South Frontenac Council - July 13/10

Jeff Green | Jul 15, 2010

Compromise Solution Rejected: Council in a snit over  deck.

At their meeting on July 6, Planner Lindsay Mills outlined a problem concerning an illegal deck in Bedford District. When a building permit had been issued for a waterfront lot on Concession 3, a special exemption had been made to permit constructing a residence closer to the water than the usual setback, due to the awkward terrain of the property.

At the time however, the permit had stated that no deck would be permitted on the water side of the house, as it would cut further into the remaining setback. The township recently received a complaint that a deck had been constructed, and dispatched a building department official to the property. An illegally constructed deck was found, one for no building permit had been issued, nor any request made for a permit.

The property owner asked for special consideration on the grounds that he now needed to use a wheelchair, and this deck made the dwelling accessible.

Planner Mills proposed that Council consider a compromise: a motion to allow the deck to remain on a temporary basis, permission to be renewed every three years, with the requirement that the deck be removed as soon as it was no longer needed for wheelchair access. He further recommended that a $2,500 deposit be required, to be returned to the property owners when the deck was removed.

Councillor Robinson objected to the deposit: “Aren’t we here to work for the people?” he asked.

Councillor Vandewal said he meant no disrespect for a person in a wheelchair, but he felt the builder had shown “sheer disrespect” for the township by disregarding the no-deck ruling, and building without applying for a permit.

Councillor John Fillion suggested the Township should ask its solicitor whether the need for accessibility would override the zoning act.

Council then voted on Mills’ recommendation, to allow the deck to remain on a temporary basis with a $2,500 deposit, to be returned whenever the deck is removed.

Councillor Robinson voted against the motion, then shortly after he asked to change his vote, on the grounds that although he was opposed to the deposit, he didn’t want the deck to be removed.

Mayor Davison ruled that once a council member had voted, and the next councillor had also cast his vote, no one could go back and change their vote by voting a second time. The motion to allow the deck to remain in place on a short-term basis was defeated.

Councillor Hahn made a motion to challenge the mayor’s ruling concerning Bill Robinson’s attempt to reverse his vote, “as a procedural matter.” This was defeated in a close vote.

Mayor Davison declared the issue closed: the deck would have to be removed.

At this point, Councillor Robinson asked to be excused, and left the meeting.

Further Business -

Council agreed to endorse New Tecumseth’s resolution which requests that children’s recreation programs be exempted from the HST.

Council passed a by-law to designate the property known as Green Bay Heritage Cemetery as having cultural and heritage value.

CAO Orr was congratulated on having completed his first year’s work for the township: “We feel you have done an outstanding job,” said Mayor Davison.