Conspicuously absent from Wednesday’s committee of adjustment meeting is an application for a controversial easement over a Penetanguishene Road property in Barrie.
“The committee of adjustment deferred the application (on Oct. 28),” said Coun. Clare Riepma, who represents this part of the city. “It is up to the applicant to bring it back to the committee with the answers to the questions that were raised by staff.
“When it comes back to the committee, the committee will give notice to everyone who has indicated an interest," he added.
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.
Riepma has said there appear to be unanswered legal questions posed in a city staff report.
Staff have said 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 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 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 2C Penetanguishene Rd. property 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.
Wednesday’s virtual committee of adjustment meeting is scheduled to begin at 5 p.m.
December’s committee of adjustment meeting has not been scheduled.
