The matter is set to be heard by the Ontario Superior Court in the disupute between the Schuettels and the Town of Minto and their Chief Building Official Terry Kuipers.
5 years ago the town amended the zoning of the area behind their home from open space to residential exception zone on a piece of land that used to house the Harriston Senior School. In addition to the change of zoning, the amendment included relief from the various setback and distance restrictions in the future development.
The issue at hand is the subsequent agreement reached after the Schuettels took the matter to the OMB. The settlement they and the town reached prior to the hearing allowing the change in setbacks but required all other aspects to conform to the town’s bylaw.
The issue at hand currently is whether the current home builders on the property Quality Homes are honouring the OMB settlement changes.
At issue are such things such as the homes being limited to 1 story but plans and promotional imagery showing a second story.
The case begins on Friday.