Zoning Exception granted to prevent development constraints

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by Rachel Everett-Fry, Local Journalism Initiative Reporter

At a public meeting on June 9, the Municipal Council agreed to amend zoning for a property on Bedell Road, once part of the Kemptville Campus lands, to allow for the construction of a single detached dwelling.

The property, a triangular piece of land on the south side of the CP rail line, presents a number of unique challenges. Director of Planning and Development Amy Martin presented the applicant’s case to Council, stating that the property is “constrained from a development perspective.”

Firstly, as former Kemptville Campus property, it is zoned as Institutional land. The applicant proposed rezoning to an Agricultural Exception zone. Doing so would permit for the construction of a single detached dwelling, while remaining in keeping with underlying land designations.

Secondly, the unique size and shape of the property requires a zoning bylaw amendment to change the setback requirement from principal railways from 100 meters to 30 meters. The frontage of the lot is less than 100 meters wide, and current Municipal bylaws require a 100 meter setback from principal railways. Director Martin noted, however, that the Federation of Canadian Municipalities (FCM) has a minimum recommended setback for residential uses: this is to say, that from a safety and developmental point of view, a 30 meter setback is adequate.

Councillor Kristin Strackerjan wondered for what “particular reason” North Grenville setback requirements are so much greater than the FCM recommendation. Director Martin clarified that “in 2012, the zoning regulations were amalgamated between the various municipalities within North Grenville into the Comprehensive Zoning By-Law. My understanding is that the provisions that, I think originated in South Gower, made their way into the Zoning By-Law, whereas if we were under the old Oxford-on-Rideau zoning bylaw, this wouldn’t even be a consideration.”

Director Martin advocated for the applicant, stating there are precedents in, “recent history” in which the Municipality has, “allowed for a reduction on lots of record where that 100 meters setback completely sterilized the lot from development.” Deputy Mayor Jim McManaman noted the recent example of a property on Scotch Line Road, and Councillor Doreen O’Sullivan also noted that there are a number of homes at the back of Victoria Park that are likely only around 30 meters from the railway. Director Martin recommended approving the applicant’s rezoning proposal, and Council unanimously agreed with her.

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