While not uncommon, an interesting instance of a township against itself took place in Tiny Township at its recent council meeting.
As a matter of consideration, Coun. Dave Brunelle asked for clarification on a seemingly-contradictory recommendation by staff that council needed to make a decision on that evening; a property at 9 Monica Rd. had approached the committee of adjustment in 2023 requesting approval on four minor variances.
Acting director of planning and development Kathy Suggitt, of MHBC Planning, agreed that the matter was slightly confusing.
“Planning staff had evaluated each of the variances that were being requested, and in fact supported them in accordance (with tests) under the Planning Act,” Suggitt explained, adding that from an advisory professional planning standpoint, the requests were deemed supportive.
However, one aspect being requested was for a reduced minimum setback to 24.5 metres, normally set at 45 metres, to the 178-metre elevation of Georgian Bay – otherwise known as the high water contour used to distinguish Tiny Township’s shoreline in matters of development.
Reasons for the committee of adjustment’s refusal included the variance not keeping with the general intent of the township’s official plan or shoreline-designated zoning bylaw, not being a desirable appropriate development for the lot, and not being deemed minor in nature.
“The committee chose not to support one of the requested variances, and as a consequence the applicant has appealed that to the Ontario Land Tribunal. It puts us in an awkward situation in that township planning staff had recommended approval; the committee denied one of the requested variances.”
Tiny instituted a rare one-year interim control bylaw last May as an attempt to halt contentious beach development while a shoreline alteration bylaw could be worked on, with implementation expected in early 2024.
When Deputy Mayor Sean Miskimins asked if the interim control bylaw was the cause of the refusal by the committee of adjustment, Suggitt stated that “there were aspects” on how it factored, “as well as the appropriateness of allowing a variance to a particular setback in advance of a development actually being proposed on the lot that they were seeking the variance for.”
Mayor Dave Evans explained to chamber attendees that while the majority of Tiny Township operates on municipal rules, the planning department located in the same building was bound to the Planning Act set by the province.
“These things sometimes do happen,” said Evans, “in case you were wondering why it seems like a funny solution that we’re not all on the same page here. It’s not a bad thing, but I’m not in favour of it.
“This is a direct attack on our interim control bylaw, and the direction that we have to preserve and have the right to regulate shoreline development.”
Evans added that ensuring environmental and land management in Tiny for future generations was council’s intent. “I do not see any reason why we should not contest this and ensure the viability of our interim control bylaw (for the future).”
Council approved a motion to take an active role in the OLT hearing, during which some laughter was shared by attendees due to double-negatives in particular wording of the decision.
Information on setbacks to the 178-metre elevation of Georgian Bay, as well as the interim control bylaw from May 2023, can be found on the beach construction page of the Tiny Township website.
A planning and development report on the Ontario Land Tribunal appeal for 9 Monica Rd. can be viewed on the agenda page on the Township of Tiny website.
Archives of council meetings are available to view on the Township’s YouTube channel.
