Robert & Michele Drew - Approval for a consent (subject to conditions) in an area where there is no official plan in place

Instrument type: Approval for a consent (subject to conditions) in an area where there is no official plan in place

ERO number
019-0293
Ministry reference number
60-C-185066
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Notice stage
Decision
Decision posted
Comment period
July 11, 2019 - August 10, 2019 (30 days) Closed
Last updated

This consultation was open from:
July 11, 2019
to August 10, 2019

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted in respect of Application 60-C-185066 for a 0.046-hectare lot addition for land described as PIN42150-1813, Part 1, 23R-5922 PIN 42150-1814, Unsurveyed Territory, District of Kenora. The last day of appeal of this decision is October 23, 2019.

Location details

Site location details

Legal description of land described as PIN 42150-1813, Part 1, 23R-5922 & PIN 42150-1814; Unincorporated Territory, District of Kenora. The subject lands are accessed by Pine Meadow Drive which is a private road maintained year-round. The subject lands are located near Holmstroms Marsh, Lake of the Woods, approximately 7 kilometres south of the City of Kenora municipal boundary.

Site location map

The location pin reflects the approximate area where environmental activity is taking place.

View this location on a map opens link in a new window

Proponent(s)

Robert & Michele Drew
180 Victor Lewis Drive
Winnipeg, MB
R3P 2E1
Canada

Decision details

Decision on instrument

Application 60-C-185066 was approved on October 3, 2019. Conditions were added. Applicants have one (1) year to satisfy conditions otherwise approval will lapse.

Non-standard conditions include:

  • That prior to final approval, the applicant shall enter into a Consent Agreement addressing the use and potential development of the severed/granting lot and the receiving lot including that the lots can only be used for resource-based recreational uses (including a recreational dwelling) and are not to be used for permanent residential use.
  • A flowage easement to elevation 324.6 metres CGVD 1928 (Canadian Geodetic Survey Datum of 1928) is required to be registered on the severed/granting and receiving lands provided a flowage easement or hazard land zone to the level does not already exist.
  • Notifications for acknowledgement in all Agreements of Purchase and Sale, or alternatively, an acknowledgement by the transferor and transferees if the transaction is between family members, on standard Ministry and partner Ministry guidelines and policies including: shoreline Best Management Practices, waste disposal and potable water.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

Effects of consultation

No comments were received, resulting in no impact on the decision on whether or not to proceed.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from October 3, 2019 to begin the appeal process.

Carefully review the information below to learn more about the appeal process.

How to appealClick to Expand Accordion

For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.

Appeal process for decisions published before June 1, 2021

You can appeal all or part of this this instrument to the appeal to the Local Planning Appeal Tribunal (LPAT) by submitting a notice of appeal to the Minister of Municipal Affairs and Housing.

There is an additional “leave to appeal” right under the Environmental Bill of Rights.

Who can appeal

A notice of appeal can be submitted by:

  • individuals
  • corporations
  • public bodies

A notice of appeal can’t be submitted by:

  • an unincorporated association
  • an unincorporated group

You can, however, submit a notice of appeal as a member of the unincorporated association or group.

You have to have made an oral submission at a public meeting or a written submission to the council before the official plan amendment was adopted. Note: this is not required if you are appealing a proposal for provisional consent (no official plan in place).

Notice of appeal

Your notice of appeal must include:

  • the specific part, or parts of the official plan amendment that you wish to appeal
  • the reasons for your appeal
  • the appeal fee, payable by certified cheque or money order to the Minister of Finance, Province of Ontario

Note: appeal fees and options for reductions are outlined in the Local Planning Appeal Tribunal’s fee chart.

Mail your notice of appeal

Send your notice of appeal to the Minister of Municipal Affairs and Housing via the ‘issuing authority’ contact listed below.

Send a copy of your notice of appeal to the Minister of Environment, Conservation and Parks. You can provide notice by email at minister.mecp@ontario.ca or by mail at:

College Park
5th Floor, 777 Bay Street
Toronto, ON
M7A 2J3


Issuing authority
Victoria Kosny
Manager

Municipal Services Office North (Thunder Bay)
435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

807-473-3025

Proponent(s)

Robert & Michele Drew
180 Victor Lewis Drive
Winnipeg, MB
R3P 2E1
Canada


Appellate body

Local Planning Appeal Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5


Include the following:

ERO number
019-0293
Ministry reference number
60-C-185066

This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.

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Original proposal

ERO number
019-0293
Ministry reference number
60-C-185066
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

July 11, 2019 - August 10, 2019 (30 days)

Proposal details

Description of instrument

Application 60-C-185066 is to sever a rectangular portion of land from PIN 42150-1813 as a lot addition to the abutting PIN 42150-1814. The proposed severed lot would be approximately 0.046 hectares with 6.096 metres of frontage and a depth of 92.00 metres. The proposed severed lot would be approximately 0.70 hectares (a decrease from 0.746 ha) with 97.54 metres of frontage and a depth of 92.20 metres. The proposed receiving lot would be approximately 15.42 hectares (an increase from 15.47 ha) with a frontage of 121.92 metres and a depth of 350.00 metres.

The effect of the lot addition is to create a larger setback of 8 metres for the benefit of the existing resource-based recreational dwelling and driveway on PIN 42150-1814. The owner of the receiving lands has concerns about the current 2 metre setback between the existing buildings/structures & driveways and the existing lot line.

Other Information

During the public consultation period, the government contact may also be reached at 1-800-465-5027, extension 3016, or directly at 1-807-473-3016 Canada wide, 8:30 AM to 4:45 PM EST, Monday to Friday).

Other Public Consultation Opportunities

Pursuant to the Planning Act requirements, a public notice will be published in the local paper.

Supporting materials

View materials in person

Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.

Get in touch with the office listed below to find out if materials are available.

Municipal Services Office North (Thunder Bay)
Address

435 James Street South
Suite 223
Thunder Bay, ON
P7E 6S7
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from July 11, 2019
to August 10, 2019

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