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Ontario
APPELLANT FORM (A1)
PLANNING ACT
Environment and Land Tribunals Ontario
Ontario Municipal Board
655 Bay Street, Suite 1500 Toronto, Ontario M5G 1E5
TEL: (416) 212.£349 or Toll Free: 1-866-448-2248
FAX: (416) 326-5370
www .elto.gov.on.ca
SUBMIT COMPLETED FORM
TO MUNICIPALITY/APPROVAL AUTHORITY
Date Stamp - Appeal Rec9ivsd by Municipality
Receipt Number (OMB Office Use Only)
Part 1: Appeal Type (Please check only one box)
SUBJECT OF APPEAL
TYPE OF APPEAL
PLANNING ACT
REFERENCE
(SECTION)
Minor Variance
Consent/Severance
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Zoning By-law or
Zoning By-law Amendment
Interim Control By-law
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Official Plan or
Official Plan Amendment
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Plan of Subdivision
Appeal a decision
Appeal a decision
53(19)
Appeal conditions imposed
Appeal changed conditions
53(27)
Failed to make a decision on the application within 90 days
53(14)
AQpeal the passing of a Zoning By-law
34(19)
Application for an amendment to the Zoning By-law - failed to
make a decision on the application within 120 days
34(11 )
Application for an amendment to the Zoning By-law - refused by the
municipality
Appeal the passing of an Interim Control By-law
Appeal a decision
38(4)
17(24) or 17(36)
Failed to make a decision on the plan within 180 days
17(40)
Application for an amendment to the Official Plan - failed to make a
decision on the application within 180 days
22(7)
Application for an amendment to the Official Plan - refused by the
municipality
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Appeal a decision
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Appeal conditions imposed
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45(12)
Failed to make a decision on the application within 180 days
51(39)
51(43) or 51(48)
51(34)
Part 2: Location Information
131(
Address and/or Legal Description of property subject to the appeal:
~unidPa~ty/uppertier:~~~~~~~I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
A 1 Revised April 2010
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Part 3: Appellant Information
First Name: _ _ _ _
-"Go<.I-JDttpIUJ<~pJ'_'__ _ _ _ _ _ _ Last Name: _-,"Cz~~A:...;:....JW=-_':_<hY?..:.........=-__________
Company Name or Association Name (Association must be incorporated - include copy of letter of incorporation)
E-mail Address: _ _ _-=f.%:-~~L.looI!...+._~l.....!Ioo::...E:~'-..;.,,.::-::~""'"""':..s....;:~n~A~/L-=::_..;...-=.(c-0-=-:;I'1=-=-_--::-_________
Daytime Telephone #:
-=to S 1'1 (
l.a.[ ~ j ----
Alternate Telephone #:
_----'~'---.s_/_:t"'__1-_'__1_J_":;_'1____
Fax #: _ _ _ _1-~D=r_1_=__'2--_1.,...-- __'_IO_b.....:~=_-
_
___
~amngAdd~sS: ~~~~.~~~.~~~o~X~/~~~~~_ _ _~~~~~~~~~~~~~~/~~~--~~~~,~~~~~~~~~~~~_ __
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Street Address
AptiSuite/Unit#
Province
CitylT own
Postal Code
---,-~',{,&t.::::......::~~q....-=--::..::...-=----------Date:
Signature of Appellant: _ _ _ _ _
(Signature n
J I OCr ~ II
Please note: You must notify the Ontario Municip Soard of any change of address or telephone number in writing. Please
quote your OMS Reference Number(s) after they ave been assigned.
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Personal information requested on this form is collected under the provisions of the Planning Act, R.S .O. 1990, c. P. 13, as amended,
and the Ontario Municipal Board Act, R.S.O. 1990, c. O. 28 as amended. After an appeal is filed, all information relating to this appeal
may become available to the public .
Part 4: Representative Information (if applicable)
I hereby authorize the named company and/or individual(s) to represent me:
First Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Last Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Company Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Professional Title: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
E-mail Address: _ _ _--;::--_~---_::__:_:_----_:_-_;_---.,..._:_:___.,.-..."...._==:::=_:__-_:_:_---------By providing an &-mall address you agree to receive communications from the OMB by lHllali.
Daytime Telephone #: _ _ _ _ _ _ _ _ _ _ _ _ _ _ Alternate Telephone #: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Fax#: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
~ailing
Address: ---::-:--_-:-:--:--_ _ _ _ _ _ _ _ _ _ _--:----::::-::--::-:-:--:-_ _ _ _ _ _ _--::-:-=-_ _ _ _ _ _ _ _ __
Street Address
AptiSuite/Unit#
CitylTown
Province
Country (if not Canada)
Postal Code
Signature of Appellant: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ __
Please note: If you are representing the appellant and are NOT a solicitor, please confirm that you have written authorization, as
required by the Board's Rules of Practice and Procedure, to act on behalf of the appellant. Please confirm this by checking the bo)(
below.
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I certify that I have written authorization from the appellant to act as a representative with respect to this appeal on his or her
behalf and I understand that I may be asked to produce this authorization at any time.
A 1 Revised April 2010
Page 3 of 5
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Part 5: Language and Accessibility
Please choose preferred language:
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English
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French
We are committed to providing services as set out in the Accessibility for Ontarians with Disabilities Act, 2005. If you have
any accessibility needs, please contact our Accessibility Coordinator as soon as possible.
Part 6: Appeal Specific Information
1.
Provide specific information about what you are appealing. For example: Municipal File Number(s), By-law
Number(s), Official Plan Number(s) or Subdivision Number(s):
(Please print)
2. Outline the nature of your appeal and the reasons for your appeal. Be specific and provide land-use planning reasons
(for example: the specific provisions, sections andlor policies of the Official Plan or By-law which are the subject of
your appeal- if applicable). **If more space is required , please continue in Part 9 or attach a separate page.
(Please print)
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THE FOLLOWING SECTIONS (a&b) APPLY Q!ibX TO APPEALS OF ZONING BY-LAW AMENDMENTS UNDER
SECTION 34(11) OF THE PLANNING ACT.
a) DATE APPLICATION SUBMITTED TO MUNICIPALITY: -.---:~_-=-:-:~-:-:-_-:--_ _ _ _ _ __
(If application submitted before January 1, 2007 please use the 01 'pre-Bill 51' form.)
b) Provide a brief explanatory note regarding the proposal, which includes the existing zoning category, desired zoning
category, the purpose of the desired zoning by-law change, and a description of the lands under appeal:
**If more space is required,~ease continue in Part 9 or attach a separate paqe.
Part 7: Related Matters (if known)
Are there other appeals not yet filed with the Municipality?
YES
Are there other planning matters related to this appeal?
YES
(For example: A consent application connected to a variance application)
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NO
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NO ~
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If yes, please provide OMS Reference Number(s) and/or Municipal File Number(s) in the box below:
A 1 Revised April 2010
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Part 8: Scheduling Information
How many days do you estimate are needed for hearing this appeal?
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4 days
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1 week
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half day
1 day
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2 days
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3 days
More than 1 week - please specify number of days: _ _ _ _ _ _ _ _ __
nd other witnesses do you expect to have at the hearing providing evidenceltestimony?
,
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Describe expert witness(es)' area of expertise (For example: land use planner, architect, engineer, etc.):
Do you believe this matter would benefit from mediation?
NO
YES
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(Mediation is generally scheduled only when all parties agree to participate)
Do you believe this matter would benefit from a prehearing conference?
YES
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(Pre hearing conferences are generally not scheduled for variances or consents)
Ifyes,why?_________________________________________________________________________
Part 9: Other Applicable Information **Attach a separate page if more space is required .
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Part 10: Required Fee
Total Fee Submitted:
$ _-..k.l.c:~-=~;....~.:...._tr0
_______________
Payment Method:
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Certified cheque
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Money Order
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Solicitor's general or trust account cheque
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The payment must be in Canadian funds, payable to the Minister of Finance.
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Do not send cash.
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PLEASE ATTACH THE CERTIFIED CHEQUE/MONEY ORDER TO THE FRONT OF THIS FORM.
A 1 Revised April 2010
Page 5 of 5
October 31 ,2011
Dr. Gordon Crawford
9 Park Trail
P.O. Box 142
Midhurst, ON
LOL 1XO
Att'n Brenda Clark
County Clerk
County of Simcoe
Administration Centre
1110 Highway 26
Midhurst, ON
LOL 1XO
Re. appeal of Springwater Township File No. SP-OPA-0838 Official Plan Amendment No. 38
I am the owner of two adjoining estate residential lots located in the community of Midhurst. The
lot located at 9 Park Trail is my current residence at which my family and I have resided since
1986. The second estate lot is located immediately to the south at address 1371 St. Vincent St..
It is a vacant lot with frontage on the unopened road allowance which extends north from Saint
Vincent Street. The vacant lot is approximately .73 hectares (1.8 acres). The vacant lot was
purchased in 1987 with the intent of developing it at a future date for residential use. The location
of the lots is shown on the attached sketch.
It is my understanding that the Township of Springwater Official Plan designates the vacant lot
"Estate Residential" and the Township of Springwater Comprehensive Zoning By-law No. 5000
zones the vacant lot as a "Residential Estate (RE) Zone". The existing designation and zoning
recognizes and supports a single detached dwelling (residence) as a permitted use. The same
land use designation and zoning is found on the existing residential lots to the east and north of
the vacant lot, including my lot at 9 Park Trail
I have recently been made aware of the passing of the Midhurst Secondary Plan and the potential
negative impact it will have on my ability to sell or develop my vacant land as a residential lot. It is
my understanding that the Secondary Plan has now been approved by the County of Simcoe
Council and my only recourse now is through the Ontario Municipal Board. Unfortunately, I fear
my previous requests to address this issue since it was presented at various community meetings
have become lost in the process.
With respect to my vacant lot, the Midhurst Secondary Plan proposes to encumber the land use
designation from "Estate Residential" by adding the "Environmental Protection Area 1"
designation . I am very concerned that the Environmental Protection Area 1 designation may
eliminates some options regarding residential uses as a permitted use and affects my ability to
obtain a building permit to construct a residence.
Further, if I was to sell the lot it may make it prohibitively difficult to achieve a severance if the
new owner so wished.
I have paid residential taxes on this vacant lot since 1987 and if I am unable to build as before
due to changing the designation of my residential lot to Environmental Protection Area 1, this is at
worst expropriation without compensation and at best unnecessarily devaluing the lot and limiting
the options to the owner that would be afforded under "Midhurst Village" designation.
I believe that the "Environmental Protection Area 1" designation is inappropriate and the existing
"Estate residential" zoning designation should remain unencumbered by the EPA 1 Designation
for the following reasons:
1.
This area is an established and developed estate residential subdivision characterized by
single detached residences located on large wooded lots. My vacant residential lot is
consistent this character and can support residential development that is consistent and
complements the neighbourhood.
2.
The wooded area as an environmental feature does not appear to have any Provincial
and/or County significance. The trees which are located in the rear yards of the existing
residences have been maintained by the owners for privacy and to retain the estate
residential character of the area. This is a common characteristic that is prevalent and
been maintained throughout Midhurst. There is no need or reason to freeze established
lots from development to protect the trees in this area. There are no known
environmentally sensitive flora, fauna , or watershed issues to my knowledge.
3.
The land use boundaries used in the mapping (Schedule A - Land Use) is very general
and does not identify property or lot boundaries. With respect to the area in the vicinity
Saint Vincent Road and Park Trail, the lands designated "Environmental Protection Area
1" appears to include my entire vacant lot, the backyards of existing lots in close
proximity to existing residences as well as the Midhurst Cemetery. It is unclear to me
whether the EP1 designation is compatible with a cemetery. As well as potentially
preventing me from constructing a residence on my vacant lot, this could potentially
restrict a property owner's ability to expand existing residences or construct other
structures such as garages, swimming pools, etc. , to sever a portion of the property, or
perhaps function as a cemetery.
4. The identification of the "Environmental Protection Area 1" appears to be inconsistent.
The residential lots located immediately west of the Saint Vincent Road allowance have
similar characteristics but have been designated "Midhurst Village". I believe that this is
the appropriate designation for this area and the same designation should be applied to
my property.
I kindly request that Township Council reconsider the new designation "Environmental Protection
Area 1" applied to my Lot 4 property at 1371 St. Vincent Street as indicated in the Midhurst
Secondary Plan and change the land use designation to "Midhurst Village" to be consistent with
adjacent properties ..
Sincerely,
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