Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 26, 2025
CASE NO(S).: OLT-25-000177
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Jeff Moulton and Daena Moulton
Subject: Minor Variance
Description: To relocate the previously approved accessory building with an accessory apartment dwelling unit
Reference Number: 2024-A-56
Property Address: 360 Ingram Road L0K 1E0
Municipality/UT: Oro-Medonte/Simcoe
OLT Case No: OLT-25-000177
OLT Lead Case No: OLT-25-000177
OLT Case Name: Moulton v. Oro-Medonte (Township)
Heard: May 7, 2025 by video hearing
APPEARANCES:
Parties Jeff Moulton and Daena Moulton Township of Oro-Medonte
Counsel Carly Emmett Edward Veldbloom
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON MAY 8, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This was a first event before the Tribunal which was scheduled to commence as a Hearing relating to an Appeal pursuant to s. 45(12) of the Planning Act (“Act”) from a decision by the Development Services Committee (“DSC”) in the Township of Oro-Medonte (“Township”) refusing to permit a Minor Variance Application (“MVA”) seeking to relocate a previously approved detached accessory building with an accessory residential dwelling unit (“ARU”). The Appeal was filed by Jeff Moulton and Daena Moulton (“Applicants”/“Appellants”) regarding the property municipally known as 360 Ingram Road L0K 1E0 in the Township (“Subject Lands”).
2The Subject Lands are approximately 17.6 Hectares (“ha”) in size and contain a single-family dwelling, with a number of other accessory structures and natural tree cover.
3On consent of the Parties just prior to the Hearing, the Tribunal was asked to consider the matter as a Settlement Proposal (“Settlement”), which had received approval from Township Council by Resolution, in the late evening of May 7, 2025. The Tribunal proceeded with the matter as a Settlement.
4There were no other written requests for Party or Participant status. As a preliminary matter, the Tribunal confirmed that the DSC was established in 2022, and is constituted by all members of Township Council, which hears all matters relating to MVAs and Consent applications in the Township.
EXHIBITS
5The following Exhibits were marked for the purposes of the Hearing:
- Applicant Document Book
- Applicant Witness Compendium including;
- TAB 1-Witness Statement, Curriculum Vitae, and Acknowledgement of Expert’s Duty of Amanda Newlove (May 1, 2025); and,
- TAB 2- Witness Statement, Curriculum Vitae, and Acknowledgement of Expert’s Duty of Cassandra Fligg; and Environmental Impact Studies dated December 20, 2024 (“2024 EIS”) and April 28, 2025 (“2025 EIS”).
- Minutes of Settlement (received May 8, 2025)
- Municipal Record
THE VARIANCES
6Important to note, was that the Variances requested remained the same throughout the timeline that follows in consideration of the matter.
7The Variances requested consist of the following:
Zoning By-law 97-95, as amended
Variance request:
1 Section 5.1.1 – provides that detached accessory buildings are not to be used for human habitation Permit a detached accessory building to be used for human habitation
2 Section 5.1.4 – provides that the maximum height for detached accessory buildings is 4.5 metres (14.7 feet) Permit a maximum height of 8.4 metres (27.6 feet)
3 Section 5.1.6 – provides that the maximum floor area for a detached accessory building is 100 square metres (1076.39 square feet) Permit a total floor area of 258.6 square metres (2,784 square feet)
4 Section 5.4 – provides that apartment dwelling units are permitted in a single detached dwelling Permit a detached accessory building to contain an apartment dwelling unit