Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 21, 2026
CASE NO(S).: OLT-24-000988
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Evan and Carley Brazel
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To recognize the existing structures and to reduce the minimum setback for an enhanced filter bed or a tertiary treatment system.
Reference Number: AH-ZBA-004/24
Property Address: 30750 Tyrell Island – Kawagama Lake W.A.O.
Municipality/UT: Algonquin Highlands/Haliburton
OLT Case No: OLT-24-000988
OLT Case Name: Brazel v. Algonquin Highlands (Township)
Heard: November 18, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Evan and Carley Brazel | Steve Watt |
| Township of Algonquin Highlands | John Ewart |
DECISION DELIVERED BY YASNA FAGHANI AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This appeal arises following the refusal decision of the Township of Algonquin Highlands (“Township”) with respect to a Zoning By-law Amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act to recognize existing structures and to reduce the minimum setback for an enhanced filter bed or tertiary treatment on a site located at 30750 Tyrell Island – Kawagama Lake W.A.O (“Subject Property”).
2On November 18, 2025, the Tribunal held its first hearing event in the appeal, which was intended to be a Case Management Conference (“CMC”). In advance of the CMC, the Parties advised the Tribunal that they had reached a settlement and filed settlement materials including Minutes of Settlement. The Parties also advised that it was their intent to present a settlement proposal to the Tribunal at the CMC.
PROCEDURAL MATTERS AND STATUS REQUESTS
3The Tribunal confirmed with the Parties that there were no issues with service of Notice of the CMC. The Tribunal was in receipt of the Affidavit of Service of Anna Stephan dated August 25, 2025, which was marked as Exhibit 1.
4Prior to the CMC, the Tribunal did not receive any requests for Party or Participant status. In response to the Tribunal’s inquiry, no other persons nor entities requesting Party or Participant status were present at the CMC.
5Having addressed all the preliminary matters, the Tribunal decided to convert the CMC into a Hearing of the merits to consider the Settlement.
DECISION
6The Tribunal received, reviewed and considered the uncontested opinion evidence of Wayne Simpson, Registered Professional Planner, as tendered orally, as well as contained in the comprehensive affidavit sworn August 29, 2025 (marked as Exhibit 2 with all exhibits attached thereto).
7The Tribunal understands that the affidavit evidence of Wayne Simpson reflects cooperative efforts of the Parties to resolve the matter. As explained by Wayne Simpson, after discussions with the Township, the proposed amendments to the Zoning By-law include a building envelope for a new cottage (to be illustrated on a map included in the draft by-law) rather than the focus of the amendments being on the legal conformity of the existing structure. In addition, according to Mr. Simpson, the proposed ZBA will specify the area of the sewage disposal system, which is a private individual sewage system proposed by professional engineers.
8The Tribunal, having accepted the uncontroverted opinion evidence of Wayne Simpson as presented, finds that the Application: has regard to those applicable matters of Provincial interest found in Section 2 of the Planning Act; is consistent with the Provincial Planning Statement, 2024; conforms to the County of Haliburton Official Plan and the Township of Algonquin Highlands Official Plan; and that the subject Application otherwise reflects principles of good land use planning.
ORDER
9THE TRIBUNAL ORDERS THAT:
the appeal is allowed and Zoning By-law 2022-49 is amended as set out in Attachment 1 to this Order;
the Tribunal authorizes the municipal clerk of the Township of Algonquin Highlands to assign numbers to the Zoning By-law for record-keeping purposes.
“Yasna Faghani”
Yasna Faghani
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
Corporation of the Township of Algonquin Highlands
By-Law 2025-xx
A By-law to Amend By-law 2022-49, as amended, being the Comprehensive Zoning By-law of the Township of Algonquin Highlands.
(Application AH-ZBA-004/24 - Roll No. 4621-010-000-75800)
Whereas on the 19th day of May 2022, By-law 2022-49 was enacted to provide comprehensive zoning for the entire Township of Algonquin Highlands;
Now Whereas it is deemed expedient to amend By-law 2022-49, as amended;
Now Therefore, the Ontario Land Tribunal now Herby enacts:
Schedule H3 to By-law 2022-49, as amended, is hereby further amended by changing the Shoreline Residential Two (SR2) Zone to Shoreline Residential Two Exception Sixty-Three (SR2-63) Zone on the property known as Tyrell Island on Kawagama Lake and described as Part of Lot 18 Concession 12 (geographic Township of Sherborne), and shown on Schedule "A" attached hereto.
Section 5.3.7.63 Shoreline Residential Two Exception Sixty-Three (SR2-63) Zone of By-law 2022-49, be added to By-law 2022-49, as amended, with the property (as shown cross hatched on the attached Schedule "A") being subject to the following additional provisions:
Within the Shoreline Residential Two Exception Sixty-Three (SR-63) Zone, and notwithstanding any provisions to the contrary in By-law No. 2022-49, as amended:
a. the 'building envelope' (outlined in 'red') and the 'sewage disposal system area' (outlined in 'blue') on the attached Schedule "B" shall be deemed to comply with the minimum yard and setback requirements in the "Shoreline Residential Two (SR2) Zone";
b that a seasonal dwelling unit with a maximum gross floor area of 75m2 and maximum ground floor area of 56m2 shall be permitted within the designated 'building envelope'; and
c personal camping shall be permitted as a temporary use under the zoning by-law exception only after the existing cottage is removed and a building permit has been issued for construction of a new cottage within the approved 'building envelope'.
In all other respects, the provisions of the Shoreline Residential Two (SR2) Zone of By-law 2022-49 shall apply.
Schedules "A" and "B", attached hereto, are hereby declared to form part of this by-law.
This By-law shall come into force in accordance with the provision of Section 34(18) of the Planning Act.
READ a First, Second and Third time and finally passed this day of 2025.
Mayor Liz Danielsen
Clerk/Deputy CAO Dawn Newhook