By Pepper Parr
BURLINGTON, ON. April 23, 1013. It’s always difficult for someone serving the public to do something that the public being served doesn’t like. That’s the situation Ward 4 Councillor Jack Dennison feels he is in and so he has pulled together all the data and will talk to anyone who wants to listen.
Ward 4 Councillor Jack Dennison has spent a considerable amount on restoring the house he own on Lakeshore Road. He now wants to sever what is a very large lot and create a separate property on the east side – which is the side shown in this photograph. His neighbours, the people who elected him to office, would rather he not do that and plan to oppose his application at the Committee of Adjustment.
Dennison wants to sever the property he owns at 3083 Lakeshore Road. It is a very large property with a house that was going to be demolished. Dennison bought it under a power of sale and has spent a considerable amount refurbishing the building that has been designated to be of historical interest.
Dennison has obtained permission to put an addition on a designated property. He had to go through a number of hoops to get that permission. Note a thin black vertical line on the structure which indicates what is being added. There will be a deck atop the addition as well as a deck atop the two car garage that extends back from the house. The structure at the rear of the property is NOT what Dennison wants to add to his property. The severance he is seeking is to create a 56ft 3 in lot on the east side, that is to the right of this illustration
Dennison has no intention of taking down the historical building – indeed he intends to add to the building, considerably and in order to be able to do so Dennison wants to sever a portion on the east side of his property and create a lot on which another house will be built. He will sell the new house and use the proceeds to pay for the upgrading of the historically designated building.
Earlier in this process Dennison had said family would live in the new building which is to be in the 2000 sq. ft. range. Dennison’s children do not live in Burlington and his mother lives in the house with Dennison and his partner.
The Roseland Community Organization (RCO)didn’t want to see that happen. Their view is that allowing Dennison to sever the property on Lakeshore will create a precedent, and before you know it Lakeshore will become a road with nothing but small lots.
It is difficult to understand the detail on a map this small. Dennison points to three lots east of Brookfield on the North side of LAkeshore Road that are 52 feet wide. He points to 3195 LAkeshore, west of Brookfield where there is another 52 foot lot. Two lots to the east of Dennison there is a 66 foot lot. Dennison wants to sever and create a lot that is 54 feet at the front, widening to 56 at the rear. The Dennison lot is very deep. On the south side of LAkeshore Road there are two lots that are 52 and 55 feet wide.
Dennison argues that there are already a number of lots smaller than what he is proposing on Lakeshore Road. Dennison will take his desire to sever his lot to the Committee of Adjustment and make his case at that level.
Wee bit of a problem at that level. Former Ward 2 Councillor Peter Thoem sits on the Committee of Adjustment where he does a good job. Thoem was appointed to that Board by the city council Dennison sits on. Some feel there might be a link there – if you think that, you don’t know Peter Thoem: pretty straight guy more than capable of making a decision that will follow the rules.
Thoem could, if he wishes , recuse himself from that hearing. He could just stand down and declare there might be a perceived bias.
The RCO is pretty pumped as an organization these days. There was a request to sever a piece of property on Hart Street that they took to the Ontario Municipal Board (OMB) where the community won. The Hart Avenue case is not the same as Dennison’s case on Lakeshore Road.
Dennison does have a bit of a problem with the neighbour on the east side of his property – which is the side the severance is to take place on. The new house has the potential to impede both the privacy and the view, such as it is, of the neighbour next door. Dennison says he will be putting in 25 foot cedars that will screen the new house from the neighbour.
While there is no plan or even a suggested positioning of the new house on the lot, Dennison would argue that he doesn’t have to show anyone those plans at this point in time.
Right now he wants permission to sever the existing property. Once he gets that severance – he can then begin to design the house that he wants to build and determine where he will locate it on the severed property.
Committee of adjustment is a significantly different process. It is really one that has neighbour against neighbour and at times feelings can run quite high. The Committee of adjustment has very clear rules on the hurdles that an applicant must get over. And each member of the Committee must explain, in public, how they measured the application against the rules. They must answer yes or No to four questions:
DOES THE PROPOSED MINOR VARIANCE FROM THE ZONING BY LAW MAINTAIN THE GENERAL INTENT AND PURPOSE OF THE OFFICIAL PLAN?
DOES THE PROPOSED MINOR VARIANCE FROM THE ZONING BY-LAW MAINTAIN THE GENERAL INTENT AND PURPOSE OF THE ZONING BY-LAW?
IS THE PROPOSED MINOR VARIANCE FROM THE ZONING BY-LAW DESIRABLE FOR THE APPROPRIATE DEVELOPMENT OR USE OF THE LAND, BUILDING OR STRUCTURE?
IS THE PROPOSED MINOR VARIANCE FROM THE ZONING BY-LAW CONSIDERED MINOR IN NATURE?
The report they produce is exhaustive in detail. Part of the reason for that is the applicants have the right to appeal the Committee of Adjustment decision to the Ontario Municipal Board if they do not get what they wanted. And, those opposed to the application can also go to the OMB if they feel Committee of Adjustment got it wrong.
Jack Dennison has always done it his way. He is entrepreneurial in nature, he loves the deal and knows how to work the angles. He has put a ton of money into what was once an old house close to being torn down and brought it up to standard and is proud of what he has done but he would be quite happy if the city took the Joseph Brant Museum put it on a raft and floated it out on the lake then set it on fire. Conflicting view – that’s Jack Dennison.
Will the Dennison case go to the OMB – depends on the mood of the RCO types. They won the Hart Avenue case and they may feel pumped enough to believe they can win should it come to that on the Dennison matter.
Dennison fought hard to have bike lanes created on LAkeshore Road. He lost that battle but firmly believes there will be a day when the lanes he wanted to see put in place will be there and the Road will be shared by vehicles and bicycles. He shook up his constituents with what he believed was right. Will they forgive him?
The facts suggest that Dennison has a case on the severance he wants.
The bigger picture is – having decided to fight his constituents – can Jack Dennison get re-elected? Does he want to get re-elected? Will he even run for office in 2014?
