Township loses at OMB over small extension

Jeff Green | Mar 05, 2014

Arlene Seale, who lives on North Shore Road on Loughborough Lake, has won her battle with South Frontenac Council and will be able to keep the addition she built on her home.

The decision was delivered verbally by the OMB (Ontario Municipal Board) adjudicator, former Peterborough Mayor Sylvia Sutherland, immediately after hearing evidence at the Sydenham town hall on February 19. A written decision will be released in the coming weeks

The dispute between Ms. Seale and the township's planning and building departments began when she asked former township building inspector Alan Revill if she could replace her porch with an enclosed porch, mainly in order to deal with a drainage issue off the roof above the front door to the house. Melting snow sometimes fell off the roof right in front of the door, and she was concerned about her safety.

According to her evidence to the OMB, Mr. Revill told her she could go ahead with the construction, and that since it was less than 108 sq. ft. the project would not require a building permit.

In June of 2012, the project was undertaken by Arlene Seale’s sons, but on June 27, 2012, Building Inspector Krista Johnson paid a visit to the house and said the project must stop as no permits had been issued. According to Arlene Seale’s submission to the OMB, Krista Johnson threatened to levy a fine of $50,000 for building without a permit.

Over the next year, a series of meetings and discussions were held between Seale and the building and planning departments of the township. In June of 2013, facing a demolition order, Seale applied for a minor variance to permit the now completed project. When the township denied the minor variance, citing the fact that the house is located on a narrow peninsula within metres of Loughborough Lake, Seale appealed the decision to the OMB.

“I am not that surprised at the outcome of the appeal,” said Lindsay Mills, the township planner and deputy clerk, when contacted this week

“The board ruled that even though she essentially turned her porch into an addition, she did so on more or less the same footprint as the original porch. I haven’t seen the written ruling yet so we’ll see then what the detailed reasons were. The matter is not exactly finalised. She can keep the addition but will have to hire an engineer to partially dig it up and ensure it is built on solid ground then submit a report to the township, and then she will need to purchase a building permit.”

Mills said that the ruling will not effect the township's planning rules or building department protocols in the future.

Arlene Seale must have been at a different hearing, because her recollection of what Sylvia Sutherland said in her verbal ruling differs radically from Lindsay Mills’ recollection.

For her part, Arlene Seale said this week that she is not aware that she needs to take any further action, and that Sylvia Suthereland “was adamant that everything was finalised and she even said the township is not to trespass on my property without prior written consent from me. She also ruled that the township has to pay my legal fees, which come to $7,000.”

Seale feels that the township's treatment of her was unprofessional.

“As far as I’m concerned this was a case of bullying all along from the township. My application was supported by the conservation authority, all my neighbours, and is similar to applications that they have approved in other locations.”

She said that once the written ruling from the OMB is released, she is planning to launch a civil suit against the council.

“I want to stop anyone else from having to face this kind of treatment at the hands of the township.”

see - 

South Frontenac Woman Headed To OMB Over 105 Square Foot Extension