Dam warns council of OMB appeal regarding decision

A Wellington North resident is again taking the township to task for what he considers improper council procedures.

Jens Dam made council aware he plans to launch an Ontario Municipal Board (OMB) appeal of the way the township handled an information meeting on Monday evening when it dealt with “housekeeping” amendments to its comprehensive zoning bylaw. Dam contends the township should have held an information meeting on the proposed changes, but had not done the necessary preparations to host a public meeting needed as part of the process to eventually pass the amended bylaw.

“If it goes ahead without doing it properly I (will exercise) my right to take it to the OMB,” Dam told council. “You’ve got to have the proper time for hearing the material for the public meeting.”

According to Dam, the planning act requires information about pending changes be made available to the public 20 days prior to a public meeting. The resident said he went to the township office twice to get a copy of the material being considered for changes, but was told it was unavailable.

Chief administrative officer Lori Heinbuch said after the meeting the requirements pointed out by Dam did not apply because they dealt with official plan amendments. Dam has previously been successful in having council rescind a new development charges bylaw after he won an OMB appeal on how the bylaw was passed. The issue dealt with council’s failure to follow proper procedures.

The issues raised by Dam will be taken in as part of the information gathered through the process, Heinbuch said.

Township planner Linda Redmond presented the changes being considered in a report to council on Dec. 17.

“The comprehensive zoning bylaw for the Township of Wellington North was adopted in 2001,” the report stated. “Since that time we have tracked areas of the bylaw that could be improved, refined or clarified.”

Redmond said Heinbuch was consulted in the process that resulted in the amendments.

“The main changes proposed through this housekeeping amendment relate to typographical inaccuracies and wording clarification,” the report stated. “However, there are other proposed amendments to change selected mapping, parking regulations for street townhouse uses, kennels and accessory structures.”

Council has faced several applications asking it to allow structures over 1,000 square feet on one-acre properties. The proposed bylaw will allow gradual increases in building size of 100 square feet with each property increase of an acre.

“We’re hoping that will eliminate some of the variances we are getting,” the planner said.

The bylaw also makes regulations for kennels, foundations for modular homes, outdoor displays and townhouse parking clearer.

Redmond said some of the changes will need further review.

Mayor Ray Tout said council will continue to discuss the amendments early next year before passing the bylaw.

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