylor/Treurnicht v. Clearview (Township)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: James, William, and Andrew Metheral & David Naylor and Ilse Treurnicht
Subject: Application to amend the Zoning By-law – Appeal of passing of Zoning By-law
Description: To permit an On-farm Diversified Use
Reference Number: By-law No. 23-97
Property Address: 9783 6/7 Sideroad, formerly Nottawasaga being Concession 12, N Part Lot 6
Municipality/UT: Township of Clearview
OLT Case No.: OLT-23-001282
OLT Lead Case No.: OLT-23-001281
OLT Case Name: Metheral & Naylor/Treurnicht v. Clearview (Township)
Heard: November 19, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| Brent Preston and Gillian Flies (Applicant) | Colin Leger |
| James, William and Andrew Metheral | Janet Bigham* |
| David Naylor and Ilse Treurnicht | Self-Represented* |
| Township of Clearview | Harold Elston |
DECISION DELIVERED BY J. INNIS AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1On October 30, 2023, the Township of Clearview (“Township”) Council approved two zoning by-law amendment (“ZBA”) applications submitted by Brent Preston and Gillian Flies (“Applicant”) for the lands known municipally as 9783 6&7 Sideroad, formerly Nottawasaga being Concession 12, N Part Lot 6 (“Subject Property”). The purpose of Zoning By-law Amendment 23-96 (“ZBA-96”) (Case File No. OLT-23-001281) is to allow a change to the maximum required setback for a proposed new single detached dwelling on the Subject Property. The purpose of Zoning By-law Amendment No. 23-97 (“ZBA-97”) (Case File No. OLT-23-001282) is to permit an Agricultural Research and Training Centre (“ARTC