Teresa Goetz-Zimmerman - 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
019-4575
Ministry reference number
60-C-210654
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
November 4, 2021 - December 4, 2021 (30 days) Closed
Last updated

This consultation was open from:
November 4, 2021
to December 4, 2021

Decision summary

Application 60-C-210654 was approved on March 10, 2022 subject to conditions. The last date for appeal of this decision under the Planning Act is March 30, 2022.

Location details

Site address

Unsurveyed Territory, ON
Canada

Site location details

The lots are on an island on Lake of the woods and legally described as PIN 42150-2201 & PIN 42150-2202 also known as EB2241 in unsurveyed territory in the District of Kenora. The subject lands are located on a relatively small island on Lake of the Woods west of Victoria island, and accessed by water only.

Site location map

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

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Proponent(s)

Teresa Goetz-Zimmerman
N 2292 Bethel Road
Monroa, WI
53566
United States

Robert Janke
4323 St Lowes Creek Road
Eau Claire, WI
54701
United States

Decision details

Application 60-C-210654 was approved on March 10, 2022 subject to standard conditions and:

That prior to final approval, this Ministry is to be advised in writing by the transferor that the Offer of Purchase and Sale agreement, or alternatively, an acknowledgement by the transferor and transferees if the transaction is between family members, contains the following clauses:

  1. No assessment has been undertaken for groundwater quality or quantity. Groundwater supplies may not be adequate to support the use of individual private wells, should this source of water be used in future.
  2. Should wells be considered as drinking water sources, they must be constructed in accordance with Regulation 903 – Wells, under the Ontario Water Resources Act.
  3. Water from any water bodies on or near the lot should not be used for human consumption unless it is disinfected and/or treated to meet the Ontario Drinking Water Quality Standards, as stipulated in O. Reg. 169/03 of the Safe Drinking Water Act.
  4. Small private sewage disposal facilities which have a daily sewage flow of 10,000 litres or less per day must be certified by the Northwestern Health Unit. Large private sewage disposal facilities which have a daily sewage flow of >10,000 litres, or communal systems, must be approved by the Ministry of the Environment, Conservation and Parks. The Northwestern Health Unit should be contacted for information on the proper installation and operation of Class IV septic systems and Class 1 (pit privy) sewage systems.
  5. Domestic waste must be appropriately handled and disposed of at an approved waste disposal facility.
  6. The use of Best Management Practices for shoreline development is strongly recommended. Best Management Practices such as shoreline naturalization and vegetated buffer strips can reduce the adverse effects of shoreline development on inland lakes. It is recommended that sewage systems be located where native soils are deepest, and at the furthest distance possible from the shoreline. Additional resources regarding Best Management Practices are listed in Appendix B of the Lakeshore Capacity Assessment Handbook, 2010, available at: http://www.ontario.ca/environment-and-energy/lakeshore-capacity-assessmenthandbook-protecting-water-quality-inland-lakes.

The last date for appeal of this decision under the Planning Act is March 30, 2022.

Comments received

Through the registry

0

By email

1

By mail

0
View comments submitted through the registry

Effects of consultation

The Ministry received comments related to the cumulative impact of development on Lake of the Woods. Comments neither supported or opposed the approval of the proposal and therefore did not impact the decision.

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 March 11, 2022 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)

Teresa Goetz-Zimmerman
N 2292 Bethel Road
Monroa, WI
53566
United States

Robert Janke
4323 St Lowes Creek Road
Eau Claire, WI
54701
United States


Appellate body

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


Include the following:

ERO number
019-4575
Ministry reference number
60-C-210654

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.

Connect with us

Contact

Andrew Carr

Phone number
Office
Municipal Services Office North (Thunder Bay)
Address

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

Office phone number

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Follow this notice

Original proposal

ERO number
019-4575
Ministry reference number
60-C-210654
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

November 4, 2021 - December 4, 2021 (30 days)

Proposal details

The purpose of this application is to add approximately 0.05 hectares from PIN 42150-2201 to PIN 42150-2202. The proposed lands to be transferred are a triangular portion of land at the north side with no lake frontage and dimensions of approximately 70 metres on the long edge by 15 metres at short edge with an area of 0.05 hectares. The proposed retained lot is irregularly shaped and currently 0.55 hectares with 158 metres of frontage on Lake of the Woods and 82 metres of depth. The lot receiving the lot addition is irregularly shaped and currently 0.53 hectares with 160 of frontage and 60 metres of depth at the shortest edge. The severed lands to be transferred are currently vacant and the retained lot and lot receiving the addition are each developed by a cottage serviced by lake water and pit privy. No immediate change in land use is proposed, but the purpose of the lot addition is to facilitate future expansion for the cottage on the lot receiving the addition. The current owners utilize a public landing near Pye’s Landing on clearwater bay. There are two nearby marinas to Pye’s Landing; Deception Bay Marina and Rockeries Marina.

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 November 4, 2021
to December 4, 2021

Connect with us

Contact

Andrew Carr

Phone number
Office
Municipal Services Office North (Thunder Bay)
Address

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

Office phone number