Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 14, 2025
CASE NO(S).: OLT-24-000068
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Tyler Becker
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the development of a 5-unit cluster townhouse
Reference Number: Z-2023-059
Property Address: 88 5th Avenue SW
Municipality/UT: Arran-Elderslie/Bruce
OLT Case No: OLT-24-000068
OLT Lead Case No: OLT-24-000068
OLT Case Name: Becker vs Arran-Elderslie (Municipality)
Heard: Written Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Tyler Becker | Colin Léger |
| Municipality of Arran-Elderslie | Kevin Thompson |
DECISION DELIVERED BY STEVEN COOKE AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a written hearing pertaining to the settlement between the Municipality of Arran-Elderslie (“Municipality”) and Tyler Becker (“Applicant”). The appeals before the Tribunal to consider are an application to amend a Zoning By-law (“ZBA”) pursuant to s. 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
2The Tribunal received an affidavit from Genevieve Scott, who is an expert in land-use planning. No other expert evidence was submitted by the parties involved. In her affidavit, Ms. Scott explains how the proposed settlement modifies setbacks and establishes conditions that would permit the development of 11 dwellings at the property municipally described as 88 5th Avenue SW in the Municipality (“the subject site”).
3The Tribunal has considered and accepted the expert opinion evidence in the Applicant’s witness affidavit, which has also been endorsed by the Municipality in support of this settlement.
4The Tribunal is persuaded by the written evidence that the proposal encourages efficient land development, increases activity within the settlement area, and enhances the range of housing options available. This is especially important as it provides more housing options for seniors, which is a priority for the Municipality.
5The Tribunal finds that the proposed settlement aligns with the policy direction set by the Provincial Policy Statement and conforms to the relevant directives established by the Official Plan. Furthermore, the Tribunal is satisfied that the proposed settlement adequately considers matters of provincial interest, adheres to the principles of effective land-use planning, and serves the greater public interest. More importantly, this proposal supports the goals and objectives of the provincial planning framework aimed at increasing housing opportunities.
ORDER
6THE TRIBUNAL ORDERS THAT the appeal is allowed and By-law No. 36-09 is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the Municipality of Arran-Elderslie to assign a number to this By-law for record-keeping purposes.
7The Tribunal may be spoken to should any issues arise from this order.
“Steven Cooke”
Steven cooke
vice-chair
Ontario Land Tribunal Website: 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