This article was previously published on StratfordToday.
A local homeowner said that he will be going to the Ontario Land Tribunal after Stratford city council denied his request last night.
Tom Drake is the owner of 386 William St. Since 1990, he has been trying to build a home on the back half of his property, sever it, and sell it, though to do that he needs street access onto Joffre Street, which his property backs onto.
The problem he has run into is that there is a parcel of land in between Drake’s property and Joffre Street owned by the city as a land reserve. Despite multiple requests over the years, he has not been successful in gaining access.
On Monday night, council again narrowly denied his request, retaining the land reserve.
“My property is totally ruined,” Drake said, pointing out that he has been trying to build and to landscape in his backyard but due to external factors, like a lack of rear access, he could not finish. “I couldn’t even sell it.”
Robert Ritz, a friend of Drake's and a local architect, presented on his behalf, arguing that previous owners from 1955 to 1990 had already used the rear lot for access onto Joffre Street and that precedence has been established.
City staff, on the other hand, argued in their report that the potential use of the property by the applicant would “unreasonably interfere with the city’s ongoing use of the property.”
At the March 25 infrastructure, transportation, and safety committee meeting, Taylor Crinklaw, director of infrastructure services, explained that the city uses it for snow storage when plowing the street and because of the layout, not using it would be an unreasonable request for staff -- the cul de sac is quite small, compared to other similar cul de sacs in the area.
At the Monday meeting, Ritz further said that council should follow the Official Plan (OP) and the Provincial Policy Statement (PPS) and allow Drake’s request, saying that both these documents support Drake’s request.
After Coun. Larry McCabe asked about that comment, Adam Betteridge, director of building and planning, said that he did not agree.
“The Provincial Policy Statement isn’t intended to get so into finer detail in regards to the severance of a rear lot where there’s a municipally owned portion of land that acts as a reserve,” Betteridge said. “If the PPS is to promote housing, there’s an ability to provide housing on the property without severance … as an example.”
As discussed at March’s committee meeting, Drake may still be allowed to build a dwelling on the property, but he would not be able to sell it as a separate home, rather to rent it out.
On Monday, Drake’s request was denied in a recorded vote, as staff recommended.
Couns. Cody Sebben, Lesley Biehn, Geza Wordofa, and Bonnie Henderson opposed staff’s recommendation.
Couns. McCabe, Taylor Briscoe, Mayor Martin Ritsma, Brad Beatty, Harjinder Nijjar, and Jo-Dee Burbach supported the motion.
Coun. Mark Hunter abstained from discussion and voting, citing a pecuniary interest. Although he stands not to profit off of the decision, he said that he is a neighbour and there has been a history of conflict.
Sebben said that he supports intensification and that the request made was “reasonable.”
Likewise, Biehn said that she opposed staff’s recommendation because there is a difference between having the ability to sell the property and being forced to be a landlord.
