Clark loses OMB appeal

No proof provided – Report

The appeal to the Ontario Municipal Board (OMB) by Stan Clark, to create three building lots on the corner of Elgin and Huron Streets has been rejected. A report by Steven Stefanko, who heard the case in St. Marys in January, pointed out that Mr. Clark had represented himself before the Board, and, in his testimony had made no mention of The Town’s Official Plan, The Town’s Comprehensive Zoning By-law, The Provincial Policy Statement or the Act pertaining to building issues such as this case.

The report in part reads “It is incumbent upon any appellant appearing before the Board, to prove his case based upon the applicable statutory regime and relevant policy. In this proceeding, the Proponent failed to provide any such evidence. In short, no arguments were made that the proposal complied with the provisions of the Act, conformed to the Town OP or was consistent with the PPS.”

The report also notes that during cross examination of Mr. Clark by counsel for the Town, it became apparent that the proposed lots did not meet the frontage, area and lot depth performance standards of the CZBL. In approximate percentage terms, lot areas were deficient between 12% and 20%, lot depths were deficient to the extent of 19% and the frontage of the Retained Lot was also deficient by 19%.

The report also noted that Mr. Clark’s mention of a multi-family building is not permitted in this area as per the Comprehensive Zoning By-law.