Mark Kluge, Town Planner presented his Report, stating the purpose of the proposed Zoning By-Law amendment is to permit an expansion of a Legal Non-Conforming (residential) use and to permit a second driveway. He summarized the request for a Stage 1 Archeological Study received from the Mississaugas of the Credit First Nation and that he had not received a response to his inquiry regarding the necessity for conducting a Stage 1 Archeological Study. Mr. Kluge stated as this is a minor application to expand an existing home, he was recommending Council approve the proposed zoning amendments without the completion of the Stage 1 Archeological Study.
Mayor Soloman thanked Mr. Kluge for his summary and invited members of the public who wished to provide their comments to do so and requested they provide their name and address for the public record.
Ryan Smith, Agent for the Applicant, stated he was in support of the Town Planner's recommendation that a Stage 1 Archeological Study not be completed. He advised the project did not include any further excavation outside of areas that had been previously disturbed.
Mayor Soloman thanked the public for their comments and inquired as to whether Council wished to provide comments.
Deputy Mayor Rentsch inquired as to the Town's authority to approve the application without completing the Stage 1 Archeological Study requested by the Misssissaugas of the Credit First Nation and preferred the Town work with the indigenous community regarding the request.
The Town Planner stated he had attempted to work with requestor as his inquiry was to seek the rationale for the study and he has not received a reply. He explained the property is located in the floodway and zoned Environmental Protection. The Mississaugas of the Credit First Nation were included as a commenting authority as a result of this zoning. He advised that, had the property not been zoned Environmental Protection, a zoning application would not have been necessary and the project would simply have required a Building Permit. Mr. Kluge advised if Council's preference was to complete the Stage 1 Archeological Study, a decision on the application could be deferred until the study was completed and received by the Town, and if Council was to approve the proposed zoning amendments, without completion of the study, the Mississaugas of the Credit First Nation could appeal the decision to the Ontario Land Tribunal.
Councillor James Jonker stated he his preference was to approve the proposed zoning amendments and, the Mississaugas of the Credit First Nation could appeal the decision.
Councillor Lorne Dart inquired as to whether contact could be made with the Mississaugas of the Credit First Nation to advise a decision on the application was pending a response to the Town's inquiry for the Stage 1 Archeological study. Mr. Kluge advised staff could contact the Mississaugas of the Credit First Nation regarding the study and recommended Council deferred the application, with a provision that the Mississaugas of the Credit First Nation provide a response within the Town's Agenda deadlines for the application to be returned to the December 10 Council meeting for Council's decision.
Councillor Paul Latam inquired as to the request for a curb cut.
Joanne McGee, property owner, advised there is an existing curb-cut for a driveway at the front of the property, but there is no formal driveway at the front of the property.
Councillor Paul Latam inquired as to the need for a second driveway.
Ryan Smith, Agent for the Applicant, advised the front yard driveway would provide for greater accessibility and maintenance of the roadway and retention of the rear driveway would be used for additional parking. He advised it was in keeping with surrounding properties for a rear and front yard driveway and removal of the rear driveway would result in additional project costs.
Mark Kluge, Town Planner advised the applicant would be required to obtain entrance permits from the Town's Public Works.
Councillor Paul Latam stated he was in support of deferring a decision on the application to permit time for the Mississaugas of the Credit First Nation to respond to the Town Planner's inquiry regarding the Stage 1 Archeological Study.
Councillor Paul Latam inquired as to whether lot line exemptions were required. The Town Planner advised set-backs were within zoning requirements.
Councillor James Jonker inquired as to the need for a curb cut request if one already existed. The Town Planner advised a curb cut does exist; however, the driveway location in the front yard has been taken over by grass, with no presence of driveway. In accordance with the Town's By-law, only one driveway for each property is permitted and the Town has no records with respect to the rear-yard driveway.
Joanne McGee, owner, advised the rear yard driveway may have been permitted at the time the application for the existing garage was made approximately 20 years ago.
Mayor Soloman thanked Council for their comments and questions. He advised the applicants Council may defer its decision on the application to permit the Mississaugas of the Credit First Nation to provide comments regarding the necessity of the Stage 1 Archeological Study.
The Town Planner advised he would keep the applicant updated as they would be included in communications to Mississaugas of the Credit First Nation.