MUNICIPALITY OF ARRAN-ELDERSLIE

                        MINUTES TUESDAY JULY 15, 2008 AT 9:00 A.M. COUNCIL CHAMBERS

______________________________________________________________________________________

PRESENT:        Mayor Ron Oswald, Deputy Mayor Mary Cumming

                        Councillors Stacy Charlton, Paul Eagleson, Ross Herron, Jack Riley

REGRETS:        Councillor Davis

PRESS:            Mary Golem, Sun Times [afternoon]

PUBLIC:            County Planner, Sabine Hammell, Brent Richardson

                        Chad & Janice Rankins

OBSERVERS:   none

STAFF:             CHIEF BUILDING OFFICIAL, Craig Johnston

                        WORKS MANAGER, Vernon Weppler

                        Clerk/CAO, Joan Albright

DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF:  Cumming declared an interest in recreation supply quotes by 2M Sports

MINUTES

Moved by: R. Herron                                                       Seconded by:   J. Riley

that the minutes of Jun 24, 2008 be adopted as circulated. Carried

BUSINESS ARISING OUT OF THE MINUTES:  none

DELEGATIONS

Staff reports: copies of written reports to all

9:00 AM            SABINE HAMMEL, PLANNER, re Brent Richardson, minor variance

Eagleson declared that Council would be acting as the Committee of Adjustment for the following minor variance application, and outlined the process that would be followed.

Hammell was asked to review her report with Council, as follows:

FROM:                    Sabine Hammel, Planner for the Municipality of Arran Elderslie

Subject:                 Application for a minor variance to the Township of Arran Comprehensive Zoning By-law 94-06

REASONS FOR AND NATURE OF THE APPLICATION:

                The Municipality of Arran Elderslie has received an application from Brent Richardson, Port Elgin, ON for a minor variance to Section 10.2 of the former Township of Arran Comprehensive Zoning By-Law No. 94-06 as it relates to the R1 – Detached Residential zone.  The intent of the application is to construct a 600 ft² garage. The applicant is proposing to demolish the existing garage and replace it with a 30 ft by 20 ft garage in the same location.  The minor variance is proposing to permit a reduced side yard setback as follows:

The minor variance will also recognize the following existing deficiencies:

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SUMMARY OF APPLICATION:          

Section 45(1) of the Planning Act gives the authority of granting minor relief from the provisions of the Zoning By-law to the Committee of Adjustment.  Such relief can only be granted if the Minor Variance passes the four tests.  If the Committee is not satisfied on all four tests, then the Minor Variance cannot be approved.  The following recommendation is made:

PRELIMINARY RECOMMENDATION:                                                                                                                               

Subject to review of objections and submissions arising from the public hearing the following recommendation is made:

“That the application does not satisfy the four tests of a minor variance and that the Committee of Adjustment consider REFUSAL, in accordance with the attached Decision Sheet

I.              Purpose of Application and Context

The subject property is located in the Hamlet of Burgoyne just north of the intersection of Bruce Road 3 and Bruce Road 17.  The parcel contains a detached dwelling with carport, detached garage and shed.

A site plan of the proposal is included in Appendix ‘A’; an air photo of the development is included in Appendix B.

II.             Property Info Summary

III.            Matters Arising from Agency Circulation

All agencies that reviewed the application had no objection to the proposal.

iV.           Matters Arising from Public Circulation

The application was circulated to the public within 60 m (200 ft) of the property on June 24, 2008.  As of writing of this report no comments in objection to or in favour of the application were received. 

V.            Matters Arising From Provincial Interests, Policy Statements or Plans

None. See Appendix C.

VI.           Matters Arising from County Official Plan

The Planning Department presents the following analysis of the four tests in regard to the proposal.

Does the proposed variance conform to the general intent of the Official Plan?

The County of Bruce Official Plan designates the subject land as ‘Hamlet Community’ (Section 5.2.4).  Permitted uses in hamlet communities include low density residential uses and home occupations, community facilities, commercial uses primarily serving the day-to-day needs of the residents of the Hamlet Community and the surrounding area, highway commercial uses and dry industrial uses.

Section 5.2.4.4 Development polices require that development on private water supply and sewage disposal services shall be in accordance with the requirements of the appropriate approval authority.  The Grey Bruce Health Unit has reviewed the application and has commented that according to Part 8 of the OBC the proposed construction will have no impact on the capacity or function of the existing residential sewage system provide all required system clearances are maintained.

Therefore, the Department feels the application conforms to the general intent of the County Official Plan. 

VII.          Matters Arising from Local Planning Documents

Does the proposed variance conform to the general intent of the Zoning By-law?

The subject property is located in the R1 – Detached Residential zone covered by Section 10.2 of the former Township of Arran Comprehensive Zoning By-Law No. 94-06.  The intent of the applications is to construct a 600 ft² garage. The applicant is proposing to demolish the existing garage and replace it with a 30 ft by 20 ft garage in the same location.  The minor variance is proposing to permit a reduced side yard setback as follows:

The minor variance will also recognize the following existing deficiencies:

There are a number of reasons why side yard setbacks are established.  The purpose of a side yard setback is:

·          To provide an outdoor amenity space.

·          To provide a sense of open space and buffer between adjacent properties

·          To provide access to the rear of the property for servicing and maintenance

·          To provide a maintenance area for the building or structure

The proposed 0 ft side yard setback will not allow for maintenance on the garage without trespassing on the neighboring property nor does it provide any sense of space between the adjoining properties. Further in order to construct the new garage the applicant will need to trespass on the adjacent property.    The Planning Department is of the opinion that the proposed reduction in side yard setback compromises the ability of the side yard to function for its intended purpose as listed above.  And therefore, the Department does not feel that the intent of the by-law is being met.

Therefore, the Department feels the application does not maintain the general intent of the Township of Arran Comprehensive Zoning By-law 94-06.

VIII.         Other Issues / Matters

Is the proposed variance desirable for the appropriate development or use of the land, building or structure?

The proposed variance will allow the applicant to replace the existing garage with a larger version.  The proposed garage is to be located in the same place as the existing garage i.e. with a 0 ft side yard setback.  The construction of a new building provides the opportunity to rectify existing non-conforming situations rather than continuing or even expanding the non-conforming building. 

It is not appropriate for the development of the lot to allow structures that do not conform to the zone provision to be re-built.  Especially since the subject property is already eligible for a reduced side yard setback of 5 ft for one side yard because it has a frontage of 20 m (65.6ft) or less.  In other words if the garage were moved 5 ft off the property line the applicant would not need a minor variance and be eligible for a building permit. .  The lot is undersized, however there are configurations possible that would meet the zone provisions.  On balance the need for a 0 ft setback is not justified as being appropriate for the development of the land.

Therefore, the Department feels that the application is not desirable and does not represent appropriate development or use of the land.

Is the proposed variance minor?

Whether a variance is minor is evaluated in terms of the impact the proposed development is expected to have on the surrounding neighborhood.  Due to the 0 ft setback the Planning Department believes that there is a significant potential for the location of the garage to have an impact on the adjacent property. As mentioned above the applicant will need to trespass on the adjacent property to build and maintain the building.  Furthermore the buildings on the adjacent property to the south are currently located towards the other end of the lot.  However, future development of the lot will be impacted by the proposed location of the garage.

Therefore, the Department feels the application is not minor.

VIII.         Recommendation

In summary, the Planning Department recommends that the application does not satisfy the four tests of a minor variance.  The Department recommends that the Committee of Adjustment consider REFUSAL OF THE APPLICATION.

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No comments or objections about the application have been received

Eagleson invited the applicant, Brent Richardson, to comment:  presented a letter from his neighbour with no objection to the proposal, expect their good neighbour relationship to continue; garage is not large enough for his vehicles and is in poor repair; his present garage lines up with his driveway, if he relocated a new garage it would no longer line up; it was pointed out that if the application is refused he could renovate the existing garage.

Eagleson thought that since the building is out of conformance now, replacing it with a new structure would not make a significant impact and the neighbour does not object.

A motion in support of the application was passed and the decision signed.

9:30 AM            CHIEF BUILDING OFFICIAL, Craig Johnston

Reviewed his building statistics with Council; noted a correction in the issuance of two grain bin permits and their values on his report; Board of Education building is ahead of schedule in some respects; medical clinic update—roof on last week, progress of insulation, windows etc, dry walling next week, need more fill, Cumming reported that the driveway will be at the corner off Victoria Street, electrical inspector has ordered upgraded electrical outlets in examining rooms, Cumming circulated copies of a change order proposal by Domm Construction Ltd. to address six matters at an estimated cost of $17,573, Cumming reported that fundraising is at about $336,500 now, expect more yet, Cumming presented a draft lease agreement to be reviewed by the Municipal Solicitor.

Discussed a property standard’s complaint about a Paisley commercial garage with vehicles parked waiting for repair, does not believe it is contravening the property standards by-law.  Riley thought the owners were doing a good job.

Had a drainage complaint from the west side of Heather Lynn Blvd re residential drains being directed towards farmland behind the homes.  Big ‘O’ pipes were plugged which could have created backup into houses.  According to the Arran-Tara Foreman, the property storm drains should be directed to the street and he would like to see the worst one changed.

Discussed issuing additional permits for Turner’s development on the former factory property, zoning not yet changed, cannot issue permits, would comply with direction from Council to issue the permits, Hammell suggested an official plan amendment is also necessary, take it through the proper process, it was pointed out that the Municipality sold Turner the property with the promise to re-zone and change the official plan.  Hammell would also like Turner to review his plans with the County Engineer.

During IPM all CBO’s have agreed to rotate working on site for a day each

Another property standards matter regarding a main street building with bricks falling and more ready to fall on the north side, would like to fence off the section of sidewalk until the work is done, Council directed that immediate repairs be done in the interests of public safety.

Johnston presented draft copies of his contract to Members of Council, will meet with all Members of Council to discuss at a later date.

11:00 AM          WORKS MANAGER, Vernon Weppler [includes water/sewer report]

Reviewed his report with Council:  County tender prices for 1st Ave S project; progress on O.C.Long memorial; looking for fill for the medical clinic lot from local contractors, finish off with good fill; investigating Chesley pool water leaks, amount of loss required closure possibly for the whole summer, not possible to maintain chemical levels if it is open, lessons being offered in Tara for those who can get there, refunds for those who cannot, will call Clark Pools to investigate; double surface applied on Con 10 Arran; paving in Tara next week; weed spraying; SR 25 bridge delayed likely till next year as the Ministry of Natural Resources cannot do the fish study until August; request to purchase water not recommended by the Water Foreman, Council agreed not to sell it; Dawson house infested with carpenter ants, costly to eliminate, work needed to repair chimney as well;

Oswald reported that the sidewalk on the north side of the Chesley theatre needs repair, Weppler intended to include with downtown reconstruction; Riley also inquired about Rowe St sidewalk condition.

Reviewed the water/sewer report with Council in McLeod’s absence: 2006-07 inspection rating for water systems; future residential servicing needs in urban areas; Paisley WWTP aeration recommendation; tendering for next meeting for Paisley water tower painting; recommendation for Chesley water tower work for next meeting; Northview Crescent water and sewer mains constructed, testing in progress.

ACCOUNTS – were reviewed with the Works Manager prior to approval

CORRESPONDENCE – copy to all unless otherwise noted

1          REQUIRING ACTION

            1.1        Ron McLelland's Contracting – complaint re billing for ad in 2008 Community Guide which he did not order, still getting arrears statements

With no other information available, Council agreed to cancel the bill

            1.2        Municipality of Kincardine - requesting support of its June 18, 2008-04 resolution supporting the recommendations contained in the Report on Removing Barriers for International Medical Doctors by Etobicke-Lakeshore M.P.P. Lauren Broten, Parliamentary Assistant to the Minister of Health and Long Term Care.

Cumming reported that this arose at a physician recruitment meeting, discussion about sending a letter to the Ministry, she suggested that other municipalities may be supportive; Riley asked if Ontario has different rules than other provinces—yes, more stringent process

            1.3        Les Nichols, Source Water Protection – issue of compensation and news reports

2          INFORMATION ONLY

            2.1        Bruce County Planning Department – letters to residents

                        a)  Cuesta Planning Consultants re MacDonald & request for comments on OP amendment

            2.2        Ward & Uptigrove – pay equity and municipal employee benefits

Recommend reviewing our plan for related issues about vehicles

            2.3        Provincial Offences Court – notice that POA ticket 74498566 for animal at large has been quashed – no set fine entered

            2.4        Association of Municipalities of Ontario

                        a)  rural connections broadband program announced – County taking another look at this

                        b)  June 2008 board meeting

                        c)  Ontario municipalities meet the AMO 5000-tonne challenge

                        d)  integrated community sustainability plan tool kit

                        e)  free solar thermal heating system webinar

            2.5        Grey Sauble Conservation Authority

                        a)  pre-consultation for proposed plan of subdivision

Eagleson outlined the discussion from the meeting with the landowner and the planner last week.  Still dealing with outdated provincial policies which predate amalgamation with respect to what is urban and what is rural.

3          EVENTS

            3.1        Council & Staff BBQ – who is attending?

REPORTS OF MEMBERS – copies of any written reports to all

CHARLTON

Drove 14,000 km on his recent 12-day trip to the Yukon

HERRON

Nothing else at this time

RILEY

IPM update, Davis is one of the property judges who are out today seeing properties, just over 60 days till the match, properties being fixed up for sale in Paisley, this is the last Tuesday meeting to suit his treatment schedule

EAGLESON

Questioned the state of the Silver Star, confirm that it has been vacated, proceed with tank removal, decide how to dispose of the property following cleanup, suggests advertising how it will be sold, cleanup site debris

CUMMING

County is starting to work on the Queen St – Goldie St intersection/crosswalk;

She and Mayor met with parents re day camp in Tara, good meeting

Last week was Medquest for young people interested in careers related to medical care, conducted mock disaster exercise at Brucelea Haven, local students received awards

Had a site meeting at the medical clinic last week

Recreation information

            a)  quote for Resurfice conditioner repair – motion passed

            b)  McNabb Roofing – estimates for Tara arena faxed April 11, 2008

Eagleson would like more quotes, Roger McRae still working on additional quotes, contractors are reluctant to do oil & stone roofs anymore, leak caused by winter back-up depending on weather, no money to replace entire roof this year, should get on contractor’s schedule for another year, we have a number of properties that are expensive to maintain, Eagleson offered to follow-up on roof quotes with McRae—agreed by Council

            c)  Allenford Community Park ball tournament notice

            d)  Paying head lifeguards/instructors same as day camp supervisors

            e)  2M Sports – quotes for bases, ice line kits, etc

            f)  Chesley ball diamond complaint about conditions, will work in-house to correct the problems, bases are being left out overnight—deteriorate faster, will re-drag to remove stones, teams object to cancelling meetings for wet diamonds, may consider adding stone dust to firm up sand; has concluded the Department must set some rules, Brian McAllister has agreed to oversee the work

            g)  Arran-Elderslie Minor Hockey Association scheduling for 08-09 season, has arranged a meeting with them and Staff

            h)  Cattleman’s BBQ – stage to stay where it is, organization agrees to pay $1,000 this year but no contract signed, Cumming has confirmed this for 2008

Herron asked about finishing the painting in the Tara arena, he will contact Jim Driedger

OSWALD

List of his meetings and events attended, new ATM at Bank of Montreal in Tara, Brockton and South Bruce mayors running for warden this year, grant for locally grown food promotion program at the museum, hopes everyone has read the Municipal World article on succession planning

REPORTS OF MUNICIPAL OFFICERS – copies of written reports to all

1          Paisley Chamber of Commerce invoice for flower baskets – hold till actual flower invoices arrive

2          Analysis of mileage rates based on actual costs - Eagleson concluded that our current mileage rate of $0.40 is adequate to reimburse expenses

3          State of Tara day camp – Council approved the report

4          Treasurer's financial report to July 10, 2008

CLOSED SESSION

1          Immediate resignation for medical reasons

MOTIONS

Moved by:  R. Herron                                                      Seconded by: J. Riley

that, with respect to Minor Variance Application No. A-25-2008.49 by Brent Richardson, roll no. 490-1-21-02, we recognize the Planner's concerns but feel it is in the best interests of replacing an existing non-conforming building with a new structure to which the affected neighbour does not object.

                                                                                    Carried

Moved by:  P. Eagleson                                                  Seconded by: R. Herron

that, with respect to Richard Turner's development of the former factory property sold to Turner with the understanding that the Municipality would change the official plan and urban zoning, we act as the agent for both an OP and zoning change application at the Municipality's costs.

                                                                                    Carried

Moved by: S. Charlton                                                    Seconded by: R. Herron

that the Council of the Municipality of Arran-Elderslie instructs the CBO to issue building permits for the construction of two additional 3-unit senior's buildings on Dick Turner's property.

                                                                                    Carried

Moved by:  R. Herron                                                      Seconded by: S. Charlton

that, with respect to Project-BCH-08-12-Chesley of the county of Bruce, we approve the County's recommendation to accept the tender of Reeves Construction Limited in the amount of $1,361,429, excluding GST, with our share being $646,193.98, subject to actual construction changes which may be approved.

                                                                                    Carried

Moved by:  R. Herron                                                      Seconded by: J. Riley

that we approve the purchase of weed spray from  Sprucedale Agromart at $7.69 per litre plus tax (totalling approximately $5,380)                                                                          Carried

Moved by:  M. Cumming                                                 Seconded by: S. Charlton

that the Works Manager is authorized to have the carpenter ants removed from the Dawson House,

and that the chimney be restored as well for the quote of $8,900.

                                                                                    Carried

Moved by:  J. Riley                                                         Seconded by: M. Cumming

that we approve the recommendation to install a second aeration rotar in the Paisely WWTP at a cost of $10,000 to $12,000, this year, to be funded by the Paisley sewer reserves.

                                                                                    Carried

Moved by: R. Herron                                                       Seconded by: P. Eagleson

that accounts payable voucher #13-08  in the amount of $604,660.04 be paid.

                                                                                    Carried

Moved by: M. Cumming                                                  Seconded by: S. Charlton

that we do support the Municipality of Kincardine June 18, 2008-04 resolution supporting the recommendations contained in the Report on Removing Barriers for International Medical Doctors by Etobicke-Lakeshore M.P.P. Lauren Broten, Parliamentary Assistant to the Minister of Health and Long Term Care.                                                                           

                                                                                    Carried

Moved by: R. Herron                                                       Seconded by: J. Riley

that whereas we recognize that Source Water Protection Plans will result in potential land use restrictions and possible loss of property values for specific affected properties and businesses.

and whereas the effects of these plans are for the good of all Ontario citizens; the Ontario Government needs to establish a fair compensation system for these adversely effected land owners and businesses. 

now therefore we request that the Saugeen, Grey Sauble, Northern Bruce Peninsula Source Protection Committee accept and approve only a “Terms of Reference” that includes a specific mechanism to develop “compensation for land use restrictions”.

and further that they not accept the substitution of “financial assistance” in place of “compensation”.

                                                                                    Carried

Moved by:  P. Eagleson                                                  Seconded by: R. Herron

that, with respect to Bruce County Official Plan amendment application OPA 113-2008.49, by Gary MacDonald c/o Cuesta Planning Consultants, we support the re-designation from agriculture to rural to facilitate the severance of 2.98 hectares as previously applied for in applications B-47-2005.49 and Z-21-2005.49.

                                                                                    Carried

Moved by:  M. Cumming                                                 Seconded by: S. Charlton

that we have Resurfice overhaul and recondition the Chesley ice resurfacer before fall ice time.

                                                                                    Carried

Moved by: S. Charlton                                                    Seconded by: M. Cumming

that a by-law to amend the Municipal Code (smoke alarm & home escape planning program) be read a first and second time.                                                                            Carried

Moved by: M. Cumming                                                  Seconded by: S. Charlton

that the by-law to amend the Municipal Code (smoke alarm & home escape planning program) be read a third time, finally passed and numbered 22 - 08.                                        Carried

Moved by:  R. Herron                                                      Seconded by: P. Eagleson

that a by-law to impose rates in respect of money borrowed under the Tile Drainage Act be read a first and second time.                                                                             Carried

Moved by:  R. Herron                                                      Seconded by: P. Eagleson

that a by-law to impose rates in respect of money borrowed under the Tile Drainage Act be read a third time, finally passed and numbered 23 -08.                                         Carried

Moved by: S. Charlton                                                    Seconded by: J. Riley

that we go into closed session with the Clerk/CAO to discuss identifiable individuals.

                                                                                    Carried

Moved by: R. Herron                                                       Seconded by: J. Riley

that we return to regular session.                                     Carried

Moved by: S. Charlton                                                    Seconded by: M. Cumming

that we do now adjourn to the call of the Mayor.                Carried

Adjourned at 5 pm