Kimberly Kruitz and Kenneth Benard - 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
019-5866
Ministry reference number
52-C-207616
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
August 19, 2022 - September 18, 2022 (30 days) Closed
Last updated

This consultation was open from:
August 19, 2022
to September 18, 2022

Decision summary

Pursuant to Section 53 of the Planning Act, provisional consent was granted on October 7, 2022 in respect of Application 52-C-207616 to sever two existing recreational dwellings for seasonal recreational purposes, in Cascaden unincorporated township, District of Sudbury. The last day this decision can be appealed is October 27, 2022.

Location details

Site address

ON
Canada

Site location details

The subject property is an island in Ministic Lake described as PIN 73355-0122, in the unincorporated township of Cascaden, District of Sudbury.

Site location map

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

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Proponent(s)

Kimberly Kruitz and Kenneth Benard
51 Erickson Drive
Whitby, ON
L1N 8Z3
Canada

Decision details

52-C-207616 was approved on October 7, 2022 with conditions. This approval would permit the severance of two existing recreational dwellings and accessory structures on an island property in Ministic Lake described as 73355-0122. The severed lot would be approximately 1.2 hectares in size and irregular in shape, covering approximately half of the island. The lot would have approximately 395 metres of frontage on Ministic Lake and be 40 metres deep. The lot contains a cottage (1962), sauna (2010), two sheds (1998, 2020), a boat house (1999) and an outhouse (1985).

The proposed retained lot would be approximately 1.3 hectares in size and irregular in shape, covering approximately half of the island. The lot would have approximately 263 metres of frontage on Ministic Lake and be 54 metres deep. The lot contains a cottage (1972), sauna (1988), sleep camp (2010), shed (2008), and out house (1999).

The lands are water access only. The proposed severed and retained lots are accessed using a public boat launch on Otter Lake, and/or from a rented dock on Otter Lake along Ministic Lake Road (Chicago Mine Road).

The application was reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). No public comments were received through the ERO notice process. Public comments received through Planning Act notice in the newspaper together with partner ministry comments and comments from local agencies contributed to conditions related to land use compatibility and access, these considerations are described in the attached notice of decision. The decision to approve the consent is consistent with the Provincial Policy Statement, this decision will not have a significant impact on the environment.

The approval can be appealed using the procedure outlined below. Notice to appeal the decision to the Ontario Land Tribunal must be filed with the Minister of Municipal Affairs and Housing on or before October 27th, 2022.

The applicant has two (2) years to satisfy conditions, otherwise approval will lapse.

Non-standard conditions include:

  1. That prior to final approval, the ministry must be provided written confirmation from the Sudbury District Health Unit that the retained and severed lands have been inspected and are suitable for the installation of a subsurface sewage system and that any existing systems meet their requirements.
  2. That prior to final approval, the ministry must be provided written confirmation of adequate capacity to dispose of hauled sewage generated by the proposed lot. This written confirmation should take the form of a letter from the holder of an Environmental Compliance Approval (ECA) for an approved septage disposal facility, confirming it has sufficient reserve capacity to accept hauled sewage from the new lot.

The last day this decision can be appealed is October 27, 2022.

Comments received

Through the registry

0

By email

0

By mail

0
View comments submitted through the registry

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 (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

How to Appeal

This instrument decision can be appealed. You have 20 days from October 7, 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
Megan Grant
Team Lead

Municipal Services Office - North (Sudbury)
Suite 401, 159 Cedar St
Sudbury, ON
P3E 6A5
Canada

705-564-0120

Proponent(s)

Kimberly Kruitz and Kenneth Benard
51 Erickson Drive
Whitby, ON
L1N 8Z3
Canada


Appellate body

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


Include the following:

ERO number
019-5866
Ministry reference number
52-C-207616

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
019-5866
Ministry reference number
52-C-207616
Notice type
Instrument
Act
Planning Act, R.S.O. 1990
Posted by
Ministry of Municipal Affairs and Housing
Proposal posted

Comment period

August 19, 2022 - September 18, 2022 (30 days)

Proposal details

The application proposed to sever a lot in the unincorporated township of Cascaden, District of Sudbury. The subject property is an island in Ministic Lake described as Kimberly Kruitz and Kenneth Benard 73355-0122. The severed lot would be approximately 1.2 hectares in size and irregular in shape, covering approximately half of the island. The lot would have approximately 395 metres of frontage on Ministic Lake and be 40 metres deep. The lot contains a cottage (1962), sauna (2010), two sheds (1998, 2020), a boat house (1999) and an outhouse (1985).

The proposed retained lot would be approximately 1.3 hectares in size and irregular in shape, covering approximately half of the island. The lot would have approximately 263 metres of frontage on Ministic Lake and be 54 metres deep. The lot contains a cottage (1972), sauna (1988), sleep camp (2010), shed (2008), and out house (1999).

The lands are water access only. The proposed severed and retained lots are accessed using a public boat launch on Otter Lake, and/or from a rented dock on Otter Lake along Ministic Lake Road (Chicago Mine Road).

The application will be reviewed for consistency with the environmental policies of the Provincial Policy Statement (e.g. natural heritage, water quality protection). Public comments received or concerns identified will be considered in the review to determine whether the application is consistent with the Provincial Policy Statement and whether it would have any significant impact on the environment.

If you have any questions, or would like to submit comments, please do so either online (below), by letter or phone to the contact person listed. Please submit your comment during the 30-day public consultation period and reference the Environmental Registry Number 019-5866.

During the public consultation period, the government contact may also be reached at 1-807-630-3486 8:30 AM to 4:45 PM Eastern Standard Time, Monday to Friday.

As required under the Planning Act, a public notice will be published in the Sudbury Star on August 18, 2022 and the Sudbury Le Voyageur August 17, 2022.

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 (Sudbury)
Address

159 Cedar Street
Suite 401
Sudbury, ON
P3E 6A5
Canada

Office phone number

Comment

Commenting is now closed.

This consultation was open from August 19, 2022
to September 18, 2022

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