30 Metre Setback Appeal Delayed

Jeff Green | Feb 03, 2017

A coalition of waterfront residents have had their day in front of the Ontario Municipal Board (OMB) delayed. The group is appealing a change to South Frontenac Township’s Official Plan that they say will unfairly limit their ability to improve their properties.

Last summer, at the behest of Planner Lindsay Mills, Council passed an amendment that limited the ability of so called grandfathered properties to obtain permits for work on their buildings. These properties contain buildings that are located within 30 metres of the high water mark on township lakes, the minimum setback for buildings according to the townships Official Plan (OP) which was established in 2002. At the time it was one of the most restrictive plans in the Province, and since then the 30 metre setback has become a provincial standard. Properties with buildings already in place when the Official Plan was enacted are considered “legal non-conforming” or “grandfathered”. They are legal because they were legal when built, but could not have been built under the current OP. As these buildings age, owners seek to keep them viable by working on them, and that is why new restrictions on the ability to improve these buildings have sparked an appeal to the OMB.

When introducing the change, Mills told Council that he did not see a huge issue, since residents will be able to seek a minor variance to get a building permit, and the Committee of Adjustment has a history of working with residents to allow for any reasonable proposal to get the go ahead. Opponents worry, however, that this might change in the future and would prefer clear rules about what is permitted and what is prohibited.

In announcing the delay in the appeal hearing, which was set to start today (February 2) the OMB gave no explanation as to why the hearing has been adjourned at this late date. In an email to members of the group and supporters, group member Jeff Peck said he “does not have all the information as this time, however, I have been led to believe that the delay is the result of SFT [South Frontenac Township] not meeting some notice requirements.”

Peck added that he is disappointed because the group was “excited to finally get the opportunity to present our case. More on this story as it develops.