Unanswered questions and significant opposition helped delay a decision on a controversial easement over a Penetanguishene Road property in Barrie.
The city’s committee of adjustment deferred a ruling until a future date after more than 40 people registered to speak at Wednesday evening’s virtual meeting.
The easement has become an issue because it could lead to more waterfront residential development along the North Shore Trail.
An easement is a right to cross or otherwise use someone else’s land for specific purposes; in this case, the easement would be over 2C Penetanguishene Rd., for access to 161 Shanty Bay Rd.
“Deferring the decision on the application was appropriate given the significance of the request and the very short notice of four business days for the general public to submit written comments,” said Geoff Hicks, who lives at 191 Shanty Bay Rd.
“It has been suggested that the process taken was ‘backwards’ and if the applicant wished to proceed, a request for rezoning, council, planning committee review and a public meeting would allow a full, fair and open review of the application," Hicks added.
Coun. Clare Riepma, who represents this part of Barrie, said there could be other reasons.
“There appear to be a lot of unanswered legal questions that have to be addressed first,” said the Ward 1 councillor. “Yes, there were at least 40 people wanting to speak. That tells you that there is significant opposition to the proposal. I don’t think that played a role in the deferral.
“The staff report raises a number of questions that need answering first.”
City staff say it’s unclear if this easement application is for legal road access for future development, or for road access for the current use of the property. In the absence of this clarity, staff say, the application is premature until the application’s purpose is confirmed by the applicant.
So staff have recommended the application be deferred until the easement’s purpose is clarified and legal access to 2C Penetanguishene Rd., and 161 Shanty Bay Rd., has been properly investigated, so that staff can fully evaluate the application.
The application was submitted to establish a vehicular access easement over 2C Penetanguishene Rd., to 161 Shanty Bay Rd., which only has water access. The proposed 6.1-metre easement would mirror the existing electrical easement.
In January, a pre-consultation application was submitted for 161 Shanty Bay Rd., to consider a rezoning application for the future residential development there. It was through this process that planning staff identified that an Official Plan amendment and a rezoning would be required, along with an easement to establish legal access to 2C Penetanguishene Rd.
Both properties are designated and zoned open space in the Official Plan and Comprehensive Zoning Bylaw; this permits active and passive recreational uses such as environmental conservation, natural restoration and enhancement activities, playgrounds and a boathouse.
The property at 2C Penetanguishene Rd., has a single detached residential dwelling that’s considered a legal non-conforming use. An existing boathouse is located on 161 Shanty Bay Rd.
Riepma has said the land should be rezoned before an easement is granted, or that the city should buy this property. Since it’s zoned open space, even if access to it (an easement) is granted, there would need to be a rezoning application to allow residential development, a public meeting and approval at planning committee and city council.
The application was received from Innovative Planning Solutions, care of Cameron Sellers for Bob Graves, under the Planning Act.
Graves could not be reached for comment Thursday.
Riepma said no date has been set for this matter to be reconsidered by committee of adjustment.
