Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 17th 2025
CASE NO(S).:
OLT-24-001247
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Ramsey and Tania Shaheen
Subject:
Minor Variance
Description:
To permit the development of a single-detached dwelling featuring a garage and a rear yard cabana structure.
Reference Number:
CAV A/139/2024
Property Address:
208 Donessle Drive
Municipality/UT:
Town of Oakville
OLT Case No.:
OLT-24-001247
OLT Lead Case No.:
OLT-24-001247
OLT Case Name:
Shaheen v. Oakville (Town)
Heard:
April 2, 2025 by Video-Hearing
“Yasna Faghani”
Wednesday, the 12th
MEMBER
day of March, 2025
THESE MATTERS, in respect of the lands at 208 Donessle Drive in the Town of Oakville (“Subject Property”), having come for a public hearing on April 2, 2025 before the Ontario Land Tribunal (the “Tribunal”) to consider a proposed, uncontested settlement,
AND THE TRIBUNAL having received, reviewed, and considered the following central materials and submissions:
i. The Tribunal Notice of Hearing dated January 30, 2025 (marked as Exhibit 1);
ii. The uncontested opinion evidence of Ms. Stephanie Matveeva, Registered Professional Planner, as tendered orally as well as contained in her comprehensive affidavit sworn March 23, 2025 (marked as Exhibit 2 with all exhibits attached thereto);
iii. Minutes of Settlement between the Corporation of the Town of Oakville (“Town”) and Ramsay and Tania Shaheen (“Applicants”) dated March 27, 2025 (marked as Exhibit 3 with all exhibits attached thereto);
iv. letters of neighbours in support of the Application;
v. Draft Order;
vi. and oral submissions of counsel for the Parties;
AND THE TRIBUNAL having not received any Party or Participant Status Requests nor have anyone seeking Status appear at the hearing;
AND THE TRIBUNAL having understood that the affidavit evidence of Ms. Matveeva reflects amendments to the Minor Variance application before the Tribunal that were reached through the cooperative efforts of the Parties which contain conditions that Ms. Matveeva reviewed and agreed to;
AND THE TRIBUNAL finding that the amendment to the original Application to be minor in nature and therefore no further notice shall be given to the persons and public bodies who received notice of the original application pursuant to s. 45 (18.1.1) of the Planning Act (“Act”);
AND THE TRIBUNAL having accepted the uncontroverted opinion evidence of Ms. Matveeva, as presented, and found that the minor variances, individually and collectively, have satisfied the four tests outlined in s. 45 of the Act, and that the proposal has proper regard for matters of Provincial interest under s. 2 of the Act and is consistent with the Provincial Policy Statement, 2024;
THE TRIBUNAL ORDERS THAT:
- The appeal is allowed in part, and the minor variance to the Corporation of the Town of Oakville Zoning By-law No. 2014-014 as amended; and authorized subject to the following conditions:
a. That the approval expire two (2) years from the date of the Tribunal decision if a building permit has not been issued for the proposed construction;
b. That the proposed replacement detached dwelling including an integrated garage but not a rear yard cabana structure be constructed in general accordance with the Revised Site Plan and Drawings in Schedule “A” of the Order; and
c. That the Applicant enter into a minor variance agreement to ensure that the existing cedar hedges along the northerly interior lot line and identified on the Revised Site Plan be protected and retained during and after construction of the proposed dwelling and that if the cedar hedges die over time that the Applicant provide a replacement hedge which has the same or similar screening effect, to the satisfaction of the Director of Planning Services and Development of the Town of Oakville acting reasonably. The Town may register the minor variance agreement on title to the Subject Property and enforce the agreement against the Applicant and, subject to the Registry Act and the Land Titles Act, against any and all subsequent owners of the land.
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.
Schedule A