Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 29, 2026
CASE NO(S).: OLT-26-000054
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Valentina Pollon
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the increased height of an accessory structure
Reference Number: D14-2025-010
Property Address: 439 Thousand Islands Parkway
Municipality/UT: Leeds and the Thousand Islands/Leeds and Grenville
OLT Case No: OLT-26-000054
OLT Lead Case No: OLT-26-000054
OLT Case Name: Pollon v. Leeds and the Thousand Islands (Township)
Heard: May 25, 2026, by Video Hearing
APPEARANCES:
Parties
Counsel
Valentina Pollon
Crystal McConkey
Township of Leeds and the Thousand Islands
Spencer Putnam
DECISION DELIVERED BY SHARON L. DIONNE AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is a Hearing to consider a settlement of an appeal against the decision of the Council of the Township of Leeds and the Thousand Islands (“Township”) to refuse Valentina Pollon’s requested amendments to the Township’s Zoning By-law No. 07-079 (“ZBL”) to rezone the Property municipally known as 439 Thousand Islands Parkway from “Tourist Commercial (CT)” to “Residential Shoreline Special Exception (RS-XX)” Zone.
2The Property is located on the north shore of the St. Lawrence River outside of the Settlement Area of Gananoque and has frontage on the south side of Thousand Islands Parkway.
3The Statutory Parties have worked to resolve the issues between them and came before the Tribunal to present evidence in support of the proposed amendments to the ZBL. The requested amendments would permit a single-detached dwelling as a principal building and two accessory structures. Each accessory structure is proposed to be used as a private garage, with one having a sleeping cabin above and the second having a studio/office above.
4The Tribunal confirmed that there are no issues with respect to Notice of the Hearing and marked the Affidavit of Service as Exhibit 1. There are no requests for status as Parties or Participants in this matter.
EVIDENCE AND FINDINGS
5The Tribunal marked the following documentation as evidence in the Hearing:
Exhibit 2 – Affidavit of Jason William Sands dated April 24, 2026
Exhibits 3 and 4 – Draft Amendments to the ZBL
6Jason William Sands, a Registered Professional Planner (“Planner”) was called to provide planning evidence in support of the proposed amendments to the ZBL. Having reviewed and considered the Planner’s Curriculum Vitae and Acknowledgement of Expert’s Duty, the Tribunal qualified him to provide land use planning opinion evidence on the matters before it.
7Having received and considered the Planner’s Affidavit and viva voce evidence in the Hearing, the Tribunal accepts the uncontradicted opinion evidence of the Planner and agrees with the Planner’s recommendations that the proposed amendments to the ZBL, as set out in Exhibit 2, are appropriate and good planning.
8The proposed amendments are intended to convert the Property from commercial to residential uses and are supported by way of planning and ecological studies.
9More particularly, the amendments will facilitate development of the Property for a single-detached dwelling, a private garage with a sleeping cabin above, and a private garage with a studio/office above, with specific standards that:
a. restrict the maximum building height of the accessory structures at 8.25 metres (“m”);
b. restrict the maximum size of the sleeping cabin to 122 square metres (“m2”) of habitable space;
c. restrict the maximum size of the studio/office space to 64 m2 as a permitted home-based business;
d. prohibit a kitchen or cooking facilities within accessory structures on the Property; and,
e. prohibit habitable space within the 92 m2 garage/studio/office structure located in the northwest corner of the Property.
10With respect to the statutory requirements set out in the Planning Act, R.S.O., 1990, c.P.13 (“Act”), the Tribunal finds that the recommended proposed amendments to the ZBL, as set out in Schedules “A” and “B” to this Decision, should be approved, in that they are:
i. consistent with the Provincial Planning Statement, 2024, given that the proposed site-specific amendments will facilitate a proposed development that makes efficient use of the Property, in a low-density residential form which is compatible with the surrounding rural area, utilizing on-site water and sewage services in accordance with the Ontario Building Code and the Ontario Water Resources Act, and which is located outside of the floodplain associated with the St. Lawrence River, and which will have no negative impact(s) on the abutting natural heritage features or on their ecological function(s);
ii. in general conformity with the United Counties of Leeds and Grenville Official Plan, which designates the Property “Rural Lands”, and the Township of Leeds and the Thousand Islands Official Plan, which designates the Property “Thousand Islands Area – Rural”, in that the planning policy frameworks support low-density residential uses located outside of the floodplain and natural heritage features, in compliance with the Minimum Distance Separation (MDS) formulae, and;
iii. if approved, would create an opportunity to facilitate the development and utilization of the Property for appropriate shoreline residential uses in a built form and scale which are compatible with the character of the surrounding and adjacent land uses, representing good land use planning, and being in the public interest.
11The Tribunal makes its findings, having regard to those applicable matters of Provincial interest found in s. 2 of the Act, namely that the amendments will provide for the orderly development of safe and healthy communities, protection of ecological systems including natural areas, features and functions, and the promotion of built form that is well designed and will not result in adverse impacts to the surrounding lands.
12The Tribunal also makes its findings in accordance with s. 2.1 (1) of the Act, in recognition that a settlement has been endorsed by the Township.
ORDER
13THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, and directs the Township of Leeds and the Thousand Islands to amend By-law No. 07-079 as set out in Schedules “A” and “B” to this Order. The Tribunal authorizes the municipal clerk of the Township of Leeds and the Thousand Islands to assign a number to this by-law for record keeping purposes.
“Sharon L. Dionne”
SHARON L. DIONNE
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.
SCHEDULE “A”
ZONING SKETCH
SCHEDULE “B”
ZONING LANGUAGE
To rezone lands from Tourist Commercial (CT) Zone to Shoreline Residential Special Exception XX (RS-XX) Zone.
Front of Leeds and Lansdowne, Township of Leeds and the Thousand Islands, United Counties of Leeds and Grenville, and more particularly described as Assessment Roll Number 08-12-812-025-10500-0000, 439 Thousand Island Parkway (File No. D14-2025-010)
i. That a new section 5.5(c)(lxiii) be added to Zoning By-Law Number 07-079 as follows:
“RS-XX, 860 439 Thousand Islands Parkway, Assessment Roll Number 08-12-812-025-10500-0000 (Application D14-2025-010)
On the lands zoned RS-XX, the following provisions shall apply:
a. Accessory buildings or structures other than residential wind turbines shall not exceed 8.25 metres in building height.
b. A sleeping cabin with a maximum of floor area of 122 square metres of habitable space is permitted in the upper floor of an accessory structure.
c. A maximum of 64 square metres of studio/office space is permitted as a home-based business located in the upper floor of an accessory structure.
d. A kitchen and/or cooking facilities are prohibited within the accessory structures located on the property.
e. Habitable space is prohibited within the approximately 92 square metre garage/studio/office structure located in the northwest corner of the property.”