Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2025
CASE NO(S).: OLT-24-000475
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: William & Stephanie Butler
Subject: Application to amend the Zoning By-law – Neglect to make a decision
Description: To replace and redevelop existing waterfront dwelling and garage
Reference Number: ZA-39-22
Property Address: 78 Fire Route 50A
Municipality/UT: North Kawartha/Peterborough Co
OLT Case No.: OLT-24-000475
OLT Case Name: William & Stephanie Butler v. Township of North Kawartha
Heard: May 01, 2025, by Video Hearing
APPEARANCES:
Parties Counsel
William & Stephanie Butler (“Appellant”) Jenna Khoury-Hanna Kathleen Kinch (in absentia)
Township of North Kawartha (“Township”) John Ewart
MEMORANDUM OF ORAL DECISION DELIVERED BY L.P. YOU ON MAY 01, 2025 AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1This appeal arises under s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), by the Appellant, with respect to the Township’s failure to make a decision on the Zoning By-Law Amendment Application (“Application”) to permit the replacement and redevelopment of the existing waterfront dwelling and garage on the lands municipally known as 78 Fire Route 50A (“Subject Lands”).
2This hearing was originally scheduled as a Case Management Conference (“CMC”) while the Parties were conducting mediation with the assistance of the Tribunal. The Parties advised the Tribunal in writing that they had reached a settlement. Therefore, this CMC is converted to a Hearing to address the matters related to CMC and discuss the planning instruments in the Settlement.
CONTEXT
3The Subject Lands have an area of 0.28 hectares (“ha”), whereas the Township Zoning By-law No. 26-2013 (“Township ZBL”) requires a minimum area of 0.5 ha. The Subject Lands have direct access from Fire Route 50A.
4The pre-July 2022 version of the County of Peterborough Official Plan (“County OP”) remains in effect as the Province rejected the proposed July 2022 updated County OP. The pre-July 2022 version of the County OP contains similar land use designations as the July 2022 version, which designates the Subject Lands as “Waterfront Residential”.
5The Township ZBL zones the Subject Lands as “SR-P-Shoreline Residential”. The “P” suffix permits the conversion of a seasonal dwelling to permanent dwelling use.
6The Appellants originally proposed the regulatory provisions in the Application summarized below:
a. Notwithstanding the provisions of Section 3.18 (a) and (c) and 6.2 (k) of the By-Law, a dwelling may have a water setback of 15 meters and a deck of said dwelling may have a water-yard setback of 14.5 meters; and
b. Notwithstanding the provisions of Section 6.2 (m), a dwelling having a height of 8.24 meters shall be permitted.
7The proposed regulation provisions in the Settlement Proposal are summarized as follows:
Notwithstanding the provisions of Section 6.1 and 6.2 of By-law 26-2013, for the lands zoned SR-338 the following exceptions shall apply:
a) A recreation dwelling house shall comply with the water setbacks identified on the Schedule “B” attached hereto and forming part of this by-law, and generally described as:
i. Most Southern Waterfront – 19.6 metres;
b) An open deck structure of a recreation dwelling house shall comply with the water setbacks identified on the Schedule “B” attached hereto and forming part of this by-law, and generally described as:
i. Most Southern Waterfront – 14.25 metres;
ii. Central Waterfront – 19.3 metres; and,
iii. Most Northern Waterfront – 20.7 metres.
c) A recreational dwelling house shall have a maximum building height of 8.24 metres.
EXHIBITS
8The Tribunal confirms that it has received, reviewed, and considered the following materials:
Affidavit of Justin Myles Savoy (marked as Exhibit 1);
Signed Minutes of Settlement (marked as Exhibit 2);
Expert Witness Statement of Kevin Duguay (marked as Exhibit 3); and
Visual evidence (marked as Exhibit 4).
REQUESTS FOR STATUS
9The Tribunal received no written or oral requests prior to and at the Hearing for status.
NOTICE OF HEARING
10There is no issue with the service of the Notice of this Hearing.
ANALYSIS AND FINDINGS
11The Tribunal recognized Mr. Kevin M. Duguay, a registered Professional Planner and a full member of the Ontario Professional Planners with an extensive knowledge of and experience in the land use planning field, as being qualified to assist the Tribunal with expert opinion evidence in the area of land use planning for the matter before the Tribunal.
12Mr. Duguay provided an overview of the Provincial Policy Statement, 2020 (“PPS 2020”) and A Place to Grow: Growth Plan for the Greater Golden Horseshoe (2020) (“Growth Plan”), which were in effect at the time of the filing of the Application and the mediation with the assistance of the Tribunal. Mr. Duguay specifically referenced Part III, Policies 1.0, 1.1.1, 1.1.3 through 1.1.5, 1.6, 1.6.6.4, and 2.1 of the PPS 2020, Policies 1.2.1, 1.2.2, 2.2, 2.2.9, and 2.2.9.1 of the Growth Plan. Through the review of the PPS 2020 and Growth Plan, Mr. Duguay held the opinion that the proposal supported building healthy, liveable, and safe communities by promoting efficient land use within rural areas and with existing rural infrastructure. Further, Mr. Duguay confirmed that the Provincial Planning Statement, 2024 (“PPS 2024”) was also considered and evaluated for the matter before the Tribunal. Particularly, Mr. Duguay referenced Policies 2.5 and 2.6 of the PPS 2024 and stated that the Settlement Proposal would be redeveloped based on the rural area character, would be similar to the waterfront residential properties in the neighbourhood, and support healthy, integrated, and viable rural areas. Mr. Duguay finally concluded that the Application was consistent with the PPS 2024.
13Mr. Duguay expressed his opinion that the Settlement Proposal would continue the current use of the Subject Lands as Seasonal Residential and that the redevelopment of the Subject Lands was appropriate and achieved the goal to protect and improve the waterfront areas as identified in the pre-July 2022 version of the County OP. Mr. Duguay confirmed that the concept plan in the Settlement Proposal would not adversely impact the surrounding area, including the natural environment, as required by Township OP policies.
14Mr. Duguay held the opinion that the proposed development on the Subject Lands satisfied all regulatory provisions of the Township ZBL, with the exception of the required minimum water-yard setback from Jack Lake and the height of the replacement dwelling. Mr. Duguay stated that the proposed new dwelling and its open deck feature would have a greater distance from the Jack Lake shoreline than the existing dwelling and its deck feature.
15Mr. Duguay indicated that the proposed development would have water supply from Jack Lake and a new septic facility (tank and septic area) on the Concept Plan of the Settlement Proposal, which met the water-yard setback regulation of the Township ZBL.
16The Tribunal understands that the Settlement Proposal before the Tribunal was reached through the cooperative efforts of the Parties.
17The Tribunal accepts the uncontested opinion evidence of Mr. Duguay as presented in his witness statement and oral testimony, and similarly finds that the Settlement Proposal:
Is consistent with the PPS 2024;
Conforms to the County OP, which includes the Lower Tier component;
Maintains the general intent of the regulatory provisions of the Township ZBL;
Reflects principles of good land use planning; and
Represents public interest.
ORDER
18THE TRIBUNAL ORDERS THAT the Appeal is allowed, in part, and the Tribunal directs the Township of North Kawartha to amend Zoning By-law No. 26-2013 as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the Township of North Kawartha to assign a number to this Zoning By-law for record-keeping purposes.
“L.P. You”
L.P. YOU
MEMBER
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