KENILWORTH – A minor variance has been approved to allow an existing house and detached garage in Kenilworth.
The buildings at 129 Parker Dr. do not meet the nine-metre rear yard setback required in the zoning bylaw.
The house is less than six metres away from the back property line and the garage 6.3 metres.
Wellington North council approved the minor variance at a committee of adjustment meeting during a regular meeting of council on Aug. 25.
Township planner Jamie Barns said the 0.66 acre lot is “quite shallow and … irregular in size.
“Overall, planning staff are of the opinion that the variance requested is minor and is an appropriate use of the lot,” he said.
Derek Small, whose farm the Parker Drive property backs on to, voiced concerns about the variance.
“This property has been built and lived in for many years,” Small said, expressing confusion about why a variance request is coming forward at this time.
Building location surveys are submitted after buildings are constructed, said chief building official Darren Jones, and in this case that survey showed the rear yard setback deficiency, triggering the minor variance application.
“Is the homeowner facing fines or penalties as a result of the infraction?” Small asked.
No, Jones said, “there is no penalty other than having to file the application and pay the fee. And the applicant runs the risk of this variance not being approved.”
There is storm water drainage infrastructure between the Parker Drive property and Small’s farm, on a six-metre strip of land owned by the township.
Small asked if the buildings impede or restrict the maintenance of the drain, and Jones said, “We don’t believe that this application would have any effect on the storm water management of the property.”
If the buildings do cause issues with water management, Small requested “any and all excavation and repair work be done on that side of the property as opposed to my property,” and for that to be noted in the variance approval.
“No, the committee of adjustment doesn’t have that power,” Jones said.
It shouldn’t be necessary though, he noted, as the six-metre strip should be sufficient for any maintenance.
Councillor Lisa Hern asked what protections would be in place for the Small property, if the variance was approved.
“It doesn’t seem minor to me,” she added, as there are cattle just 20 feet away from the buildings. “This is prime agricultural land – silt loam, good drainage.”
She asked about putting protections in place to prepare for potential conflict, “because I could see conflicts arising being 20 feet away from cows. Or any other potential activities that he could have there – spreading manure, flies, all sorts of things.”
“We do put provisions in our subdivision agreements that require acknowledgement by purchasers that they’re purchasing a lot within a rural area and that those come with odours and noises,” Jones said.
Wellington County development planning manager Curtis Marshall noted the buildings are about 12 metres away from the farm property, as they are six metres away from the back of the Parker Drive property and then there is the six metre township property between the two.
Combined, that’s more than the nine-metre setback the bylaw requires, Marshall noted.
Hern asked what would happen if the variance is not approved.
“The applicant would have the opportunity to appeal the decision and that would be heard by the [Ontario Land Tribunal] or the township would need to take legal action against the property owner to have the home and the detached garage removed,” Jones said.
“That’s a very irregularly shaped lot,” noted Mayor Andy Lennox. “Was there ever room enough to put a house on it and meet the requirements?”
“Absolutely,” Jones said. “The building was shown with their application on a lot grading plan prepared by a surveyor and it met all the setbacks. It just wasn’t constructed in accordance with the plans.”
Lennox asked if the grading would still be appropriate to manage the stormwater.
Jones said, “The surveyor has signed off on the grading plan, saying its in general conformance with the overall plan.”
