Ms. Barrie summarized report COA2022-044. The purpose and effect is to extend the existing non-conforming use of the land as a family campground. Relief sought:
1) Section 13 'Limited Service Residential Exception One (LSR-1)' Zone and related Section 2 Definitions and Section 3 General Provisions only permit a vacation dwelling.
Ms. Barrie gave a brief summary of the owner’s testimonial which indicated photos seen on appendix D of the report and in the presentation.
Since the writing of the report, agency comments were received from the Plans Examiner, Building and Septic Division noting no concerns. The Supervisor of Part 8, Sewage Systems confirmed a condition be added that approval under the OBC pertaining to waste disposal be obtained.
Five letters of support were received, four are included in the report and one from Deborah Gargrave 131 McKelvey Road.
Letters of opposition were received from:
Ms. Finn, 93 McKelvey Road.
Mr. Milani and Mr. Azizi, 133 McKelvey Road.
Ms. King, 115 McKelvey Road.
Mr. and Mrs. Bourgeois, 125 McKelvey Road.
Concerns:
- Rezoning of the campground.
- Reduce property value of surrounding residential properties.
- How is sewage dealt with entering into Canal Lake?
- How is information for taxes determined?
- Negative impacts to the environment.
Ms. Barrie summarized and responded.
The Committee asked Ms. Barrie how this issue came to the attention of the City and is there a Zoning By-law that has provisions to pitch a tent on a persons own property. Ms. Barrie replied, it came from a municipal law enforcement matter initiated from an inquiry/nuisance complaint which the owner can speak to. Ms. Barrie also noted that the application is before the Committee because there is no primary dwelling. Accessory structures cannot exist without a primary dwelling.
The Committee asked for clarification on the following:
- If the Committee were to approve the application, no other accessory buildings can be added moving forward?
- If we deny this application what will change?
- If denied, do the owners have the same appeal rights?
- Are the owners restricted to the number of tents they can pitch?
- Tires on the lake shore, what can be done to remove them?
- If the Committee choose to defer, can it be deferred indefinitely?
Ms. Barrie responded.
The Chair stated to the Committee, if they choose to defer, they must articulate their reasons.
The applicant, Mr. Lindau was present and clarified that the application stemmed from a complaint the Municipal By-law office had received and advised that all accessory buildings be removed as the LSR-1 provision does not allow for camping, if accessory buildings are not removed by a certain date he would incur fines. He spoke to the history of the property. Mr. Lindau spoke with the Manager of Planning, who explained the course of action and what was involved for the application. Mr. Lindau noted that he can no longer camp on his property unless the application to recognize existing use is approved.
The Committee asked the applicant the following questions:
- What changes are contemplated if approved.
- Have neighbours approached the owners with concerns?
- Is there an intention in the future to build a dwelling?
Mr. Lindau replied he would clean up the existing buildings, replace roofs etc. Continue to use property as a camping ground for family use. There is no intention to build a dwelling.
In opposition to the application, Ms. Finn was present via electronic participation and had the following questions:
- How many trailers are allowed on the property?
- What consideration is made for leaching of gray water to the common area?
The Committee asked Ms. Finn how long has she lived at 93 McKelvey Road. Has she approached the owners of 139 McKelvey Road?
Ms. Finn replied she has lived at 93 McKelvey road for 9 years and that she had not approached the owners.
In opposition to the application, Ms. King was present via electronic participation and stated her concerns with tires strapped to the lake shore, buildings in disrepair and the septic.
The Committee asked the applicant, did a relative live on the property? Whose name is the property in and do they pay association fees? Mr. Lindau responded by saying that nobody lives on the property. The property is currently going through probate and that his two older sisters are the trustees.
Ms. Barrie responded to the Committees’ questions regarding concerns with run off water from sheds.
A motion was made to approve the application as amended to add a condition. It was noted that Member Marsh spoke against the decision. Discussion ensued.
The Chair called for a recess at 3:23pm. The Chair called the meeting back to order at 3:30pm.