Puslinch council has taken a hard stance to property owners who overstepped municipal zoning by having more than one home where only one is allowed.
As a result, legal action was taken to ensure that only one of three homes remain on the property owned by Ned and Lily Krayishnik.
Earlier this year, the OMB agreed with Puslinch in that the property should only have one home as per official plan.
The variance dispute between the township and Ned and Lily Krayishnik at 6643 Concession 2 involved two, then three dwellings on one lot, where there is supposed to be only one.
In 2007, the Krayishniks bought a rural lot that already had a house, constructed in 1975. They applied to build a new house, but since the township zoning bylaw has limits of one dwelling per lot, it requested a $5,000 security deposit to ensure the original house would be removed.
That home was not demolished, and years later (according to the OMB ruling), after being threatened with a lawsuit, the Krayishniks applied for a variance to allow two dwellings on the lot. By that time, the 1975 home had been converted into a duplex – without a building permit.
Township staff disagreed with the variance application, as did the committee of adjustment. The applicants appealed.
The Ontario Municipal Board ruled in favour of the township.
In the wake of that decision, council began exploring options to make certain only one of the homes remained on the property.
On June 20, the matter came up briefly regarding the Krayishnik’s request for an amendment to the zoning bylaw.
That was followed by a report from Hayes Murphy on behalf of the legal firm McElderry and Morris regarding the Superior Court Application regarding the Krayishniks.
Murphy stated that after the respondents were served, it was necessary to prepare supporting affidavits for the May 15 initial hearing. The solicitor refused that the matter be adjourned pending the Krayishnik’s application to rezone and amend the official plan.
The Krayishnik’s solicitor was advised that the township would consent to an adjournment of the application “if the respondents consented to an order being made that the duplex be vacated and court costs in the amount of $2,000 be paid forthwith towards the township’s legal bill.”
Murphy added the order to vacate will remain in place until the respondents exhaust their rights under the Planning Act.
Should the Krayishniks be unsuccessful in their rezoning, the present court application would be continued to a demolition order, Murphy added.
Puslinch Mayor Dennis Lever asked if the residence had been vacated.
Clerk Brenda Law said her understanding was that one of the units was to be vacant as of July 1 and the other by Sept. 1.
