Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 4, 2025
CASE NO(S).: OLT-25-000422
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant (Jointly): Rosalia Hernandez Martine and Georges Abou Arraj
Subject: Minor Variance
Description: To permit the conversion of an existing detached garage into a detached Additional Dwelling Unit (ADU).
Reference Number: A-03-25
Property Address: 47 Chestnut Street
Municipality/UT: Leamington/Essex
OLT Case No.: OLT-25-000422
OLT Lead Case No.: OLT-25-000422
OLT Case Name: Georges and Martine v. Leamington (Municipality)
Heard: August 18, 2025, by video hearing
APPEARANCES:
Parties Counsel*/Representative
Rosalia Hernandez Martinez and Georges Abou Arraj Self-Represented
The Corporation of the Municipality of Leamington C. Kim*
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON AUGUST 18, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The matter before the Tribunal is the Appeal filed by Rosalia Hernandez Martinez and Georges Abou Arraj (“Appellants”) against the decision of the Corporation of the Municipality of Leamington (“Municipality”) Committee of Adjustment to deny a Minor Variance (“MV”) Application, pursuant to ss. 45(12) of the Planning Act (“Act”), for the property located at 47 Chestnut Street (“subject property” / “site”).
2The Appellants are seeking to permit the conversion of an existing detached garage into a detached Additional Dwelling Unit (“ADU”).
3The subject property is located within the Primary Settlement Area of the Municipality on Schedule “A-2” – Settlement Structure Plan of the County of Essex Official Plan (2014) and the provisionally approved County of Essex Official Plan (2024).
4The site is legally described as Lot 85 on Registered Plan 474, is designated “Residential” on Schedule “A-6B” of the Leamington Official Plan (“LOP”) and is located within an Existing Service Area on Schedule “C” of the LOP.
5The subject property has a lot width of 15 metres (“m”), a lot depth of 40 m, a lot area of 609 square metres (“m2”) and is located on the west side of Chestnut Street, north of the intersection of Chestnut Street and Oak Street West. It is bound by a municipally owned alley to the west; Chestnut Street to the east; and residential lands to the north and south.
6The site is serviced by existing private drain connections (“PDC”) to separated municipal storm and sanitary sewers in the Chestnut Street Right of Way and is zoned Residential Zone (R2) on Map 39 of Zoning By-law No. 890-09 (“ZBL”).
7The subject property is currently occupied by a single detached dwelling, an accessory building (detached garage) and with a 2.74 m wide driveway that accommodates two (2) existing on-site parking spaces.
8The site is not located within an area regulated by the Essex Region Conservation Authority, is not a heritage parcel, and does not contain nor is adjacent to any Natural or Environmental Features.
9The municipal staff report was in support of the Application.
10In advance of the Hearing, the Parties informed the Tribunal that they have resolved their issues.
11There were no Status Requests for this matter.
DEVELOPMENT PROPOSAL
12The Appellants are proposing to convert the existing detached garage to an ADU and are seeking relief:
To reduce the required minimum interior side yard setback to 0.2 m, whereas 1.5 m is required;
To reduce the required minimum rear yard setback to 0.4 m, whereas 3.0 m is required; and
To increase the maximum permitted distance from the rear wall of the ADU to the centreline of the street to 46.9 m, whereas 45.0 m is required.
LEGISLATIVE FRAMEWORK
13An Appeal pursuant to s. 45 of the Act is a Hearing de novo, and the Appellant bears the onus to demonstrate to the Tribunal that the criteria established in ss. 45(1) of the Act has been satisfied:
a) The intent and purpose of the Official Plan is being maintained;
b) The intent and purpose of the ZBL is being maintained;
c) Is desirable for the appropriate development or use of the land, building or structure; and
d) Is minor in nature.
HEARING
14Jaqueline Renaud, a Land Use Planner with the Municipality, appeared before the Tribunal and was qualified by the Tribunal to provide expert opinion evidence in the area of Land Use Planning.
15In Ms. Renaud’s professional opinion, the proposed development is in line with the framework that the province supplied as part of the Bill 23 process: to provide the opportunity to increase the housing supply through residential intensification, and that it conforms to the LOP. It satisfies the four tests of ss. 45(1) of the Act and represents good land use planning, as outlined in detail on pages 8 – 13 of her witness statement (Exhibit 1).
16Ms. Renaud recommended that the proposed Application be approved.
ANALYSIS AND FINDINGS
17When making this decision, the Tribunal has considered the municipal staff report and the professional evidence of Ms. Renaud.
18The Tribunal finds that the variances satisfy the four tests of s. 45(1) of the Act and have regard to the matters of the provincial interests set out in s. 2. The proposed development is consistent with the Provincial Planning Statement 2024 and is representative of good planning.
ORDER
19THE TRIBUNAL ORDERS that the Appeal is allowed and the variances to Zoning By-law No. 890-09 are authorized.
“P. Tomilin”
p. tomilin
MEMBER
Ontario Land Tribunal
Website: www.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.