Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: MAY 06 2025
CASE NO.: OLT-24-001027 OLT-24-001026
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: City of Hamilton
Applicant: Phil & Marlena Elgersma
Subject: Consent
Description: To permit the conveyance of a surplus farm dwelling lot containing an existing dwelling for residential purposes and to retain a parcel of land for agricultural purposes.
Reference Number: B-24:42
Property Address: 1248 Concession Road 6 West
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-24-001027
OLT Case Name: City of Hamilton v. City of Hamilton (town)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: City of Hamilton
Applicant: Phil & Marlena Elgersma
Subject: Minor Variance
Description: To permit the conveyance of a surplus farm dwelling lot containing an existing dwelling for residential purposes and to retain a parcel of land for agricultural purposes.
Reference Number: A-24:171
Property Address: 1248 Concession Road 6 West
Municipality/UT: Hamilton/Hamilton
OLT Case No.: OLT-24-001026
OLT Lead Case No.: OLT-24-001027
OLT Case Name: City of Hamilton v. City of Hamilton (town)
BEFORE:
CARRIE HARDY VICE-CHAIR
Tuesday, the 6th day of May, 2025
THIS MATTER having come before the Tribunal on October 11th, 2024;
THE TRIBUNAL having been advised by the applicant’s agent, Ruchika Angrish, on May 2nd, 2025, that they will not appear in support of the application, and they do not intend to present any evidence, either written or oral, to the Tribunal;
AND WHEREAS the Tribunal, having been advised that it will receive no evidence from the applicants upon which the Tribunal may make a determination;
THE TRIBUNAL ORDERS that the appeal is allowed and:
the Minor Variance to City of Hamilton By-law No. 05-200 is not authorized, and
the Consent is not to be given.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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.