ISSUE DATE:
September 12, 2025
CASE NO(S).:
OLT-25-000143
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Kayla Thompson
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit the development of a dwelling, boathouse and dock
Reference Number:
Z24-13
Property Address:
182 Wild Rice Trail
Municipality/UT:
Georgian Bay
OLT Case No.:
OLT-25-000143
OLT Case Name:
Thompson v. Georgian Bay (Township)
Heard:
June 30, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Kayla Thompson
R. Cheeseman / S. Fleming
Township of Georgian Bay
A. Ciccone
MEMORANDUM OF ORAL DECISION DELIVERED BY c. TUCCI ON JUNE 30, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
1The matter before the Tribunal was in respect to an Appeal filed pursuant to s. 34(11) of the Planning Act (“Act”) by Kayla Thompson(“Appellant”) against the Township of Georgian Bay (“Township”) for its refusal of a Zoning By-law Amendment Application. (“Application”).
2A Zoning By-law Amendment application was submitted for site-specific exceptions to the Township of Georgian Bay Zoning By-law 2014-75 to amend the maximum permitted lot coverage within 60 metres(“m”) of the regulated water mark; the maximum dwelling width and gross floor area; and the maximum dock/boathouse projection into the lake.
3The Tribunal heard that the Parties confirmed that a settlement had been reached and was presented for the consideration of the Tribunal.
EVIDENCE AND SUMMARY OPINION
4The Tribunal was presented with the witness statement of Mr. Savas Varadas, a land use planner and Principal at Plan Muskoka, a land use planning consulting firm that provides services in urban planning in support of the Settlement.
5Mr. Varadas was affirmed and qualified to provide expert evidence in relation to land use planning.
6Mr. Varadas testified that to implement the Settlement Proposal, an amendment to the Township’s Comprehensive Zoning Bylaw, being Bylaw 2014-75, is required.
7The amendment seeks to rezone the site from Six Mile Lake Residential - Exception One (SR6-1), to a Six Mile Lake Residential Exception Holding Zone (SR6-xx(H)).
8Mr. Varadas testified that the intent and impact of the original Zoning By-law Amendment application was to change the zoning of the property from its current designation—Six Mile Lake Residential - Exception One (SR6-1)—to a Six Mile Lake Residential Exception Holding Zone (SR6-xx(H)). This amendment would allow for specific development standards, including:
A front yard setback of 30 m
Lot coverage of 12.2% within 60 m of the regulated shoreline
A dwelling with a gross floor area of 520 square metres (“sqm”)
A dwelling width of 28.3 m
A boathouse and dock extending 15 m into the water
9Before the Holding Zone can be lifted, a site plan agreement must be registered on title, incorporating the recommendations from the Fish Habitat Assessment.
10Mr. Varadas further testified that the application was subsequently updated to propose a Six Mile Lake Residential Exception Holding Zone (SR6-xx(H)), allowing for the following site-specific provisions:
A front yard setback of 30 m
Lot coverage of 9.94% within 60 m of the regulated shoreline
A dwelling with a gross floor area initially identified as 392 sq m, later confirmed to be 437 sq m including attic space
A dwelling width of 27.3 m
A boathouse and dock extending 14 m into the water
11Prior to lifting the Holding Zone, a site plan agreement must be registered on title, incorporating the recommendations from the Fish Habitat Assessment.
12Mr. Varadas confirmed that the parties have reached a settlement acknowledging, that the attic space was unintentionally excluded from the Gross Floor Area (GFA) calculation in the revised submission reviewed by Council. As a result, the dwelling design has been modified to reduce the total GFA to 410 sq m, with a dwelling width of 27.1 m and a boathouse and dock projecting 14 m into the water.
13Revised Settlement Summary;
Original Proposal
Revised Proposal
Settlement
Front Yard Setback
30m
30m
30m
G.F.A
520 sqm
473 sqm
410 sqm
Dwelling width
28.3 m
27.3 m
27.1 m
Boathouse and dock projection
15m
14m
14m
14Mr. Varadas opined that the Settlement Proposal;
Has regard for matters of provincial interest under s.2 of the Act,
is consistent, and does not conflict, with the PPS 2024, particularly Section 4.1.8 which provides that;
o development and site alteration shall not be permitted on adjacent lands to the natural heritage features and areas identified in policies 4.1.4, 4.1.5, and 4.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions.
conforms to the Muskoka Official Plan 2019,
conforms, subject to approval of the ZBLA, to the Township of Georgian Bay Official Plan 2014,
The proposal represents good planning.
FINDINGS
15On the strength of the uncontradicted expert opinion evidence of Mr. Varadas and upon a review of the applicable provisions of the Act, the PPS, the Muskoka Official Plan and the Township’s Official Plan, the Tribunal is satisfied that the proposed ZBLA represents an efficient use of land, resources, and infrastructure.
16The Tribunal finds that the updated proposed changes guarantee the site's redevelopment remains suitable within its context and aligns with the Township's diverse growth and housing objectives.
17The Tribunal recognizes that the Settlement will result in a built form that aligns with the character of the surrounding community, introducing a low-profile structure that complements the existing residential environment.
18The Tribunal is satisfied that crucial Type 1 fish habitats as indicated in the Fish Habitat Assessment, are avoided and protected.
19The Tribunal considers the Settlement reached by the Parties to be fair and reasonable and finds that the resulting Zoning By-law Amendment reflects sound planning that serves the public interest. The Tribunal commends the Parties for their collaborative efforts and constructive dialogue in achieving a resolution in these proceedings.
ORDER
20THE TRIBUNAL ORDERS THAT the appeal is allowed in part and directs the Township of Georgian Bay to amend By-law 2014-75 as set out in Attachment 1 to this Order.
21Should the parties be unable to agree on the final form and content of the Zoning By-law necessary to implement the Tribunal’s Order, the Tribunal may be spoken to.
“C. Tucci”
C. TUCCI
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.
ATTACHMENT 1