Today’s secondary editorial in The Guardian picks up on a short aside I made in my previous post; the granting of a variance for the deck on Olde Brighton Lane sets a very bad precedent, and will make enforcement of our bylaws more difficult in the future. Why bother getting a building permit if you can just go ahead with your project and get it rubber stamped by council after the fact? I’m confident this variance would not have been granted if the application had been received prior to construction. The deck extends to within one foot of the neighbouring property, where the bylaw requires almost ten feet. The rear set back is also exceeded. The residents of the area clearly opposed this. Council simply did not have the stomach to order the deck removed (or corrected) once it was in place. It’s worth pointing out The Guardian editorial is inaccurate on at least one important point:
Melanie MacDonald had requested a side-yard variance to permit a deck at her home at 15 Olde Brighton Lane. However, before the permit was granted, construction proceeded, to the objection of area residents.
MacDonald did not apply for a permit prior to beginning construction. The deck was in place for at least a month before a city planning officer noticed it and forced her to seek approval.
Rob,
Unbelievable. The setback is supposed to be 10 feet and the deck is within one foot of the neighbouring property line? That’s just not right, and kudos to Kim Devine for bringing it forward. The deck should be demolished. What about the right of the neighbouring property owners to enjoy their property?
On another note, I can understand why you were asked to recuse yourself from the vote, as you are directly impacted by the issue. However, your neighbours should turn out in full force to ask for this issue to be reconsidered. The decision was neither right nor fair.
May I ask whether Coun. Melissa Hilton ever recuses herself from discussions on pesticide use given that her husband (and herself, I believe) is in the business?
Reconsideration is an option, but it has to be initiated by an “aggrieved person”. I’m not sure sure if residents are willing to pursue it further. Today is also the 21st day after the decision, which is the final day for any request for reconsideration.
Councillor Hilton does recuse herself from all discussions of pesticides.
Rob,
Is it possible for a resident to get information about what items are up for discussion backgrounders prior to a council meeting? That may allow local concerned residents to get together to make a presentation to council when the item comes up for discussion. It also would allow residents just interested in local politics some heads up as to when things are on the table.
This is a great suggestion. I think the agenda and resolutions for our monthly public meetings should be published ahead of time. I’ll look into it.
Rob,
I was a municipal reporter in an Ontario community and the agenda and resolutions were, as you propose, available ahead of time. The reporters also received backgrounders. Residents could also receive the backgrounders on request. It was amazing how that little extra bit of communication from council encouraged people to be involved and responsive to their city council. It would be great if the agenda and resolutions could also be made available online prior to the meeting.