July 20, 2016
Dear Mr Mayor and Councillors
Re: Building Permit 14-124 at 944 Is 3420, Georgian Bay
I am writing to address a matter that concerns our community at Go Home Bay. In particular,
the matter relates to the Township’s previous issuance of a building permit to a member of our
community which did not comply with the zoning by-law. Afterwards, the Township made a decision that effectively reduced the scope of the work completed under the original permit without addressing all zoning by-law infractions but no reasons for this decision were communicated to our community. Because of this, the board of directors of our Club decided that it was important to communicate to you that this has created friction and a difficult situation for all members of our community.
As I believe you know, the official plan and zoning by-law that affect our properties at Go Home Bay were previously completed with extensive input from and consultation with members of our community and with the Township. The land use provisions contained in the official plan and zoning bylaw are, as a result, important to all of our members. Our board of directors believe that the official plan and zoning by-law are in place to make sure that people are treated fairly and equally in our community (i.e., that people in like situations are treated alike). We believe that if a member of our community applies for a building permit and the proposed works do not comply with the zoning by-law then, as a matter of fairness to everyone, the building permit applicant should apply for a minor variance before the proposed works are authorized by the Township. The hearing for the minor variance then provides
the building permit applicant and all members affected by the proposed application with the
opportunity to openly explain their needs and concerns and receive a public decision from the Township that justifies either the granting of the minor variance or its denial. This system helps ensure that everyone feels that they are treated fairly and equally in the process.
However, if a building permit is issued that does not comply with the zoning by-law, then this
situation can lead to friction and hard feelings for our members. The building permit applicant will feel unfairness because they have undertaken work at their property in reliance on the permit only to discover that the work does not comply with the by-law. Other members who are affected by the works may feel unfairness because everyone has not been treated alike in the building permit application process and there is no open forum to communicate these concerns to the township. As a board of directors for our Club, we have a concern for all of our members and we try our best to take all of these concerns into account in making our decisions.
If the Township makes a decision that fails to alter the parameters of an issued building permit
to comply with the zoning by-law without communicating the reasons for that decision to our members then we, as a board, are placed in a situation where we cannot explain to our members whether we believe the decision was fair and reasonable or not. We are placed in a situation where it is difficult to try to reduce friction and hard feelings in our membership because we have no information to explain the basis for the township’s decision and we do not have all necessary information needed to make decisions concerning the matter.
The reason, therefore, that we are writing to you is to candidly and openly express our
dissatisfaction and concern over how the matter was handled by the township. It is equally as
important to request that the township carefully review all future applications for building permits to ensure that such proposed work complies with the zoning by-law because we do not want our members to find themselves in a situation where they feel unfairly treated in the future.
Respectfully,
Kelly Killoran, President
cc. Members of the Madawaska Club of Go Home Bay
Madawaska Club of Go Home Bay