While a recent Ontario Municipal Board decision saw a collective sigh of relief from Puslinch township, councillors were equally adamant they do not want a similar situation to arise again.
The variance dispute between the township and Ned and Lily Krayishnik 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 OMB ruling noted the Krayishniks and their planner offered eloquent and practical arguments in favour of the variance.
But the member stated the OMB cannot issue a decision overtly contrary to the official plan that specifies what kinds of housing may exist in an area.
“This is not one of them.”
As such it cannot be maintained without an official plan amendment.
Mayor Dennis Lever said a number of Puslinch councillors attended the hearing.
Councillor Susan Fielding said, “I think all of us as a council and a number of residents were very concerned with what was happening with two homes on one lot.”
“I was glad the member of the OMB saw the township’s point. I think saner heads prevailed in the end. As a councillor I am still very concerned with what is happening on that lot.”
She felt there is no real answer “other than one of those homes needs to come down, and I’m quite willing to support that with whatever legal means – whatever we need to do to get it down.”
Fielding said, “This sets a precedent in the township and we need to show an example that it won’t be tolerated.”
She said there needs to be only one residence on the property – “as our laws permit.”
Councillor Jerry Schmidt wholeheartedly agreed.
“The OMB favoured us in their decision and moving forward we need to make a decision what we are going to do about it.”
Mayor Dennis Lever suggested council first meet with its lawyer to determine its legal options.
He, too, does not want to see two homes on one lot.
Councillor Wayne Stokely said the other issue is the township needs to tighten up some of its bylaws. “We’ve started that process already.”
He hopes the township will tighten up other areas to ensure this type of problem does not happen again.
Lever said the previous council had passed a stopgap measure.
“I’m concerned that in this case activities took place without building permits and we need to address that as well.”
Councillor Ken Roth said there was agreement to tear down the old house when the new one was constructed.
“I think we should hold them to that agreement – it’s pretty simple.”
