NF Council Rejects Another Zoning Request as Appeal is Launched for Lafolia Lane
It was Deja Vu all over again for North Frontenac Council.
Just as had taken place a few weeks earlier, for a property owner seeking to build on Lafolia Lane, on Palmerston Lake, Council again rejected a recommendation from their planner, Jenny Kapusta, at their meeting on December 12.
This time, they turned down a request for a zoning bylaw amendment to allow for construction of a a seasons dwelling on a lakefront property.
This time the application was for the construction of a single-family cottage on Ardoch Lake. The property, which was purchased in 2004, has been the site of a family camp ever since, and the applicants told Council that they were getting older and now want to put in a cottage. Because of the nature of their lot, the only location that is suitable to build on, is located less than 30 metres from the high-water mark of the lake, hence the need for a zoning bylaw amendment.
The property also abuts the township-owned Ardoch waste site property, and while the waste site is closed currently, it still has the capacity to accept more waste, and the township is seeking to get the site back up and running, not for public use but to accept waste collected by the township at other sites and trucked over. This plan is pending approval from the Ontario Ministry of the Environment.
One of the issues with the application that led to it being rejected by Council, was this proximity to the potentially active waste site.
Both Jenny Kapusta and Public Works Manager, Darwyn Sproule, said that sufficient mitigation is in place to build at that distance from the waste site, and water flow studies have been completed to confirm that. A new test well will be necessary at that location before the waste site can re-open, but Sproule said it will be necessary whether there is a residence at that location or not.
The 120-metre distance between the building window and to the limits of any potential active landfill, is sufficient according to the township’s zoning bylaw.
But, Mayor Lichty and Councillors Good and Hermer, said they were concerned that at some point in the future the township could be exposed to potential liability if approval was given and a dwelling constructed on the site.
Council rejected the proposed amendment, in a 5-1 vote, with Councillor Inglis casting the only yes vote.
This was the same way the vote on the previous Palmerston Lake vote went in late November, and in that case it was also Councillor Inglis who cast the only yes vote. Councillor Regent was absent on both occasions.
The Lafolia Lane Appeal
The Hall family have appealed the Council decision of November 21 to the Ontario Land Tribunal (OLT) about their property on Palmerston Lake at Grave Point off Lafolia Lane.
. In their statement of claim, they note that they made 13 submissions in support of their appeal, including letters of compliance from two provincial and one federal ministry. The appeal also makes note of the stated reasons for refusing the application by members of council, at that November 21 meeting, and makes 5 points to support the Hall's claim that the township's reasons are, as the appeal states, “either unsubstantiated or incorrect”.
The appeal also notes that the township planner “recommended approval for both applications” but does not include that as a substantive reason for the appeal.
The appeal provides ten reasons why the decision should be over-turned, including how the application is consistent with 22 sections of the Ontario Provincial Planning statement,10 sections of the Frontenac County Official Plan, and 16 sections of the North Frontenac Official Plan.
The appeal says that Council's concern that approving this application would have set a “precedent” that could hamstring future efforts by Council to control inappropriate development applications, is “not an appropriate consideration at all because all applications must be considered by Council and the Tribunal on their individual facts and merits.”
The Hall's paid $2,200 as an appeal fee to the OLT, and will also have to pay legal fees, and any extra planning fees that may be necessary to support their case.
The township will be required to use an outside planner to support their decision to the OLT, because their own planner supported the proposal and will need to cover their own legal fees.
Joe Gallivan, Director of Planning at Frontenac County, reported to the Frontenac County Economic Development Advisory Committee that the application required over 400 hours of staff time for his office. Frontenac County provides planning services to North Frontenac, under a contractual arrangement. Based on a per hour rate charged to the township for planning services, this resulted in over $50,000 in billing to North Frontenac. The cost of legal and planning fees to defend Council's decision at the OLT will be on top of that.
The township charges a flat fee to residents for zoning bylaw and official plan amendment applications, $2000 for an Official Plan amendment and $1,500 for a zoning bylaw amendment, according to the schedule of fees posted on their website.
While he would not comment on the township's decision, Gallivan said that planner “Jenny Kapusta did very good work on this file and spent a considerable amount of time considering the specifics of both the lot and the lake.”
Whatever the outcome of the OLT process, which could include mediation, the Lafolia Lane project has proven to be an expensive one, for both the township and the Hall family, and more money will be spent in the coming months by both parties.
