Owen Sound Committee of Adjustment Meeting Transcript — April 7, 2026

00:00:09 Brian Green: Good afternoon It is two minutes after one o'clock I will call the meeting to order I'd like to welcome everyone to these hearings today The Committee of Adjustment is appointed by Council to consider consent applications and applications for minor variances

00:00:25 Brian Green: to the Zoning Bylaw Please be advised that any applicant agent that is in attendance today Today's meeting for a specific application may leave the meeting once the application has been considered by the committee

00:00:39 Brian Green: Any applicant agent or member of the public wishing to address the committee for a specific application is reminded that presentations are limited to ten minutes per person

00:00:50 Brian Green: Are there any additional items for the committee members or staff

00:00:54 Brian Green: Seeing none

00:00:56 Brian Green: do any committee members have an interest arising out of the minutes from the last meeting or listed on the agenda If so please state the general nature thereof

00:01:04 Brian Green: Seeing none

00:01:09 Brian Green: do any committee member have any comments or motion regarding the March third twenty twentysix minutes to be adopted today

00:01:19 SPEAKER_651: Yes Chair I'd like to make a motion to adopt the minutes of the March third meeting

00:01:27 Brian Green: Thank you I call a vote All those in favour Aye

00:01:34 Brian Green: It is carried Sorry motion is carried There are no correspondence items being presented for consideration Please be advised that the Planning Act of Ontario in the case that anyone other than the applicant or agent wishing to receive notice of the

00:01:48 Brian Green: decision of the Committee of Adjustment or in the event the Committee defers the decision Or notice for further proceeding proceedings representing the application such person must leave their name and address in writing with the secretary treasurer of the committee prior

00:02:03 Brian Green: to leaving the hearing by filling out the signing sheet

00:02:07 Brian Green: located outside council chambers

00:02:10 Brian Green: In addition only the applicant the minister or specified person of public body that has an interest in the matter has the right to appeal the decision of the committee of adjustment within the defined appeal period More information concerning how to

00:02:23 Brian Green: appeal the decision of the committee of adjustment to the Ontario Land Tribunal may be obtained from the Community Services Department Planning Department since City Hall

00:02:35 Brian Green: The

00:02:36 Brian Green: committee of adjustment today will consider three minor variances two consent applications scheduled under applications The Planning Act requires a public hearing to be held before the committee of adjustment decides whether to approve a consent or a minor variants

00:02:53 Brian Green: the public hearing serves two purposes First to present the details and the background of the application to the committee of adjustment and the public and second to receive comments from the public agencies before a decision is made

00:03:11 Brian Green: For each applicant the secretary treasurer will summarise the proposal correspondence on file Planning staff will provide other information That is relevant to the application From there the applicant will be provided with the opportunity to make presentations followed by questions or

00:03:26 Brian Green: presentations from the public either in favour of or in opposition to the application All questions should go through me the chair

00:03:37 Brian Green: And representations are representations are limited to ten minutes Committee members will then have the opportunity to question the applicant the secretary treasurer the planner or anyone giving presentations Presentations The application will then be considered by the committee Will

00:03:54 Brian Green: the Secretary of State please advise when and how and to whom the notices of public hearings are circulated

00:04:03 Briana Bloomfield 2: Through you Mr Chair Notice for these applications was posted on the subject properties on Tuesday March twentyfourth being at least fourteen days prior to the hearing Notice for these applications was sent by mail to the assessed owners within sixty metres

00:04:14 Briana Bloomfield 2: of the subject properties and was also Also circulated to those persons departments and agencies likely to have an interest in the applications as legislated Included with each notice was a legal description of the subject property and a description of the

00:04:26 Briana Bloomfield 2: purpose of the proposed consent or minor variance The circulations were provided in accordance with the provisions of the Planning Act RSO 1990 Chapter P13 I

00:04:37 Brian Green: now I now declare this public hearing for application A042026 Ms

00:04:45 Brian Green: Landry would you please summarize summarise the application and any correspondence received to date

00:04:51 Briana Bloomfield 2: Thank you Mr Chair This is a minor variance application that was put forward by Murphy Homes and Design Inc The official plan designation is arterial commercial and it is zoned as arterial commercial C four The legal description of the lands

00:05:03 Briana Bloomfield 2: is Plan Three Hundred and One Part Lot One Part Lot Two RP Sixteen R One Six Five Parts One and Two With Lane City of Onsound County of Grey and is no municipality municipally as 865 16th Street East The applicant

00:05:18 Briana Bloomfield 2: is proposing to construct a new twostory sixunit residential building A minor variance is requested to provide relief from zoning bylaw 201078 as amended for the minimum rear yard setback for a dwelling apartment 75 meters is required two meters is proposed

00:05:33 Briana Bloomfield 2: resulting in a variance of 55 meters Comments have been received without objection from the city's building division and public works and engineering division Canada Post County of Grey and Grace GraySalble Conservation Authority Comments have been received with objection from neighbor

00:05:47 Briana Bloomfield 2: Colleen Bravner

00:05:52 Brian Green: Thank you Planning staff will you please provide any additional information that may be relevant

00:06:01 SPEAKER_652: Thank you through chair As noted Matt Murphy has submitted a minor variance application to facilitate the construction of a sixunit residential building at 865 16th Street East the property is located in the southwest corner of the intersection of 9th Avenue

00:06:17 SPEAKER_652: East and 16th Street East adjacent to the Circle K convenience store The building provides for three units on the ground floor and three units on the second floor Each ground floor unit has a deck at the rear of the building

00:06:29 SPEAKER_652: and each second floor unit has a balcony also at the rear of the building

00:06:33 SPEAKER_652: The proposed development includes an access from 16th Street East and ten parking spaces Including one accessible space the property is currently vacant and fenced and contains two mature trees located in the rear southern portion of the property

00:06:48 SPEAKER_652: The parcel is subject to a three eight meter wide easement right of way in favor of the city along its western property boundary The infrastructure easement continues down the center of the one thousand five hundred block between Eighth and Ninth

00:07:01 SPEAKER_652: Avenue East and no building structures or other encumbrances are permitted within the easement

00:07:07 SPEAKER_652: In summary the application is requesting the variance to the required rear yard setback The required setback is seven point five meters and the requested variance to the building is three point eight meters

00:07:22 SPEAKER_652: As noted by the Secretary Treasurer the subject property is designated arterial commercial in the city's official plan This designation permits a variety of commercial and noncommercial uses such as mediumdensity forms of housing The proposed density is classified as highdensity

00:07:38 SPEAKER_652: residential Highdensity residential development is permitted in the arterial commercial designation subject to the lot having sufficient frontage and area to support the development The application is requesting a reduced rear setback to facilitate the development However

00:07:55 SPEAKER_652: the submitted site plan provides for a parking area with 10 parking spaces whereas the provisions of the zoning bylaw require eight parking spaces With the removal of the two extra parking spaces a additional lot area can become available that can

00:08:08 SPEAKER_652: be allocated to other parts of the development including the rear yard

00:08:12 SPEAKER_652: The removal of one parking space on either side of the internal drive aisle results in an additional two point seven meters becoming available Planning staff recommend that one meter be allocated to ensure that the planting strip between the parking area

00:08:26 SPEAKER_652: and Sixteenth Street East Road Allowance meets the required minimum width of one point five meters as per the Section Five of the Zoning Bylaw

00:08:35 SPEAKER_652: 12 meters be allocated to the rear yard The rear yard setback for the building would increase from 38 meters to 50 meters and the required variance would be 25 meters A fivemeter rear yard setback would provide for adequate separation

00:08:51 SPEAKER_652: between the property lines in order to buffer the existing residential development to the south provide additional pervious area to facilitate infiltration of stormwater provide additional amenity and green space for the residents and bring the proposed building closer to the established

00:09:06 SPEAKER_652: built streetscape along 16th Street East

00:09:10 SPEAKER_652: The request for relief from the zoning bylaw to facilitate

00:09:13 SPEAKER_652: the sixunit apartment building can be considered minor in nature as no adverse impact on adjoining properties is anticipated because of the proposed development The residential character of the 8th and 9th Avenue East streetscape is not expected to change significantly as

00:09:28 SPEAKER_652: the development fronts onto 16th Sixteenth East Street East The recommended tree plantings will enhance the Sixteenth Street East streetscape and recommended conditions of approval will ensure that the final stormwater management plan is designed to ensure that drainage is managed appropriately

00:09:44 SPEAKER_652: across the site

00:09:46 SPEAKER_652: The subject property is situated within an established developed neighborhood that includes a mix of commercial and residential properties in a variety of type and tenure The proposed development supports the property's residential function and will contribute to increase increasing the city's

00:10:00 SPEAKER_652: housing supply

00:10:02 SPEAKER_652: Staff recommend that in consideration of staff report CS twenty six O twenty seven respecting minor variances A zero four twenty twenty six by Murphy Home and Design Inc for the property known as eight hundred and five Sixteenth Street East the

00:10:15 SPEAKER_652: Committee of Adjustment approves the modified minor variances of of the modified rear setback as the committee concludes that the modified variance maintains the general intent and purpose of the city's official plan and zoning bylaw is minor in nature and desirable

00:10:30 SPEAKER_652: for the appropriate development and use of the lands subject to the conditions outlined in Schedule E and attached to the report

00:10:40 Brian Green: Thank you very much Does the applicant or agent for A zero four two thousand and twentysix have a presentation they wish to make

00:10:52 Brian Green: Are there any questions or comments from the public for A zero four two thousand and twenty six If so please stand Give your name address and the municipality in which you reside to the secretary treasurer Followed by your comments

00:11:06 Brian Green: Seeing none

00:11:13 Brian Green: are there any further questions from the committee Two

00:11:18 Brian Green: Since no one's made a presentation does any member of the committee wish to make a motion for application A zero four two thousand and twentysix

00:11:28 SPEAKER_329: I'll make a motion to motion to approve application A zero four two thousand and twentysix as presented with the alteration and the subject to the Schedule F agent or Schedule E conditions of approval

00:11:42 Brian Green: Thank you very much I'll call the vote All those in favour The

00:11:47 Brian Green: motion is carried Please be advised there is a twenty day appeal period during which time the applicant the minister or specified persons or public body that has an interest in the matter may appeal today's decision During this appeal period no

00:12:00 Brian Green: building permit may be issued or other work commenced I now declare public hearing for A zero four twenty six to be concluded The applicant may leave the meeting if they wish to do so

00:12:32 Brian Green: I now declare this to be a public hearing for application A zero three two thousand and twentysix B zero one two thousand and twentysix B zero two thousand and twentysix Ms Landry would you please summarise the application and any correspondence

00:12:47 Brian Green: received to date

00:12:50 Briana Bloomfield 2: Thank you Mr Chair These are a minor variance and consent applications that were put forward by Grey Bruce Property Rentals Inc on behalf of Barry Criselbrink The official plan designation is residential and it is zoned as general residential R five

00:13:02 Briana Bloomfield 2: The property is known municipally as 2090 Ninth Avenue East The applicant is proposing to sever the subject property to create a new residential building lot The retained lot contains an existing threestory 23unit apartment building and is proposed to have approximately

00:13:16 Briana Bloomfield 2: 65 meters of frontage Frontage on Ninth Avenue East fortythree meters of lot depth and two eight hundred fortyseven square meters of lot area The vacant severed parcel is proposed to have approximately thirteen five meters of frontage on Ninth Avenue East

00:13:30 Briana Bloomfield 2: one hundred two meters of lot depth and three four hundred nine square meters of lot area A fourstory thirtyfiveunit apartment building is proposed to be constructed on the severed parcel

00:13:40 Briana Bloomfield 2: The lands are subject to minor variance application A zero three two thousand and twentysix which has the effect of providing relief from zoning Zoning bylaw two 2010078 as amended for the rear yard setback seven five meters is required four meters

00:13:54 Briana Bloomfield 2: is proposed resulting in a variance of three five meters Building height for an apartment within the R five zone twelve meters is required fourteen meters is proposed resulting in a variance of two meters Rear yard setback for a porch slash

00:14:08 Briana Bloomfield 2: deck four five meters is required two four eight meters is proposed resulting in a variance of two one meters Offstreet parking seventythree spaces are required sixtyeight spaces are proposed resulting in a variance of five spaces And a planting strip abutting

00:14:24 Briana Bloomfield 2: another use or lot line one point five meters is required point five meters is proposed resulting in a variance of one meter

00:14:32 Briana Bloomfield 2: The lands are also subject to consent application BO22026 which has the effect of creating an easement for shared means of stormwater infrastructure site access and parking arrangements between the existing twentythreeunit apartment Building on the retained parcel and the proposed thirtyfive

00:14:46 Briana Bloomfield 2: unit apartment building on the severed parcel

00:14:49 Briana Bloomfield 2: Comments have been received without objection from the city's building division and public works and engineering division Canada Post and the County of Grey Comments have been received with objection from neighbors John and Michelle Vegan Ellie and Derek Sparnay and C

00:15:02 Briana Bloomfield 2: Dixon and M Martindale

00:15:04 Briana Bloomfield 2: Comments were received after the agenda was published but prior to the deadline from the GreySable Conservation Authority without objection to the proposal Comments were also received from neighbor Leslie Farr noting concerns with loss of privacy and green space and snow

00:15:17 Briana Bloomfield 2: storage and the maintenance of the existing walkway These comments were circulated to the committee planning staff and the applicant prior to the meeting and will be included with the agenda when it is republished

00:15:29 Brian Green: Thank you very much Planning staff will you please provide any additional information that may be relevant

00:15:52 Brian Green: Thank you Mr Chair and through you

00:15:54 SPEAKER_208: the lands subject to consent B O One and B O Two Twenty Six and minor variance A O Three Twenty Six are shown on the screen before you The lands are located on the west side of Ninth Avenue East approximately

00:16:06 SPEAKER_208: 150 meters north of the intersection of Ninth Avenue and Twentieth Street East The lands have approximately 79 meters of frontage along Ninth Avenue East and approximately 6256 square meters of lot area and currently contain an existing threestory 23unit apartment

00:16:23 SPEAKER_208: building and surface parking area A portion of the lands were formerly part of the unopened road allowance of Twentyfirst Street East which was stopped up and closed and declared surplus by the city in July of 2025 by Bylaw Number 2025078

00:16:38 SPEAKER_208: The land lands were subsequently sold to the applicant in accordance with the city's disposition of land bylaw and merged on title with the other lands owned by the applicant

00:16:51 SPEAKER_208: The subject lands are within an existing established residential neighborhood of the city and are surrounded by a variety of existing residential uses of various forms and densities including an existing twentythree unit apartment building to the east single detached dwellings and

00:17:06 SPEAKER_208: townhouses to the south single detached dwellings to the west and the unopened road allowance of 21st Street East and townhouses to the north This residential neighborhood of the city including lands within the adjacent East Bluffs Planning Area to the north

00:17:20 SPEAKER_208: have experienced significant medium to high density residential development over the last five years Properties with approved or ongoing development are outlined in yellow on the slide before you with the subject lands outlined in red Development construct constructed or approved within

00:17:37 SPEAKER_208: this area consists of cluster townhouse and four to fivestory apartment dwelling types

00:17:45 SPEAKER_208: As indicated by the secretary treasurer the lands subject to the requested consent and minor variances are designated residential by the city's 2021 official plan and are zoned general residential R five by the city's zoning bylaw The intent of the residential

00:17:59 SPEAKER_208: designation is to permit the development of lands for residential Uses which shall be the predominant use area for housing within the city apartments are among the residential uses permitted within the R5 zone

00:18:12 SPEAKER_208: So to begin with Consent Bo1 and Bo2 2026 The proposed severance plan is shown on the slide before you The parcel to be retained is outlined in blue and contains the existing 23unit apartment building The parcel to be severed is

00:18:26 SPEAKER_208: outlined in green and is proposed to be developed for a fourstory 35unit apartment building

00:18:37 SPEAKER_208: Consent Bo Two Twenty Six also has the effect of establishing easements for shared means of site access off of Ninth Avenue East So those site access points are circled in red Use of the of a shared parking area stormwater management

00:18:52 SPEAKER_208: infrastructure which is outlined in green grading and drainage and grading and drainage across the severed and retained parcels Comments received from the city's engineering services division on the requested consent also indicate that the sanitary service lateral for

00:19:09 SPEAKER_208: the existing 23 unit apartment building which is also circled in red on the slide before you is to be located on the severed parcel and will also require an easement

00:19:22 SPEAKER_208: So policy nine three two four of the city's official plan requires regard for the criteria shown on the slide before you when considering an application for consent a fulsome analysis of official plan policy 9324 is provided in staff report CS

00:19:37 SPEAKER_208: 26028 before you Planning staff find that the requested consent satisfies the required criteria Specifically the lands have frontage on Ninth Avenue East which is an existing assumed public road that is maintained on a yearround basis The consent has the effect

00:19:53 SPEAKER_208: of infilling within an existing builtup area of the city Both the retained and severed parcels meet the minimum lot frontage and area requirements of the zoning bylaw for an apartment within the general residential R five zone and are therefore appropriate

00:20:07 SPEAKER_208: for the for the intended residential use Recommended conditions of the consent will require that the applicant obtain site plan approval for the development of the severed parcel and through this process prepare and submit grading drainage and stormwater management plans to

00:20:23 SPEAKER_208: the satisfaction of the of the city's engineering services division

00:20:28 SPEAKER_208: So planning staff are recommending approval of Consent Bo One and Bo Two Thousand and Twenty Six in consideration of the analysis provided in Report CS Two Thousand and Eight subject to the conditions outlined in Schedule E and Schedule F of

00:20:43 SPEAKER_208: that report

00:20:45 SPEAKER_208: Moving on to Minor Variance AO Three Two Thousand and Twenty Six this slide summarizes the relief requested through Minor Variance AO A032026 to facilitate the development of the proposed severed parcel through of

00:21:01 SPEAKER_208: the proposed severed parcel for a fourstory 35unit apartment building through the recommended conditions of approval staff are recommending approval of a modified variance

00:21:14 SPEAKER_208: So to begin with the requested variance for the planting strip abutting another use or lot line the development is proposing a row of 14 parking spaces a loading space and an outdoor garbage collection area abutting a residential use to the

00:21:28 SPEAKER_208: south

00:21:30 SPEAKER_208: So the

00:21:33 SPEAKER_208: the portion of the site plan that is subject to this requested variance

00:21:40 SPEAKER_208: is shown on the slide before you So the provisions of the city zoning bylaw require a minimum of one five meters of land abutting the lot line to be provided in this area And and used for no other purpose than

00:21:52 SPEAKER_208: a planting strip consisting of a row of trees a continuous hedgerow of evergreens or shrubs a berm a wall or a privacy fence not less than 15 meters high The site plan is proposing a planting strip of 05 meters which

00:22:07 SPEAKER_208: does not meet the requirements of the zoning bylaw and a variance of one meter is being requested In reviewing the submitted site plan and consulting with the city's engineering services division on the requested variance it's been identified that the seven

00:22:20 SPEAKER_208: and a half meter wide southern site access can be reduced to a width of six meters to achieve a minimum one five meter wide planting strip in this area So the first recommended condition of approval

00:22:37 SPEAKER_208: of minor variance A O three will require this modification to the site plan to comply with the zoning bylaw provisions

00:22:46 SPEAKER_208: Secondly the requested relief from rear yard setbacks So that's pertaining to the west side of the property The provisions of the of the general residential R5 zone require apartments to have a rear yard setback of seven and a half

00:23:02 SPEAKER_208: meters And the intent of this provision is to ensure a compatible built form and that adequate rear yard amenity space and spatial separation is provided between property lines So the extent of the rear yard for For for the subject property

00:23:18 SPEAKER_208: is outlined in orange on the slide

00:23:22 SPEAKER_208: and abuts three existing single detached dwellings with frontage onto Eighth Avenue East The development is proposing a rear yard setback of the proposed apartment of four meters whereas seven and a half is required resulting in a variance of three and

00:23:35 SPEAKER_208: a half meters Section five eight three of the zoning bylaw permits a porch or a deck to project into a required front rear or side yard with the intention of allowing a porch portrait deck to be located within a required

00:23:48 SPEAKER_208: yard while also ensuring adequate amenity space is provided So the proposed apartment is does have at grade patios and balconies on the rear or west facade The the

00:24:05 SPEAKER_208: section five eight three of the bylaw permits these to project a maximum of three meters into the required rear yard So the required setback is four and a half meters whereas two point four eight is proposed resulting in a variance

00:24:21 SPEAKER_208: of two point one meters Staff are recommending modifications to the site plan that would increase the rear yard setback of the proposed apartment building and associated at grade patios and balconies in order to ensure a compatible built form and that

00:24:36 SPEAKER_208: adequate spatial separation is maintained between property lines consistent with the intent and purpose of the zoning By bylaw so those changes are recommended through condition two The

00:24:50 SPEAKER_208: specifically the second condition of approval recommended by staff will require that the parking lot drive aisle width I'll just go back to the site plan Be reduced to six meters That both internal

00:25:06 SPEAKER_208: sidewalks the width be reduced from one point eight to one point five meters and that landscaped area proposed in front of the proposed apartment building be reduced by one two meters and these modifications

00:25:23 SPEAKER_208: will then achieve a six three meter rear yard setback for the apartment resulting in a variance of one two meters and the acrate patios and balconies on the rear facade will be set back four seven five meters which which satisfies

00:25:38 SPEAKER_208: the zoning bylaw requirements

00:25:43 SPEAKER_208: So the implementation of conditions one and two as recommended by staff will result in a modified variance to the proposed rear yard setback of the apartment building As I as I noted variances to the rear yard setback for the balconies

00:25:57 SPEAKER_208: and the minimum planting strip along the southern interior side lot line will no longer be required as implementation of the recommended conditions will achieve compliance with the bylaw Variances for building height and offstreet parking remain unchanged

00:26:14 SPEAKER_208: So just to

00:26:17 SPEAKER_208: related to the requested relief from the required rear yard as committee is aware in determining whether a requested variance is minor in nature requires consideration of the impact of the requested variance on surrounding properties and the city street as

00:26:33 SPEAKER_208: well The policies of the city's official plan require Require appropriate consideration be given to screening landscaping overlook shadow impact and other conflict mitigation measures where highdensity residential development is proposed Planning staff conducted a site visit at the property

00:26:50 SPEAKER_208: on March 27 2026 and observed existing vegetation along various portions of the rear lot line The existing mature trees and cedar hedging provide an appropriate buffer between the rear yards of the existing singledetached dwellings fronting onto Eighth Avenue East and

00:27:06 SPEAKER_208: proposed development retention retention of the existing vegetation is necessary to ensure compatibility between the proposed apartment and existing residential land uses

00:27:17 SPEAKER_208: So recommended conditions of approval will require the provision of a tree survey and tree preservation and planting plan to confirm ownership of the existing vegetation and identify vegetation to be retained and removed as part of the proposed development The

00:27:34 SPEAKER_208: vegetation that is located on neighboring properties would not be permitted to be removed without the consent of the neighboring property owner and

00:27:44 SPEAKER_208: the tree preservation plan will demonstrate how

00:27:49 SPEAKER_208: existing vegetation will be protected for the duration of the construction period The development will also require site plan approval in accordance with the city site plan control Bylaw and through that process it is recommended that the provision of

00:28:05 SPEAKER_208: a one eight meter high solid board fence be provided along portions of the rear lot line particularly where no vegetation exists So that's sort of shown to the

00:28:18 SPEAKER_208: the picture on the right hand side of the screen with an existing

00:28:24 SPEAKER_208: coniferous mature tree However recognizing that

00:28:30 SPEAKER_208: That installation of fencing along portions of the rear lot line where existing vegetation is to be retained may not be possible or preferable in order to limit soil disturbance within the canopy drip line and mitigate potential impacts of construction

00:28:46 SPEAKER_208: on on the existing vegetation

00:28:50 SPEAKER_208: As it relates to the requested increase in building height so the maximum permitted building height for an apartment within the R five zone Is twelve 12 meters The proposed height is 14 A variance of 2 meters is being requested The

00:29:05 SPEAKER_208: applicant has submitted a shadow impact analysis in support of the requested variance for an increase in height which demonstrates shadows moving relatively quickly from west to east across the site The height of the proposed building does not cause the rear

00:29:19 SPEAKER_208: yards of the existing single detached dwellings to the west to be shaded for more than two hours and in no case is 50 percent or more of any adjacent property properties shaded for more than two interval times or a fourhour

00:29:30 SPEAKER_208: equivalency and this meets the requirements of the city's shadow study criteria The implementation of urban design considerations and site functionality and attractiveness will be ensured through the site plan approval process and related development agreements Lastly

00:29:47 SPEAKER_208: the

00:29:49 SPEAKER_208: requested reduction in offstreet parking So the provisions of the city's zoning bylaw require offstreet parking for apartments Apartments to be provided at rate of one two five spaces per dwelling unit In total the development requires seventy three spaces and the

00:30:03 SPEAKER_208: submitted site plan proposes seventy three spaces However three are located within a site triangle at the site access points with Ninth Avenue East and two additional spaces are anticipated to be removed as a result

00:30:20 SPEAKER_208: of changes that are required to the southern site access to comply with the planting strip provisions of the zoning bylaw So the loss of of parking in this case is generally technical in nature The parking stalls to be removed are

00:30:35 SPEAKER_208: marked with an a red X on the site plan markup on the slide before you The development continues to provide a minimum of one parking stall per dwelling unit with ten spaces remaining for visitor use which is consistent with the

00:30:48 SPEAKER_208: intent and purpose of the city's zoning bylaw The lands are also located immediately adjacent to a city transit stop no impacts to surrounding properties or the city street are anticipated as a result of the requested reduction in offstreet parking

00:31:05 SPEAKER_208: Before I conclude I would also note while the area of the subject lands proposed to be developed for for a fourstory thirtyfiveunit apartment building have been vacant for some time and likely enjoyed by existing residents as

00:31:21 SPEAKER_208: open green space The proposed development it represents a change in land use within the existing residential neighborhood But the proposal for residential intensification and infill development that has access to full municipal services

00:31:39 SPEAKER_208: transit parks and amenities is supported by the provincial planning statement as well as the policies of the city's official plan The proposal is deemed Desirable for the development and use of the lands as it will add 35 units to the

00:31:54 SPEAKER_208: city's housing stock including four four affordable units that will contribute to a range and mix of housing options to meet the needs of residents So with that staff are recommending that in consideration of report CS 26029

00:32:11 SPEAKER_208: respecting minor variance A03 2026 by Gray Bruce Property Rentals Inc for property known as 2090 Ninth Avenue East the committee of Adjustment approves the modified variance as the committee concludes that the modified variance maintains the general intent and purpose of

00:32:26 SPEAKER_208: the city's official plan and zoning bylaw is minor in nature and desirable for the appropriate development and use of the lands subject to the conditions outlined in Schedule E Thank you

00:32:40 Brian Green: Thank you very much Does the applicant agent for A three two thousand and twentysix B zero one two thousand and twentysix and B zero two twenty six have a presentation they wish to make

00:32:56 SPEAKER_653: Good afternoon Stuart Doyle Barry's Construction Through you Mr Chair Not much to add I just want to thank Count or Committee for considering this application and also staff for a very thorough report We have no concerns with the modified variances

00:33:11 SPEAKER_653: as which is presented with respect to the rear yard setback However we would ask county to consider perhaps a slightly adjusted variance for the setback for the parking lot Instead we had we had presented an application with half a meter

00:33:25 SPEAKER_653: and we were gonna and staff has come back with one five meters We're gonna ask committee to consider one meter just allows us for a slightly larger entrance which I think is important with the just for the garbage trucks and

00:33:37 SPEAKER_653: the different vehicles coming off Ninth Ave there So we would be willing to go to one eight meter high fence I think in the the conditions it suggests one point five meters So I think for the draft conditions it's item

00:33:50 SPEAKER_653: number one and we just would like to look at a compromise to one meter with a slightly higher fence if that

00:33:58 SPEAKER_653: we could be could be done So anyway any questions here to answer

00:34:02 SPEAKER_653: them

00:34:06 Brian Green: Does the

00:34:07 Brian Green: well we'll get to the questions after we've heard from everyone else Are

00:34:14 Brian Green: there any questions or comments from members of the public for A three twenty six B one twenty six and B zero two twenty six If so please stand give your name and the municipality in which you reside The Secretary of

00:34:27 Brian Green: Treasurer followed with your comments

00:34:43 SPEAKER_654: Thank you very much Good afternoon

00:34:46 SPEAKER_654: Mr Green and

00:34:49 SPEAKER_654: fellow staff Before I get started on my letter I would likeoh sorry John

00:34:56 SPEAKER_654: and Michelle Bacon two hundred six five Eighth Avenue East We reside just west of the proposed new apartment building

00:35:06 SPEAKER_654: I would like to thank the Planning Department for

00:35:10 SPEAKER_654: doing a very good job of protecting the environment because we've got one hundred and forty cedar trees at the back of our property that absorb a lot of flood water

00:35:21 SPEAKER_654: and keeping them there will keep

00:35:24 SPEAKER_654: everybody

00:35:25 SPEAKER_654: happy I'm telling you that right now

00:35:30 SPEAKER_654: One moment please Here need that one

00:35:33 SPEAKER_654: Okay to the mayor and body city council members engineering department planning department thank you very much and the city bylaw office This is about Barry's plans to build a fourstory rental building and

00:35:49 SPEAKER_654: the detrimental ramifications it will cause

00:35:54 SPEAKER_654: And this letter was sent to city council before we knew the results of the planning decision

00:36:04 SPEAKER_654: This past three or four days ago it took like five days to get a letter from Owen Sound to our house on the east side That happened to everybody Nobody could believe it And for future reference anybody that is doing

00:36:18 SPEAKER_654: a

00:36:21 SPEAKER_654: update or an addition

00:36:25 SPEAKER_654: it doesn't help to send a drawing this big

00:36:29 SPEAKER_654: when you need

00:36:31 SPEAKER_654: a magnifying glass to read it We had to have it Blown blown up by this big by your engineering department so we could even read them just for future reference

00:36:42 SPEAKER_654: Anyway I was back here

00:36:46 SPEAKER_654: Okay we are the people on the west side most affected by Barry's construction

00:36:52 SPEAKER_654: Barry's construction the mayor city council the engineering department

00:36:57 SPEAKER_654: planning department and city bylaw office will be held responsible for any damage to my property Hedges trees and any flood damage and will be sued for damages

00:37:08 SPEAKER_654: Court now the sale of public land was slipped into Barry's pocket without any regard to others who might have wanted to buy the property And there were seven other people surrounding that area that could have bid on it but they

00:37:19 SPEAKER_654: never had a chance

00:37:22 SPEAKER_654: We wish to see any plans for the runoff which we have here

00:37:26 SPEAKER_654: excepting for the snow storage area and a red painted Area which there is no explanation for or nothing showing where the drainage for all that snow is going to go if that could be made public

00:37:41 SPEAKER_654: or I can go to the engineering department and get a copy

00:37:45 SPEAKER_654: Ah

00:37:48 SPEAKER_654: we asked

00:37:49 SPEAKER_654: for this as Barry had his snow removal crew put all the snow into the drainage ditch which in turn did not allow our water to drain out We had over a foot of water in our backyard this year and every

00:38:04 SPEAKER_654: year for the last five years I've had to talk to the snow removal people and say Can you blow it straight back Because right now there's a at the time there's a twentyfive foot snow pile over the big city's manhole

00:38:18 SPEAKER_654: where all the water from our neighborhood goes and nothing I even threw salt in there to get it going and it didn't help

00:38:25 SPEAKER_654: We would like to know the exact date

00:38:28 SPEAKER_654: of When he wants to start putting up a privacy fence okay we have hired a professional arborist to come in and trim the cedars

00:38:46 SPEAKER_654: on Barry's side As these cedars are home to hundreds of birds that nest there every year for the last forty years

00:38:54 SPEAKER_654: we

00:38:55 SPEAKER_654: would actually work alongside the city arborist whoever you are going to hire to do that

00:39:02 SPEAKER_654: my arborist has got over thirty years professional work

00:39:07 SPEAKER_654: Would would an apartment dweller prefer to see a backyard of someone's home and garden or have beautiful foliage to look at This helps keep the green space as well and keeps the north the northwest snowstorms

00:39:23 SPEAKER_654: from landing on the new apartment balconies because it is brutal there comes right off the escarpment

00:39:31 SPEAKER_654: We'd also like to know the number of the bylaw officer as it is Barry's habit to come in on weekends when the city hall is not open and cut down any trees that exist His workers are usually untrained and not

00:39:43 SPEAKER_654: suitably dressed for construction of any type

00:39:48 SPEAKER_654: Furthermore we have had lived here for over thirty years without anyone building behind us if Barry is granted this easement request which it looks like it's going through we will have to keep our bedroom curtains and windows closed all the

00:40:03 SPEAKER_654: time as the apartment dwellers could see right in and it takes care of all our privacy In conclusion twentytwo years ago

00:40:14 SPEAKER_654: a contractor built a new house two doors south of us He emptied the entire contents of the new basement into The the yard beside us which in turn flooded at our backyard and we had over three feet

00:40:29 SPEAKER_654: for a week

00:40:32 SPEAKER_654: We agreed at the time to put in a threefoot deep sixtyfootlong ditch at the back of northeast

00:40:41 SPEAKER_654: corner of our property

00:40:43 SPEAKER_654: to go to the city manhole by the existing apartment It was supposed to redirect any runoff We put up with this for years and did not sue anyone for incompetence or damages incurred

00:40:57 SPEAKER_654: If the

00:40:59 SPEAKER_654: engineering or planning department could get back to us

00:41:04 SPEAKER_654: on the snow load area there's no information on the legend there where it drains or whatever And also there's nothing indicated what the red painted area is for That's about the only thing that I can see that is not selfexplanatory

00:41:21 SPEAKER_654: Thank you for your time

00:41:24 SPEAKER_654: May I dismissed

00:41:26 Brian Green: You may Thank you

00:41:30 Brian Green: Thank You have to push this button No no Is there any anyone else that might wish to make comments

00:41:38 Brian Green: Seeing none

00:41:51 Brian Green: Are there any further questions or comments from the committee to the applicant the secretary planning staff or any person that's made a presentation

00:42:02 Brian Green: To

00:42:06 Brian Green: the

00:42:10 Brian Green: microphone please

00:42:12 Brian Green: Thank you

00:42:17 SPEAKER_655: Sorry I'm Ellie Sparnay and I did have a little bit of concerns because of my house right So I sent that letter in about that and I'm just wondering if how do I get a response back about that If I

00:42:29 SPEAKER_655: don't do I get it from here or will they

00:42:33 Brian Green: Who did you send the letter to The planning department Oh yes please Thank you

00:42:38 Briana Bloomfield 2: Through you Mr Chair your correspondence was included as the comments to attach to the staff report that are part of the meeting agenda so they have been addressed in the staff report And if you noted that you wanted to request

00:42:51 Briana Bloomfield 2: a notice of decision then I'll be sure to send you a copy of the notice decision tomorrow when they get sent out Yep

00:42:59 SPEAKER_656: Yes Yeah You'll get a copy of the notice of decision

00:43:05 SPEAKER_657: Sorry I have a comment from the planning department again I just would like to Add Mr Chair that written

00:43:17 SPEAKER_208: comments from Mr Beagan and yourself were also addressed in the staff recommendation report So staff will follow up directly by email with a copy of that report

00:43:29 SPEAKER_208: Thank you very much

00:43:33 SPEAKER_208: We move on

00:43:37 Brian Green: Are there any further questions from the committee to the applicant Secretary Treasurer Planning Division or any president made a present presentation

00:43:46 SPEAKER_329: Yeah I'm just looking for I mean there was there was a few

00:43:51 SPEAKER_329: public comments about the the drainage the drainage and making sure for runoff and all that kind of stuff I was just wanting to see if there was anything more that we can add to provide some reassurance that that's adequate for

00:44:03 SPEAKER_329: that part

00:44:06 SPEAKER_653: Certainly through you Mr Chair Great question So the stormwater with Matt over There there will be fully invested investigated and reviewed We still need to support or submit stormwater management reports and all those studies at the site plan stage So

00:44:19 SPEAKER_653: at this point it's with a minor variance and then we have to go to the next process which is site plan with staff and obviously a lot of work to go on that yet

00:44:28 SPEAKER_653: Thank you Stuart

00:44:30 SPEAKER_653: Okay

00:44:31 Brian Green: Does any member of the committee wish to make a motion for A zero three twenty six

00:44:40 SPEAKER_329: Sorry I actually have one more question with this Now we

00:44:44 SPEAKER_329: we did hear in regards to it was brought brought forward by by Barrys here in regards to the request for the adjustment to the front entrance and all that kind of stuff Does obviously you bring that up now Was that

00:44:56 SPEAKER_329: already consulted with planning on that kind of stuff as to like a potential or was that just now brought up as a oh we can we can discuss this further I just want to know about the dialogue that's happened in

00:45:07 SPEAKER_329: the background for that

00:45:10 SPEAKER_652: Through you chair At this point we didn't have any dialogue in regards to that

00:45:17 SPEAKER_652: We did let the applicant know that we would be recommending for a variation on or a to their variances but this is the request that they're bringing for now for you to consider

00:45:35 Brian Green: No no questions comments No thank you

00:45:45 Brian Green: Okay Somebody make a motion regarding A zero three two thousand and twenty six

00:45:55 Brian Green: Sorry

00:45:57 SPEAKER_651: Okay Through through you chair I would like to ask planning

00:46:02 SPEAKER_651: Just to be clear because we're just we're just being asked this now with this one meter versus 15 meter with an addition of making the fence higher does planning have a comment on this before we make a decision

00:46:28 SPEAKER_652: Through you I think the planning staff would be

00:46:37 SPEAKER_652: Sorry this is not the most professional but we would be okay with the the requested one point one meter is

00:46:46 SPEAKER_652: is better than zero point five meters It does provide sufficient space to put the

00:46:54 SPEAKER_652: the fence and some landscaping on it and does require does allow for a little bit of more playroom or Yeah wiggle room in the design of the access lane So I think staff are

00:47:10 SPEAKER_652: neutral on it Leave it to you

00:47:14 Brian Green: Thank you very much The fact that it's one meter and

00:47:17 Brian Green: I believe a slight increase in fence height Buzzham yep So

00:47:22 Brian Green: we can go with that

00:47:24 Brian Green: You making a motion

00:47:26 SPEAKER_658: Somebody making a motion I can I can make the motion Yep

00:47:55 SPEAKER_651: Hey through you chair I would like to make a motion for Approval of A zero three twenty six

00:48:03 SPEAKER_651: with the recommended conditions of approval with the change of the one meter versus one point five meter for the was that the driveway the planting strip and with the change of

00:48:19 SPEAKER_651: making the fence now one point eight meters tall

00:48:26 Brian Green: Thank you I'll call the vote All those in favour Aye Motion is carried Does any member of the committee wish to make a motion for B zero one two thousand and twenty six and B zero two two thousand and twenty

00:48:39 Brian Green: six

00:48:46 SPEAKER_329: I'll make a motion to approve B zero one two thousand and twenty B zero two thousand and twenty six as presented with their attached conditions of approval

00:48:57 Brian Green: Thank you I will call the vote All those in favour

00:49:01 Brian Green: The motion is carried

00:49:03 Brian Green: Please be advised that there is a twentyday appeal period during which time the applicant the minister or specified person or public body that has an interest in the matter may appeal today's decision During this appeal period no building permit may

00:49:16 Brian Green: be issued or other work commenced I will now declare public hearing for zero three twenty six zero one twenty twentysix and B sorry B one two thousand and twentysix and B two thousand and twentysix to be concluded

00:49:36 Brian Green: I now declare this a public hearing for A zero two two thousand and twentysix Miss Lange would you please summarise the application and any correspondence received to date

00:49:49 Briana Bloomfield 2: Thank you Mr Chair This is a minor variance application that was put forward by Barry's Construction and Installation Limited the official plan designation is residential and it is zoned as medium density residential R4 The legal description of the lands is

00:50:02 Briana Bloomfield 2: Part Lot 6 S Bearing RP 16R 6981 Part 1 Part 2 City of On Sound County of Grey and it is known municipally as 843 Seventh Street East The applicant is proposing to construct a new accessory building in the

00:50:18 Briana Bloomfield 2: rear yard of the existing dwelling The accessory Structure is proposed to contain two additional residential units a total of three dwelling units would then exist on the lot one single detached dwelling and two additional residential units in a total of

00:50:31 Briana Bloomfield 2: two buildings Additional residential units are permitted use where a lot contains a single detached dwelling subject to certain site and building regulations A minor variance is requested to provide the following relief from zoning bylaw 2010078 as amended for the maximum

00:50:47 Briana Bloomfield 2: number of additional residential units in an accessory Accessory building One is required Two are proposed resulting in a variance of one Maximum accessory building lot coverage 12 is required 15 is proposed resulting in a variance of 3

00:51:02 Briana Bloomfield 2: And maximum accessory building height five meters is required 65 meters is proposed resulting in a variance of 15 meters The maximum total number of additional residential units on site being two is not proposed to a change Comments have been received

00:51:17 Briana Bloomfield 2: without objection From the city's building division and public works and engineering division Canada Post County of Grey and GreySable Conservation Authority Comments have been received with objection from neighbors Jason and Laura Mazel Mary Ralph Valerie Halliday and the Grey Condominium

00:51:32 Briana Bloomfield 2: Corporation Number ThirtyThree Board of Directors

00:51:38 Brian Green: Thank you very much Planning staff will you please provide any additional information that may be relevant

00:51:45 SPEAKER_659: Thank you Mr Chair and through you the Secretary Treasurer has described the application and the comments received I'll summarize the report and conditions and Stacy's just bringing up the plan there And the site photos might be

00:52:01 SPEAKER_659: helpful to Stacy if you don't mind putting that on the screen because the context of this location and its topography are unique It's not a flat location in but it is an existing residential area of the city The properties on

00:52:15 SPEAKER_659: the south side of Seventh Street East as you can see there between Eighth and Ninth Avenue East there is an existing twostory dwelling with an existing boulevard tree in the front yard and there are also trees along the westerly lot

00:52:27 SPEAKER_659: line The lands are accessed via a shared driveway with a neighboring property to the east that contains a bungalow The bungalow was severed from the subject lands and the deed on file includes a right of way for this mutual driveway

00:52:40 SPEAKER_659: extending to the rear yard of both lots That was way back in one 1998 the driveway being 32 meters wide according to the survey exceeds the minimum width required by city standards for a driveway It is the responsibility of the

00:52:55 SPEAKER_659: applicant to confirm due diligence for any works within the right of way The rear lot line of the subject lands abuts the Heritage Towers condominium property which you can kind of see way in the back of that photograph To the

00:53:08 SPEAKER_659: west there are four abutting properties containing detached dwellings that front onto 8th Eighth Avenue East and have their rear yards abutting the subject property Those dwellings are on land about two meters lower than the subject property due to the slope

00:53:23 SPEAKER_659: that you can see in the photo along the shared property line The proposal as Stacy mentioned is for two ARUs to be constructed in an accessory building in the rear yard of the existing dwelling with additional variances required for the

00:53:37 SPEAKER_659: accessory structure With respect to drainage engineered grading and drainage plan has been submitted by the applicant directing water out to Seventh Street East The grading plan shows a shallow swale and landscaped berm on the property along the westerly lot line

00:53:53 SPEAKER_659: within the drip line of some of the existing trees and would divert water away from neighboring properties but may impact trees along the lot line Comments from Engineering Services and Public Works recommend an infiltration drain be included in the final

00:54:08 SPEAKER_659: design which would be required prior to any building permit The staff report assesses the proposed variances in detail I will summarize only some of the highlights An additional residential unit or ARU is a selfcontained residential unit located on the same

00:54:23 SPEAKER_659: property as the main dwelling An ARU's may be within the structure of the main dwelling or in a building or structure accessory to a main dwelling The provincial policy framework and the City of Owen Sound Official Plan support three dwelling

00:54:36 SPEAKER_659: units on Residential lot including those in the main and additional units

00:54:46 SPEAKER_659: that may be in an accessory structure or in the main dwelling The city's zoning bylaw provides the councilapproved direction for implementing the objectives Excuse me of the official plan

00:54:58 SPEAKER_659: These subject lands are zoned mediumdensity residential or R four permitting singledetached dwellings among other uses

00:55:06 SPEAKER_659: Accessory residential units are permitted in any zone where a single detached dwelling is permitted subject to certain criteria including but not limited to a maximum of two ARUs are permitted per lot which this proposal achieves One parking space is required

00:55:22 SPEAKER_659: for each dwelling unit which this proposal achieves A maximum of one ARU is permitted to be located in an accessory building and that is the first of the variances requested to permit two ARUs in an accessory building and that all

00:55:37 SPEAKER_659: other regulations must be complied with to achieve this Variances on maximum height and maximum coverage for an accessory building have been requested

00:55:47 SPEAKER_659: With respect to the number of ARUs in an accessory structure staff can support three dwelling units on the lot provided that they are located in the forms of building that are already permitted that being a single detached dwelling and an

00:56:00 SPEAKER_659: accessory building The definition Of accessory includes a building subordinate and incidental to and functionally associated with the main The zoning bylaw requirements for accessory buildings provide

00:56:13 SPEAKER_659: excuse me parameters for the form of building that is considered accessory When compared to the zoning standards for a main building it's clear that the intention of the zoning bylaw is for accessory buildings to be smaller than the main building

00:56:27 SPEAKER_659: in both height and footprint less massive when compared to the main building and not prominent in the streetscape So in considering form we look at the variances for coverage and height The proposed accessory building is maintaining and meeting all of

00:56:42 SPEAKER_659: the other zoning requirements The applicant has requested a maximum accessory lot coverage of fifteen percent which would be larger than the footprint of the existing building With respect to accessory height the applicant has requested a maximum six five

00:56:59 SPEAKER_659: meter accessory building For two twostory building with a raised basement and windows is shown in the elevations provided No elevations of the existing dwelling have been provided to compare it to the proposed building but the applicant has indicated that the

00:57:14 SPEAKER_659: existing building has a height of seven meters and a steeper roof pitch than the proposed building as is clear by the dormers that you see

00:57:23 SPEAKER_659: and the pitch that you can see in the photographs The elevations provided for the proposed building Show shallower pitch and an attempt to mitigate the height increase with a hiptohip roof style where the highest part of the roof does not

00:57:35 SPEAKER_659: extend to the sides of the building Staff have recently supported revisions to the overall zoning bylaw to permit a maximum accessory building height of six meters and council has endorsed this change in principle though it is not yet in force

00:57:49 SPEAKER_659: in effect

00:57:51 SPEAKER_659: Staff find the variances as requested affecting the size of the accessory structure to cumulatively exceed what is intended by the official plan and zoning bylaw and exceed what is necessary for the building proposed

00:58:06 SPEAKER_659: Staff do recommend approval of modified variances subject to conditions to consider the variances minor and desirable and to achieve the intent and purpose of the official plan as the modifications will help to ensure the form of the accessory building is

00:58:21 SPEAKER_659: subordinate to the main dwelling They'll help to mitigate the impact of the building and align with anticipated future zoning provisions as modified they will also facilitate the development of accessory residential uses on an existing residential

00:58:38 SPEAKER_659: serviced lot as

00:58:41 SPEAKER_659: implementing the provincial policy direction

00:58:45 SPEAKER_659: So it is recommended with conditions that the variances be modified and include that no accessory building on the lot shall be greater than six meters in height that the maximum lot coverage permitted for all accessory buildings shall not exceed twelve

00:59:01 SPEAKER_659: five percent that the total number of dwelling units on site shall not exceed three with a maximum of two in any accessory building that any accessory building having a building height greater than five meters which is the currently permitted height

00:59:15 SPEAKER_659: for accessory structures so anything in the varied area shall be constructed with a hip to hip roof style that the owner Provide revised plans that achieve the requirements of the zoning bylaw as varied confirm the number of trees to be

00:59:29 SPEAKER_659: removed and demonstrate how existing trees to be retained will be protected during construction That the owner provide cash in lieu of any trees to be removed

00:59:40 SPEAKER_659: to meet the residential tree protection policy That the owner protect

00:59:46 SPEAKER_659: trees on neighboring properties unless written permission is obtained and shared with the City of Oceansound for our records from neighboring properties property owners that the applicant provide a revised grading and drainage plan to include infiltration within the design and that

00:59:59 SPEAKER_659: the applicant provide a service that servicing arrangements acceptable to the city have been made

01:00:08 SPEAKER_659: Happy to

01:00:12 SPEAKER_659: Again sorry

01:00:14 SPEAKER_659: I'd be happy to answer any questions from the Thank you very much

01:00:20 Brian Green: I do have questions

01:00:25 Brian Green: Can we go back to the the site plan the grading plan

01:00:32 Brian Green: Now I'm familiar with this property from many years ago when I when I worked for the city and I remember it

01:00:42 Brian Green: cascading down to the what would be the

01:00:46 Brian Green: west That'd be the bottom of the screen there

01:00:50 Brian Green: So can I address engineering

01:00:55 Brian Green: You've addressed the grading and drainage plan Could you give us some background on that

01:01:01 SPEAKER_660: Good afternoon Chair and through you the applicant did provide a preliminary grading plan although it wasn't part of this application to look at Margaret did summarize We are looking for some things to be included as part of the building permit

01:01:16 SPEAKER_660: upcoming However the preliminary grading plan does appear to include a swale along the southern and western lot line with a small berm along the property line to direct stormwater generated from the property to the Seventh Street East road allowance

01:01:33 SPEAKER_660: So it will be refined still through the building permit but it does appear to be completed by a qualified person

01:01:42 SPEAKER_660: Thank you very much

01:01:46 SPEAKER_660: To

01:01:48 Brian Green: members of the public oh sorry the agent

01:01:52 Brian Green: wish to make a

01:01:54 Brian Green: an agent presentation They wish to make Thank you

01:01:59 SPEAKER_653: Thank you Stuart Doyle with Barry's Construction and through you Mr Chair Thank

01:02:04 SPEAKER_653: you again for considering this application It's a it's really new direction for intensification in the city with uninfill lots These ARUs so I suspect every lot will be a little bit different Just a touch base on the drainage question certainly

01:02:17 SPEAKER_653: our intention is to make the situation better than it has been over the years And I actually didn't realize till that question was asked that the grading plan had not been circulated to the public So obviously we we've got some

01:02:28 SPEAKER_653: work to do on that where we're going to make sure that we keep that water on the subject property and outlet onto the city property and really try well

01:02:36 SPEAKER_653: avoid going onto neighboring properties which I think has been done in the past And that's one of the reasons that we moved the ex was a building their existing building that was damaged I think a year or two ago So

01:02:48 SPEAKER_653: we took that footprint moved it further to the east so that we could accommodate some better drainage on that which we will deal with the engineering department as we move forward There's some modified

01:02:59 SPEAKER_653: provisions for the variances We have no issue with the max lot coverage down to 12 and a half We only went to 15 for some flexibility We just always try to build some of that in We would like committee to

01:03:10 SPEAKER_653: consider to remain at six and a half meters for the height

01:03:14 SPEAKER_653: As was mentioned the six meters has now been endorsed by council not enforced at this point But we'd still like to keep it at six and a half It allows us to have a basement for mechanical and also storage for

01:03:26 SPEAKER_653: the the tenants and hopefully then to avoid some outside storage on that lot So if we'd ask county or committee to consider that thank you

01:03:36 SPEAKER_653: Thank you very much

01:03:38 Brian Green: Half a meter eighteen inches that's fine

01:03:42 Brian Green: Okay Are there any questions or comments from members of the public for A two thousand and twenty six If so please stand give your name and the municipality in which you reside to the Secretary Treasurer and followed with your comments

01:04:07 Brian Green: Go

01:04:09 SPEAKER_661: My name is Susan Marshall and I live at an abutting property

01:04:15 SPEAKER_661: 856

01:04:17 SPEAKER_661: Street East which is Heritage Towers And our board sent

01:04:23 SPEAKER_661: a dated 28 2026 addressing

01:04:27 SPEAKER_661: three concerns

01:04:29 SPEAKER_661: drainage of water from this property

01:04:32 SPEAKER_661: any drawings We have not seen any drawings for the design of the proposed accessory building We have concerns on the proximity to the property line at their south end facing our property It

01:04:47 SPEAKER_661: appears that the new building would be right to the designated space 12 meters of the property line

01:04:56 SPEAKER_661: So we want some assurance and we also have concerns with the crawl space proposed for this building that there potentially could be an impact to the stability Of the wooden fence and that wooden fence which I in part paid for

01:05:10 SPEAKER_661: was built last summer after Barry Construction removed

01:05:16 SPEAKER_661: that building that was destroyed by snow through our property So we want the integrity of that fence preserved We don't want to have to tear it down and repay for that

01:05:30 SPEAKER_661: So I'm just wondering what the process is to have our valid concerns addressed by the city

01:05:39 Brian Green: Thank you very much Can the applicant speak to the fence and the

01:05:45 Brian Green: Thank you

01:05:55 SPEAKER_653: Thank you Thieu Mr Chair I think on the site plan it does indicate that the setback for the rear yard Was one point six eight We're proposing one point two which exceeds the requirement by about a foot which I do

01:06:09 SPEAKER_653: understand is close So we will have to work with them and as we do with many home builders and property owners every year how we have to maintain their fences and make sure that everything's put back the way it was

01:06:19 SPEAKER_653: when we're done

01:06:21 SPEAKER_653: And just as clarification I know she had said a crawl space We are proposing a basement in this building Thank you Thank you very much

01:06:34 SPEAKER_659: Just to help if anybody's interested as a point of clarification the notice did not have the grading and drainage plan and the elevations attached but the staff report do So if anybody's looking for those the grading and drainage plan and

01:06:49 SPEAKER_659: the elevation drawings provided by the applicant are part of the report online

01:06:55 Brian Green: Thank you very much I was wondering when I looked at it just where it Where it got to

01:07:00 Brian Green: Okay are there

01:07:03 Brian Green: any other questions from the public

01:07:06 Brian Green: Yes thank you

01:07:11 SPEAKER_662: Good afternoon My name is Brett Hoban I own the property at six one Eighth Avenue East

01:07:19 SPEAKER_662: Just through that presentation there my main issues with the construction I recognize the need for housing

01:07:26 SPEAKER_662: My main issues

01:07:29 SPEAKER_662: are drainage noise and

01:07:34 SPEAKER_662: just the impact it's going to have on my life Because

01:07:38 SPEAKER_662: you can see on the plan there I would look directly out at the building There is a big row of cedars there right now and it was mentioned during the presentation that there would be a possible impact on the trees

01:07:51 SPEAKER_662: on the property line I believe

01:07:54 SPEAKER_662: So I'm just looking for some clarification on that because it's about the only privacy I'll have from this new building

01:08:02 SPEAKER_662: And again I recognize the need for housing affordable housing at this time I

01:08:08 SPEAKER_662: I don't oppose it going in I just would like more information

01:08:14 Brian Green: Thank you very much I'm sure the applicants can address your concerns

01:08:20 SPEAKER_653: Thank you through Mr Chair Good question Thank you So again we did move the proposed building further to the east and the existing building which allows for the drainage to avoid that tree area And I also think that the staff

01:08:34 SPEAKER_653: included some pretty strong recommendations with respect to tree preservation So we'll have to work work hard on that to make sure we speak to the owners and provide good plans for that

01:08:49 SPEAKER_662: My apologies On the plan right now you can see on the what would be the western edge of that property It says there's an existing fence

01:08:59 SPEAKER_662: There is no existing fence from my property to the next one nor to the north of me where Jeff and his wife the Mazelles live That is not a complete fence It's

01:09:13 SPEAKER_662: it's wide open I've put up some snow fencing to keep my dogs in but

01:09:19 SPEAKER_662: that's about the only fence that remains Mainstay right now now

01:09:29 SPEAKER_653: Thank you Mr Chair Certainly as part of this we'll be installing a new fence on our property line for all the budding neighboring owners there Also with respecting where the trees are as well So be a bit of figuring that

01:09:40 SPEAKER_653: out but definitely put a new fence in

01:09:43 Brian Green: Thank you very much So that addresses your tree concern I hope and new fencing concerns

01:09:52 SPEAKER_662: I would say it somewhat addresses them after I look at the plans just to have a better idea But yes thank you

01:10:02 Brian Green: Okay have faith

01:10:05 Brian Green: Are there any further questions or comments from the committee to the applicant Secretary Treasurer Planning Division or persons who have made presentations

01:10:22 SPEAKER_651: Through you Chair I just want to make sure before we vote on this on the this elevation question

01:10:31 SPEAKER_651: So what is in this report now is six meters and you're asking

01:10:39 Brian Green: It's gone through council It's not in the zoning at this present time I think it's five point five

01:10:50 SPEAKER_659: Through you chair the current zoning permits five meters of height for an accessory building

01:10:57 SPEAKER_659: Staff are recommending to council as part of the update to the zoning bylaw but also in this instance a height of only six meters whereas the applicant had requested six point five

01:11:09 Brian Green: Thank you very much So he's looking for about another eighteen inches Right Yep Yeah

01:11:17 Brian Green: So you want to make a motion

01:11:27 Brian Green: Yes

01:11:29 SPEAKER_651: Chair I'd like to make a motion for approval of A zero two twenty six

01:11:36 SPEAKER_651: subject to the conditions outlined in the report

01:11:45 SPEAKER_651: So you're accepting Don't

01:11:49 SPEAKER_657: know how to word this Are you doing the six meter or the six and a half meter Six half

01:11:56 SPEAKER_657: I was My motion was sticking with the current height that was in the report of six meters

01:12:17 SPEAKER_329: Yeah just having a discussion Then like obviously since that's on the floor for our decisions and that kind of stuff I'm more of a proponent for for the six and a half so that we actually do have a functional basement

01:12:29 SPEAKER_329: and that kind of stuff If that's the difference between six meters and six and a half of a crawl space versus basement that makes that makes more sense

01:12:37 SPEAKER_329: Makes more sense on my side

01:12:44 SPEAKER_651: I would I would like to hear from planning their opinion on that half meter difference through you chair

01:12:54 SPEAKER_659: Through Mr Chair it is I guess about an eighteen inch difference Staff have recommended a condition that would implement what the applicant shows which is a hip to hip roof style which does somewhat mitigate The height impact

01:13:10 SPEAKER_659: The

01:13:12 SPEAKER_659: property is already two meters higher than its neighbors to the west So for that reason we were recommending the six meters rather than the six five just because the topography here isn't flat But it is on the floor for committee

01:13:32 SPEAKER_659: Thank you very much So

01:13:36 SPEAKER_659: I'll leave it to the committee

01:13:38 Brian Green: To make the decision on six five you can

01:13:47 SPEAKER_663: make the motion

01:13:49 SPEAKER_663: Yeah if you want to make the at six five that's fine Amendment Your motion's on the floor right now Correct

01:13:55 SPEAKER_663: We'd have to vote it down

01:13:58 Briana Bloomfield 2: So I'll just clarify you could withdraw your motion or you could accept a friendly amendment to your motion

01:14:05 Briana Bloomfield 2: So if you withdrew your motion then Member Hocko could bring forward another motion or if you wanted to accept like a friendly amendment then you could just amend your motion now If you would prefer the six point five meters over

01:14:17 Briana Bloomfield 2: six meters

01:14:21 Briana Bloomfield 2: I'll withdraw my motion

01:14:24 SPEAKER_329: Okay I I

01:14:27 SPEAKER_329: would like to put a motion for application A zero two twenty six for eight forty three Seventh Street East

01:14:36 SPEAKER_329: with the adjustment to the six and a half meter height and then with the remaining conditions of approval as presented

01:14:45 Brian Green: Thank you very much There's no further questions Does a member of the committee wish to make a motion for application A zero two twenty six

01:14:55 Brian Green: Thank you Sorry we both like them Sorry

01:15:01 Brian Green: Aye

01:15:02 Brian Green: Thank you The motion is carried

01:15:07 Brian Green: Please be advised that there is a 20day appeal period during which time the applicant the minister or specified persons or public body that has an interest in the matter may appeal today's decision During this appeal period no building permit may

01:15:20 Brian Green: be issued or other work commenced I now declare the public hearing

01:15:25 Brian Green: A022026

01:15:27 Brian Green: to be concluded The applicant may leave the meeting now if they wish to do so

01:16:06 Brian Green: Yeah you're talking

01:16:08 Brian Green: that much difference

01:16:10 Brian Green: Half a meter

01:16:13 SPEAKER_329: Yeah and it's I get it if it was if say if it was still council was doing five meters Oh that's different Yeah but since they're they just haven't finished the last bow to get to the six That's sorry

01:16:32 Brian Green: The committee will now take a recess before reconvening for the Property Standards Appeal Committee hearing at three pm

01:59:02 Brian Green: It is two minutes after one pm I will call this meeting

01:59:07 Brian Green: Sorry Oh sorry

01:59:09 Brian Green: Three Two minutes after three I do apologize for that

01:59:14 Brian Green: I will call this meeting back to order

01:59:17 Brian Green: I'd like to welcome everyone to these hearings today The Committee of Adjustment is appointed by bylaw to act as Property Standards Committee

01:59:25 Brian Green: under the Building Code Act and to hear appeals of the Property Standards Order

01:59:30 Brian Green: The Committee of Adjustment is now sitting as the Property Standards Committee The Building Code Act of Ontario gives the committee all the powers and functions of the officer who made the order and in disposing of the matter The committee may

01:59:42 Brian Green: confirm modify rescind or extend the time for complying with the order

01:59:48 Brian Green: if the committee's in the committee's opinion the general intent and purpose of the Property Standards Bylaw is maintained

01:59:57 Brian Green: I

01:59:59 Brian Green: would like to ask at this time that we

02:00:03 Brian Green: adjourn and go into camera

02:00:07 Brian Green: We'd like to discuss some items

02:00:09 Brian Green: before commencing

02:00:14 Brian Green: you have something to say No Okay

02:00:17 SPEAKER_664: Okay We will I'll just Sorry I'll just let Mr

02:00:23 Briana Bloomfield 2: Sorry Mr Jurgenson The committee is just going to deliberate in private in a separate room for a couple of minutes So just continue waiting there and we'll be back shortly

02:00:34 Briana Bloomfield 2: Sounds good Thank you

02:07:15 Brian Green: Please be advised that anyone other than the owner or the occupant and their representative representatives or interested

02:07:21 Brian Green: parties

02:07:22 Brian Green: as copied in the order who wish to receive notice of the decision of the Property Standards Committee or in the event that the committee defers its decision respecting the appeal such person or persons must leave their name and address in

02:07:36 Brian Green: writing with the Secretary of the committee prior to leaving the hearing by filling out the signing sheet located on the table outside council chambers

02:07:46 Brian Green: In addition the city or any owner occupant or person affected by the committee's decision may appeal to the superior court of justice by notifying the city clerk in writing and by applying to the court within 14 days after a copy

02:08:00 Brian Green: of the decision is sent The Property Standards Committee today will consider two appeals of the Property Standards Orders These

02:08:10 Brian Green: are electronic hearings The city and the appellant may may provide opening Statements statements The city will present its case and and will call their witnesses if any

02:08:21 Brian Green: Each witness is sworn affirmed by the secretary At the conclusion of the testimony of each of each city witness the appellant and then the committee may may ask questions of the witness

02:08:35 Brian Green: After the city has called their witnesses the appellant can call witnesses if any At the conclusion of the testimony of each appellant witness the city may then

02:08:45 Brian Green: the city and then the committee may ask their own questions of the witness

02:08:56 Brian Green: The city and and the appellant may make their closing statements Closing statements should include what each party is requesting of the committee With

02:09:06 Brian Green: excuse me

02:09:08 Brian Green: With respect to confirming modifying or Resending rescinding the order and or extending the time for occupying with the order complying with the order Sorry

02:09:19 Brian Green: The committee may then retire to

02:09:22 Brian Green: deliberate in the absence of the public the city and the secretary will

02:09:29 Brian Green: retire the committee

02:09:31 Brian Green: to sorry with the committee retire with the committee to record its decision Excuse me I shouldn't have eaten cake The committee will render its decision in the presence of the public the city and the appellant and andor

02:09:48 Brian Green: appellant's representatives

02:09:51 Brian Green: This is a public hearing

02:09:53 Brian Green: for an appeal of the property standards order at ten thirtyfive Second Avenue West by Kepler Real Estate Inc The city may now provide an opening The city may now provide opening statements

02:10:17 Brian Green: Master Chair

02:10:19 SPEAKER_665: and the members of the committee through the master chair this appeal concerns the property standards order of number OSBY two zero two five one zero nine two issued on January twentieth twenty six under section fifteen point

02:10:36 SPEAKER_665: two sub two of the Building Code Act in relation to 1035 Second Avenue West Owen Sound a residential property owned by Kepler Real Estate Inc

02:10:47 SPEAKER_665: The order followed an inspection prompted by the public health complaint and addressed four specific safety and sanitation issues sewage contamination in the basement improperly connected basement plumbing fixtures dangerous snow and ice above the

02:11:03 SPEAKER_665: main entrance and protruding porch Deck boards creating a tripping hazard

02:11:09 SPEAKER_665: The city's position is straightforward The order is not vague not excessive and not unreasonably in time It identifies each contravention cites the exact bylaw provisions engaged and sets out practical remedial steps to bring

02:11:25 SPEAKER_665: the property into minimum compliance The city therefore asks the committee to confirm the order

02:11:33 SPEAKER_665: This matter began When Gray Graybrews Public Health contacted the city on December 18 2025 after being advised by the firstfloor tenant Deann Courtney the toilet in the unfinished basement had overflowed about a week earlier Public Health reported

02:11:50 SPEAKER_665: that although plumbers had attended and the blockage had been addressed the sewage effluent that had overflowed onto the floor had not been properly cleaned or remediated Public Health further reported that Dried fecal matter and toilet paper remained in the affected

02:12:06 SPEAKER_665: area and that the tenant had attempted to clean the area herself by hosing it down

02:12:12 SPEAKER_665: Public health expressed concern that the incomplete cleanup could present a health hazard and asked that the city and the landlord keep public health informed regarding cleanup sanitation and timing

02:12:24 SPEAKER_665: So from the onset this was not a cosmetic dispute It was sanitation and health issue raised by the public health itself

02:12:33 SPEAKER_665: Following that complaint Officer Riley Brugess attended the property on January 9 2026 The consent to enter was obtained from the tenant and that the officer inspected both the basement and the exterior portions of the property During that inspection the officer

02:12:49 SPEAKER_665: observed that the basement floor had not been properly cleaned or sanitized following the sewage overflow Dried fecal matter remained visible in several locations including near the shower At the base of the toilet and the storage area

02:13:03 SPEAKER_665: the records show that while parts of the floor appeared to have been rinsed the sanitation work remained incomplete and the basement was still in an unsanitary condition The officer also observed that the toilet and shower fixtures in the basement remained

02:13:18 SPEAKER_665: connected to the sewage system even though the water connected had been disconnected and that the water and waste material remained present in the toilet bowl The officer concluded that this condition posed a risk of leakage and the escape of odors

02:13:33 SPEAKER_665: or gases from the sewage system

02:13:36 SPEAKER_665: On the on the exterior

02:13:39 SPEAKER_665: the inspection also identified dangerous accumulation of snow and ice above the main entrance The tenant reported that large piece of ice approximately five foot by one foot had fallen from the roof onto the porch below and another similar sized piece

02:13:55 SPEAKER_665: had fallen onto the driveway The officer confirmed that the roof above the front porch contained dangerous accumulation of snow and ice and concluded that this presented a risk to the occupants entering or leaving the property

02:14:09 SPEAKER_665: Finally the officer observed that a previously repaired section of the wooden deck at the front porch had shifted upwards and protruded approximately onehalf inch above the surrounding boards creating a tripping hazard immediately in front of the main entrance The

02:14:26 SPEAKER_665: inspection findings are not abstract The photographs taken during the inspection confirm the presence of sewage residue in the basement the snow and ice hazard and the protruding deck boards

02:14:38 SPEAKER_665: The tenant's own disclosure package reinforces those observations

02:14:46 SPEAKER_665: The tenant's disclosure shows that the basement area in December two thousand and twentyfive includes visible contaminated floor surfaces near the bathroom And toilet area

02:14:56 SPEAKER_665: shows substantial ice icicles hanging directly over the entrance and the tenant's email specifically says that the photos show the ice buildup dangerous icicles above the entrance large ice chunks that came off the roof and the raised boards on the porch

02:15:12 SPEAKER_665: The appeal brief's photo section also includes the officer's photo evidence

02:15:19 SPEAKER_665: Following the inspection the city issued an order on January twentieth twenty twentysix the order cites the specific bylaw provisions engaged sanitary floors sewage facilities roofs

02:15:31 SPEAKER_665: free of unsafe material exterior stairs porches verandas balconies maintained in good repair and exterior areas kept clear of dangerous accumulation of snow and ice Item one of the order requires proper sanitation of the area where the toilet

02:15:47 SPEAKER_665: is unfinished basement overflowed and proper sewage effluent remediation with proof of completion Item two requires that the shower and toilet either be repaired so that it operates properly or be closed off disconnected and capped Item three addresses the dangerous

02:16:04 SPEAKER_665: snow and ice conditions above the main egress and requires at minimum removal of the snow and ice from the roof portions near the egress walkways or driveways Item four requires that the protruding boards be secure flush with the surrounding boards

02:16:19 SPEAKER_665: The compliance date was March three two thousand and twentysix which calculates approximately fortythree days from issuance The city's position is that there's more than sufficient time to either complete the work or ask for an extension

02:16:35 SPEAKER_665: That is especially important because that in on January twenty th cover email the city expressly told Kepler Real Estate Inc that if the factors outside of its control required reasonable Extension it should advise the city before the due date provide

02:16:51 SPEAKER_665: the reason for the request provide the date requested and provide evidence

02:16:57 SPEAKER_665: However the landowner did not do so

02:17:01 SPEAKER_665: The appellant's notice of appeal says that says that the order is vague excessive and allows insufficient time It also says that item one improperly requires third parties and item three allegedly creates an ongoing obligation

02:17:16 SPEAKER_665: But the order is not vague It identifies the property the date the inspector the bylaw sections the exact description of each violation and the exact work required to comply This is not a case where the owner was left guessing about

02:17:30 SPEAKER_665: what the problem was

02:17:32 SPEAKER_665: The order is also not excessive The required work tracks exactly with the conditions found sewage contamination required sanitation connected sewage fixtures required repair and disconnection dangerous ice above The entrance required removal and prevention measures

02:17:49 SPEAKER_665: and protruding porch boards requiring securing flush with surrounding boards As for the appellants' claim that the city improperly forced it to hire thirdparty contractors if the owner used its own maintenance staff those staff could have provided a written

02:18:05 SPEAKER_665: statement indicating that the sanitary issue had been completed The problem was not the owner's own staff were barred The problem was that no convincing written proof of completed sanitation was provided

02:18:17 SPEAKER_665: The appellant also argues that the sewer backup originated in the city system Even if that were accepted for the sake of argument it does not answer the property standards issue actually before the committee Once sewage has entered a rental property

02:18:32 SPEAKER_665: the owner still has to ensure that the contaminated interior area is properly clean and sanitized and that unsafe connected fixtures are addressed

02:18:43 SPEAKER_665: The appellant further argues that the snow and ice are merely seasonal and transient but the city is not here because of weather exists The city is here because the officer found a dangerous accumulation above the main means of egress and

02:18:57 SPEAKER_665: the tenant reported that the large piece of ice had already fallen onto the porch and driveway The tenant's photographs support that

02:19:06 SPEAKER_665: Finally the appellant says that the porch board issue is trivial but the order does not see seek major reconstruction It requires only that the raised boards be secured so that they are flush with the surrounding boards The appeal brief photo

02:19:20 SPEAKER_665: materials identified protruding and damaged deck boards at the front port

02:19:26 SPEAKER_665: Through Officer Burgess the city will establish that the complaint history the January nine th inspection the conditions personally observed the January nine th and January twenty communications the owner's failure to provide satisfactory written proof of complete sanitation

02:19:42 SPEAKER_665: and the reasonableness of the order

02:19:45 SPEAKER_665: through the tenant D and Courtney the city will establish that actual conditions on the ground the sewage overflow and incomplete cleanup the dangerous ice over the entrance

02:19:57 SPEAKER_665: fallen the fallen ice the raised porch board At the end of the hearing the evidence will show that the city acted within jurisdiction inspected the property identified Specific noncompliance nonconformities and issued a remedial order that was proportionate to the actual

02:20:13 SPEAKER_665: conditions observed For those reasons the city is the city asks the committee to dismiss the appeal and confirm the order

02:20:29 SPEAKER_665: Thank you very much

02:20:32 Brian Green: The appellant may now provide opening statements

02:20:43 SPEAKER_666: Good afternoon Master Chair and Committee Members I will start off by mentioning that it is vital for the committee to understand that they have the unfettered power to rescind orders in any and all circumstances They are free to do so

02:20:57 SPEAKER_666: critically even in cases where they are certain that the law has been violated On September eighteenth twenty eighteen the Property Standards Committee did precisely this with respect to an order against Gray Bruce Properties Rental Incorporated

02:21:12 SPEAKER_666: I will start off with just reviewing our executive summary in there in our

02:21:20 SPEAKER_666: case here With number one

02:21:23 SPEAKER_666: sewage and sanitation which is items one and two the municipal infrastructure failure Professional plumbing reports prove that the sewage backup was caused by a blockage about 100 to 105 feet away from the property located in middle

02:21:39 SPEAKER_666: of the road in line with the city manholes Legal precedent with Othsook versus Thunder Bay A municipality is liable for nuisances caused by its own sewer system The city cannot cite an owner for a violation

02:21:55 SPEAKER_666: caused by a failure of the city's own infrastructure In regards to snow on the roof item three transient conditions versus illegal upgrades Snow and ice are transient weather events not permitted structural defects Obviously

02:22:11 SPEAKER_666: by the time of this hearing that came around the violation is naturally abated There is no more accumulation on said roof The officer is using a maintenance standard to demand capital structure upgrades For example attic insulation ventilation

02:22:28 SPEAKER_666: upgrades ice guards etc A problem property standards order cannot mandate retrofitting a building to modern standards if it was already compliant when the when the building was erected

02:22:41 SPEAKER_666: Citing loose objects and materials section two point four point two point two to regulate slow snow is a distortion of the bylaws intent In regards to the porch deck item four the diminutus trifle argument the

02:22:58 SPEAKER_666: cited tripping hazard is a high halfinch protrusion caused by natural seasonal expansion of the wooden material Upholding a formal legal order and a two hundred and twentydollar processing fee for just a half an inch board is disproportionate

02:23:14 SPEAKER_666: and punitive use of municipal power This is a minor maintenance issue not a hazard Administrative and procedural issues The enforcement action was triggered by hearsay from a tenant and public health email Rather than an objective independent discovery

02:23:30 SPEAKER_666: of a structural deficiency ordering other appropriate stepsthat's quoted other appropriate steps for the roof offers no clear standard for compliance setting the owner up for inevitable failure based on the subjective satisfaction of the officer

02:23:47 SPEAKER_666: So for sewage the professional plumbing reports prove that the sewage backup was caused by a blockage like I said 104 to 105 feet away from the property located in the middle of the road in line with the city manholes we

02:24:00 SPEAKER_666: form we have formally requested reimbursement from the city for the cost of this plumbing clog Legal precedent the municip a municipality is liable for nuance nuisances caused by the sewer system The city cannot cite the owner for a violation caused

02:24:17 SPEAKER_666: by this failure

02:24:19 SPEAKER_666: In any case the sewage and backup has been resolved And cleaned up

02:24:26 SPEAKER_666: In regards to timeline the city did not immediately clean up their mess as this was caused on from their property Bylaw is agnostic about who cleans When the city did not clean we did have one contractor attend to begin the

02:24:41 SPEAKER_666: cleaning The tenant also cleaned acting as an agent And then furthermore we sent a third additional contractor to go in to sanitize and reclean the basement

02:24:53 SPEAKER_666: We have an obligation under the doctrine of mitigating damages to mitigate our own losses as caused by the city We protected the city by subsequently sending a third cleaner in addition to the first two cleans to do a supplementary sanitizing

02:25:09 SPEAKER_666: on or about March thirty first two thousand and twenty six Like I said in any case the backup has been resolved The toilet has been capped off and the shower is actually working and has always worked The water lines work

02:25:25 SPEAKER_666: The drain in the shower work So the shower is is essentially not an issue For the snow the snow is gone No further work has been required As Brian Green mentioned on March three rd this should be handled by a

02:25:41 SPEAKER_666: separate bylaw In any case orders must have

02:25:47 SPEAKER_669: because these are hearsay statements And there's no reference to where the came from

02:25:53 SPEAKER_666: It was on the public committee when they were meeting about this that

02:26:00 SPEAKER_666: Mr Green mentioned that this should be handled by a separate bylaw

02:26:11 SPEAKER_666: In any case orders must have defined completion dates allowing for opening and closing not an ongoing maintenance issue they do not exist in perpetuity For the portion deck though too small and imperfection to

02:26:27 SPEAKER_666: justify an order we have made the repair and fixed the half inch adjustment so the deck boards are flush and do not pose a tripping hazard

02:26:40 SPEAKER_666: It has always been the city's practice to as late as legally permissible before the hearing for purposes Of of evidence submission have an officer reattend the property before the hearing to provide the committee with the most recent update In this

02:26:54 SPEAKER_666: case the officer failed to observe the constant and longstanding city practice We have never before observed an officer failing to conduct a prehearing followup inspection to present to the committee While this inspection would have ordinarily been done the morning of

02:27:09 SPEAKER_666: this hearing procedural changes in 2024 require that this inspection to be done ahead of March 24 2024 twenty six

02:27:22 SPEAKER_666: Thank you very much

02:27:25 Brian Green: The city may present its case

02:27:35 SPEAKER_665: Sorry my first witness is Officer Riley Brugess

02:28:00 Briana Bloomfield 2: So as per the Property Standards Committee procedure a witness must be sworn or affirmed Both options mean that you are making a solemn spoken promise slash declaration to tell the truth An oath is where you swear to your religious deity

02:28:12 Briana Bloomfield 2: and affirmation is when you promise on your personal honor with no reference to a higher power Which do you prefer

02:28:20 Briana Bloomfield 2: I'll affirm

02:28:23 Briana Bloomfield 2: Do you Riley Bruges solemnly affirm that you will tell the truth

02:28:27 Briana Bloomfield 2: I do

02:28:36 SPEAKER_665: Were you the assigned property standards officer for this case concerning this property

02:28:43 SPEAKER_665: I was

02:28:48 SPEAKER_665: What was the case description or subcategory recorded for this file

02:28:54 Carol Merton 2: This was a property complaint It was a property standards matter regarding a rental standards and sanitary conditions complaint

02:29:04 SPEAKER_665: Does the case package identify Kepler Real Estate Inc as the property owner

02:29:10 SPEAKER_665: Yes it does

02:29:15 SPEAKER_665: Did this file begin after the city received a complaint from Gray Bruce Public Health about sewage contamination in the basement

02:29:24 SPEAKER_665: That is correct

02:29:28 SPEAKER_665: And how was it identified by the Gray Bruce Public Health

02:29:33 Carol Merton 2: It was identified by an email I believe

02:29:37 Carol Merton 2: on

02:29:46 Carol Merton 2: Sorry the wrong one

02:29:56 Carol Merton 2: I don't have the exact date here

02:29:59 SPEAKER_665: May I present this book for him to follow It's been before the committee You may

02:30:16 SPEAKER_665: So if I can get you to go to page nineteen

02:30:30 SPEAKER_667: do you see the email from the health unit there

02:30:33 SPEAKER_667: I do Yes

02:30:40 SPEAKER_667: We'll get this down Pat

02:30:42 SPEAKER_665: Could you advise the date of that email from the health unit

02:30:46 Carol Merton 2: The date is December eighteen two thousand and twentyfive

02:30:52 SPEAKER_665: Can you please describe what the public health reported to the city in that complaint

02:31:01 Carol Merton 2: Public health reported that a toilet in the unfinished basement overflowed approximately a week prior That the landlord was contacted and that plumbers were dispatched to resolve the issue It further stated that the work

02:31:19 Carol Merton 2: was completed by Dirt Dogs but left the toilet clogged and did not clean up the sewage effluent

02:31:31 SPEAKER_665: If I can get you to go to page thirty thirteen

02:31:38 SPEAKER_665: did the public health also report that dried fecal matter and toilet paper remained in the affected area and that the tenant had attempted to clean it herself

02:31:48 SPEAKER_665: Yes it does

02:31:54 SPEAKER_665: Can you read that to for the committee

02:32:01 Carol Merton 2: I sure can So it says that the tenant indicated that the plumbers advised her that she should not use the water and left Other

02:32:11 Carol Merton 2: tenant attempted to clean the affected area but there was still dried fecal matter and toilet paper in that area

02:32:21 SPEAKER_665: If I can get you to go back to page nineteen

02:32:24 SPEAKER_665: did the public health ask the landlord and the city keep them informed about the progress and timeline for removing the effluent remnants and sanitizing the basement

02:32:38 SPEAKER_665: Yes it does

02:32:41 SPEAKER_665: And how did they inform the appellant

02:32:46 Carol Merton 2: The appellant was included in that email correspondence

02:32:51 Carol Merton 2: And what is the date of that correspondence

02:32:54 Carol Merton 2: That is the email on December eighteen twenty twentyfive

02:33:01 SPEAKER_665: After receiving that complaint did you attend the property on January nine two thousand and twentysix to an inspection

02:33:08 SPEAKER_665: That is correct I did

02:33:14 SPEAKER_665: Was consent to enter obtained from the tenant for that inspection

02:33:19 SPEAKER_665: Yes that is correct

02:33:23 SPEAKER_665: What parts of the property did you inspect on January nine ninth

02:33:28 Carol Merton 2: I completed an inspection of the basement as well as the exterior of the property

02:33:36 SPEAKER_665: During that inspection what did you observe in the basement with respect to sewage contamination and sanitation

02:33:44 Carol Merton 2: During that inspection I observed that the tenant did rinse down the basement floor

02:33:51 Carol Merton 2: but did not complete any sort of sanitation Further I observed dried fecal matter around the toilet inside the shower and around the storage area

02:34:04 SPEAKER_665: If I can get you to go to page nine

02:34:14 SPEAKER_665: in the order in item number one does it disclose the exact information that you have disclosed

02:34:23 Carol Merton 2: Yes item number one provides a description of that observation and some work that's required to comply to remediate that issue

02:34:34 SPEAKER_665: If I can get you to go to page thirtythree to fortyone

02:34:46 SPEAKER_665: can you advise the committee what this is

02:34:50 SPEAKER_665: between the pages of thirtythree and fortyone and describe

02:34:55 Carol Merton 2: Yes So between thirty three pages thirty three and forty one are my inspection photos that I that I took during the inspection The first photo there is a photo of the basement bathroom where the toilet is in that bathroom and

02:35:10 Carol Merton 2: it shows the dried fecal fecal matter around the base of the toilet there

02:35:17 Carol Merton 2: Photo two on page thirty four is similarly The the toilet

02:35:21 Carol Merton 2: showing the water being disconnected

02:35:25 Carol Merton 2: Photo three is the other side of the toilet

02:35:31 Carol Merton 2: Photo four is the floor area in the bathroom in front of the shower and in front of the toilet where you can see that the floor is very dirty

02:35:47 Carol Merton 2: Photo five is the front of the shower area which shows similarly that the floor is unclean

02:35:55 Carol Merton 2: Photo six shows inside the shower area where you can see further dried fecal matter in the shower pan

02:36:03 Carol Merton 2: Photo seven is in the storage area where you can see the depth of the sewage that was

02:36:10 Carol Merton 2: flooding the basement at one time inside the shower pot and you can also see some dried dried fecal matter in that photo On page forty you can see a photo of some plumbing that's there and some some dried fecal matter

02:36:25 Carol Merton 2: there

02:36:27 Carol Merton 2: On page forty one is a separate

02:36:31 Carol Merton 2: storage area that did not have any visible fecal matter

02:36:36 Carol Merton 2: On page forty two is the front deck where you can oh sure

02:36:45 SPEAKER_665: So if you go to page fiftyfive to sixtythree can you confirm to the committee that these are the same photos just in a larger form

02:36:57 SPEAKER_665: That appears to be correct

02:37:04 SPEAKER_665: When you were at the property you observed that the basement floor had not been properly cleaned or sanitized after the overflow Correct

02:37:13 SPEAKER_665: That is correct

02:37:16 SPEAKER_665: And you can confirm that you observed dried fecal matter near the shower at the base of the toilet and within the storage area Correct

02:37:23 SPEAKER_665: That is correct

02:37:27 SPEAKER_665: Did it appear that parts of the basement floor had been rinsed but the sanitation remained incomplete

02:37:33 SPEAKER_665: Yes it

02:37:37 SPEAKER_665: did During your inspection did you also observe that the toilet and shower in the basement remained connected to the sewage system even though the water connection had been disconnected

02:37:49 Carol Merton 2: That is correct The toilet was disconnected from from the water system as you can see on page 55

02:37:57 Carol Merton 2: The shower itself did not I did not do an inspection on whether the shower itself was disconnected

02:38:06 SPEAKER_665: Was there still water or waste material present in the toilet bowl

02:38:11 Carol Merton 2: Yes there was there was water as well as toilet paper inside the toilet bowl

02:38:20 SPEAKER_665: Why did that condition matter from a property standards perspective

02:38:26 Carol Merton 2: That condition mattered

02:38:29 Carol Merton 2: because it could continue to cause issues with flooding or overflowing

02:38:36 Carol Merton 2: It can also cause hazardous gases to come up from the sewage system

02:38:42 Carol Merton 2: So if the if the sewage connections are to be unused then they should be properly disconnected and capped

02:38:53 SPEAKER_665: During that same inspection did you identify hazards relating to snow and ice above the front entrance

02:38:59 SPEAKER_665: Yes I did

02:39:03 SPEAKER_665: What did the tenant report to you concerning falling ice from the roof above the main entrance

02:39:10 Carol Merton 2: The tenant reported that

02:39:13 Carol Merton 2: very large pieces of ice had fallen from the roof I believe they were approximately five foot by one foot so they were very large pieces that had fallen from the roof onto the porch and onto the driveway of the property

02:39:28 Carol Merton 2: and those were visible during my inspection

02:39:31 SPEAKER_665: If I can get you to go to page 46 48

02:39:42 SPEAKER_665: Could you advise this committee what these pictures are

02:39:46 Carol Merton 2: So on page fortysix that shows the large piece of ice that fell from the roof of the property It fell onto a portion of the porch that is used by the tenant

02:39:59 Carol Merton 2: On page fortyeight is the similarsized piece that fell onto yourself the roof above

02:40:13 SPEAKER_665: the front porch contained a dangerous accumulation of snow and ice

02:40:19 SPEAKER_665: That is correct

02:40:23 SPEAKER_665: Did the reported falling ice include a piece approximately five foot by one foot falling onto the porch and any other similar size piece falling onto the driveway

02:40:33 SPEAKER_665: That is correct

02:40:36 SPEAKER_665: What conclusion did you reach about the risk created by the accumulation of snow and ice

02:40:43 Carol Merton 2: Based on the size of the ice that had fallen I was definitely concerned that anyone that was accessing that property or was on the porch or in the driveway area could be hurt from

02:40:56 SPEAKER_665: that Did you also observe a condition with a wooden deck boards at the front porch

02:41:03 Carol Merton 2: Yes there was a portion of the porch that was repaired by the property owner that had protruded approximately a half inch

02:41:11 SPEAKER_665: If I can get you to go to page forty two to forty four

02:41:19 SPEAKER_665: can you explain these pictures

02:41:22 Carol Merton 2: So on page forty two is a photo of the repaired portion of the deck

02:41:28 Carol Merton 2: On page forty three you can see me measuring the size of the protrusion which was approximately a half inch and on page fortyfour is a closer view of that same measurement

02:41:42 SPEAKER_665: If I can get you to go to page sixtyfour and sixtysix

02:41:50 SPEAKER_665: can you confirm to the committee that these are the same photographs just made larger

02:41:58 SPEAKER_665: Those are the same photographs

02:42:02 SPEAKER_665: So what exactly did you observe with these porch boards

02:42:07 Carol Merton 2: I observed that these porch boards had protruded approximately a half inch and I was concerned that those could be a tripping hazard for anyone that was accessing the property

02:42:20 SPEAKER_665: With regards to the photographs taken were they taken during or around the inspection that confirmed the presence of the sewage residue in the basement the snow and ice hazard and the protruding deck boards

02:42:32 Carol Merton 2: Yes that was all completed during the same inspection

02:42:37 Carol Merton 2: Did you take these photographs

02:42:39 Carol Merton 2: Yes I took these photographs myself

02:42:47 SPEAKER_665: In your case brief does it give you a description regarding what each picture is

02:42:55 SPEAKER_665: Yes it does

02:43:01 SPEAKER_665: Are these photographs consistent with what you observed at the property on January ninth

02:43:08 SPEAKER_665: Yes they are

02:43:11 SPEAKER_665: After your inspection did you send a communication to Kepler Real Estate Inc on January ninth describing what you had observed

02:43:19 SPEAKER_665: I believe I did

02:43:22 SPEAKER_665: If I can get you to go to page twentythree

02:43:30 SPEAKER_665: Can you discuss with the committee or describe to the committee what that email is and the date of that email

02:43:39 Carol Merton 2: Page twentythree shows an email from myself to Kepler Real Estate Inc and copying one of the public health inspectors explaining that an inspection was completed at the property explaining the violations that were found and providing

02:43:56 Carol Merton 2: details of what needed to be completed

02:44:02 SPEAKER_665: Did you also state that in the communication that the tenant has hosed down the affected area of the dry fecal matter still appeared to be present

02:44:14 SPEAKER_665: That is correct

02:44:17 SPEAKER_665: Did the tenant disclose to you that they were acting as an agent for the landlord when they did that

02:44:24 Carol Merton 2: no During the inspection the tenant informed me that they did that due to a lack of the property owner completing the the sanitation themselves

02:44:34 SPEAKER_665: In that same communication did you ask the owner to provide an invoice or statement indicating sanitation had been completed

02:44:43 Carol Merton 2: Yes On the second paragraph of that email I asked that the property owner provide me a copy of the invoice or statement from the agent or contractor indicating that sanitation was completed

02:44:56 SPEAKER_665: Did you advise that the work had been in fact been completed The owner could provide that documentation

02:45:06 SPEAKER_665: Sorry could you repeat that question one

02:45:11 SPEAKER_665: more time Did you advise that if the work had in fact been completed the owner could provide that documentation

02:45:19 SPEAKER_665: That is correct

02:45:23 SPEAKER_665: At any time up until this appeal day today has the owner ever provided you with that documentation

02:45:30 SPEAKER_665: No they have not

02:45:34 SPEAKER_665: If you had received that documentation would you have done a secondary inspection

02:45:40 Carol Merton 2: Yes I would have reviewed the the copy of the statement that they provided me and I would have Completed a followup inspection based on that information

02:45:52 SPEAKER_665: And did you leader on January 20th attach the order and advise the owner that if factors outside its control required a reasonable extension the owner should say so before the compliance date and provide reasons and evidence If you can

02:46:08 SPEAKER_665: go to page 22

02:46:11 SPEAKER_665: That is correct

02:46:16 SPEAKER_665: On page twentytwo does it have that there

02:46:20 SPEAKER_665: Yes it does

02:46:24 SPEAKER_665: Did the owner provide you with any written statement from its own maintenance staff confirming the sanitary work had been completed

02:46:32 SPEAKER_665: No they did not

02:46:35 SPEAKER_665: Did the owner request an extension before the compliance date and provide reasons and evidence for that request

02:46:42 SPEAKER_665: No did no they did not

02:46:46 SPEAKER_665: Following your inspection was the property standards order under OSBY two zero two five one zero nine two issued on January twentieth twenty twenty six

02:47:04 SPEAKER_665: It's in the appeal brief page seven

02:47:08 Carol Merton 2: Yes the order was issued on January twentieth twenty Six

02:47:15 SPEAKER_665: So if I can get you to go to page seven

02:47:30 SPEAKER_665: in this order does it state it has been established by inspection that the property did not conform to the bylaw

02:47:39 SPEAKER_665: That is correct

02:47:43 SPEAKER_665: What were the four items identified in the order

02:47:50 Carol Merton 2: The four items related to sewage effluent and the cleanup of that the capping or disconnection of the unused shower and toilet the removal of dangerous accumulations of snow

02:48:06 Carol Merton 2: and ice and the repair of a wooden deck item had number one required proper sanitation of the area where the toilet overflowed improper

02:48:22 SPEAKER_665: sewage influent Remediation as required by the Great Bruce Health Unit was that in that

02:48:29 SPEAKER_665: Yes it was

02:48:32 SPEAKER_665: Did item number two require that the shower and toilet be repaired for proper operation or else closed off disconnected or capped to prevent leakage or odors

02:48:43 SPEAKER_665: Yes it does

02:48:45 SPEAKER_665: Did item number three address the danger of accumulation of snow and ice above the main means of egress and required at a minimum removal of snow and ice near egress walkways and driveways throughout the winter months

02:48:59 SPEAKER_665: Yes it does

02:49:02 SPEAKER_665: Did item four require the protruding porch boards be secured so that they were flush with the surround surrounding boards

02:49:09 SPEAKER_665: Yes it does

02:49:15 SPEAKER_665: What was the compliance date that the order provided

02:49:19 Carol Merton 2: The order provided a compliance date of March third twenty twentysix

02:49:25 Carol Merton 2: Was that approximately fortythree days

02:49:28 Carol Merton 2: Yes it was

02:49:31 SPEAKER_665: In your view was that more than sufficient amount of time to either complete the work or ask for an extension with supporting information

02:49:39 SPEAKER_665: Yes it was

02:49:42 SPEAKER_665: Is there anything else that you would like to add to this committee

02:49:46 SPEAKER_665: Not at this time no

02:49:53 SPEAKER_665: That concludes my questioning of the bylaw officer

02:49:57 SPEAKER_665: Thank you very much

02:50:02 Brian Green: Does the appellant Wish wish to ask the ask the their own questions of the witness

02:50:12 SPEAKER_666: Yes I'd like to ask if the officer did test the shower system as he claimed

02:50:21 SPEAKER_666: that it is it was not in working

02:50:25 SPEAKER_666: order

02:50:27 Carol Merton 2: The shower was not tested as you'll see on item number two I said the unused toilet and shower in the bathroom

02:50:36 Carol Merton 2: remain connected to the sewer system The water the water connection has been disconnected So I will say that with that statement I did intend to speak to the toilet specifically not to the shower When I said that the water was

02:50:50 Carol Merton 2: disconnected

02:50:56 SPEAKER_666: and in regards to the the capping I guess the question would be how

02:51:06 SPEAKER_666: would how would you how do

02:51:09 SPEAKER_666: you see fit that by capping whether it's the shower or the toilet if

02:51:17 SPEAKER_666: by city backup how would how are you

02:51:22 SPEAKER_666: confident that would not continue to affect the building

02:51:28 Carol Merton 2: So if you look at section two point three point two point five point three point one of the bylaw which is in which is copied on the order it says that where sewage facilities cease to be required for any building

02:51:42 Carol Merton 2: the same shall be closed off and all plumbing leading to the same capped in order to prevent leakage or the escape of odors or gases

02:51:50 Carol Merton 2: The tenant informed me that the bathroom was not being used and based on the fact that the Toilet had been disconnected and the fact that there there was a a leak of sewage I determined that it would be necessary to

02:52:06 Carol Merton 2: cap it off or repair those fixtures so that so that wouldn't happen again

02:52:14 SPEAKER_666: Because it's a basement section of the building the landlord has the option to utilize that basement Did you ask the landlord Whether whether the company was using the shower or toilet

02:52:31 SPEAKER_666: to confirm that it was not in use

02:52:34 SPEAKER_666: No I did not

02:52:38 SPEAKER_666: I have no other questions at this time

02:52:42 Brian Green: Thank you very much Are there any questions for the witness from the committee

02:52:57 Brian Green: The appellant may present his case

02:53:17 SPEAKER_666: So as stated in my opening discussion there for sewage and sanitation Because this was a municipal infrastructure failure we have confirmation in our package evidence package that

02:53:33 SPEAKER_666: shows the professional plumbing reports proving that the sewage backup was caused by a blockage one hundred and four to one hundred and five feet away from the property The

02:53:47 SPEAKER_666: as with the legal precedent a municipality is liable for nuisances caused by its sewer system The city cannot cite an owner for a violation caused by a failure of this of the city's own infrastructure

02:54:04 SPEAKER_666: So even if the lines were copped in the basement due to the city's infrastructure failing it still would have come back whether it was down in the basement or up on the first floor Unit unit of

02:54:21 SPEAKER_666: this building

02:54:30 SPEAKER_666: Just give me one sec here

02:54:54 SPEAKER_666: So our primary argument is that we can test the validity of items one and two of the order The sewage backup cited by the city was not caused by blockage within within the property was located on city property

02:55:12 SPEAKER_666: due to their infrastructure We had Gray Bruce Plumbing Limited attend attended the property We have invoices attached in in our evidence

02:55:24 SPEAKER_666: Exhibit B dash one and work orders as well which is Exhibit B dash two B dash three

02:55:32 SPEAKER_666: So like I said they attended on December eleventh and twelfth and their findings concluded that the blockage was out on city property 104 to 105 feet away The The blockage was found two point eight meters deep

02:55:49 SPEAKER_666: at a point just before and I quote just before this it ties into the city sewer The middle of the road is indisputably municipal property

02:56:02 SPEAKER_666: The city has not provided evidence to support any assertion that the items causing the backup originated at the subject address

02:56:12 SPEAKER_666: Debris may have originated from other properties on the street and flowing to our our property at ten thirty five The jurisdictional responsibility standard municipal practice dictates that the property owner is

02:56:29 SPEAKER_666: responsible for the lateral line of the property boundary The blockage located at one hundred and four to one hundred and five feet away in the middle of the road and in line with municipal manholes is clearly within the city's area

02:56:41 SPEAKER_666: of responsibility and the fecal matter and effluent cited in the property standards order which was item one were the direct result of this municipal side blockage forcing sewage back into the building For sanitation

02:56:58 SPEAKER_666: remediation the order requires proper sewage effluent remediation based on an overflow Since the overflow was caused by the city's failure to maintain the sewer the sewer main as evidenced by

02:57:14 SPEAKER_666: our professional plumbers the city should be responsible for the cost of remediation or at the very least cannot cite the owner for a violation caused by external municipal factors

02:57:28 SPEAKER_666: The requirement to cap facilities The order suggests that unused toilet and unused shower must be repaired or closed off disconnected or capped

02:57:39 SPEAKER_666: Essentially we've we have capped the toilet line and the the officer there has stated he did not actually in fact test the shower which it is in working order

02:57:54 SPEAKER_666: Into

02:58:00 SPEAKER_666: the snow and ice accumulation Sorry going back Sorry

02:58:05 SPEAKER_666: to

02:58:07 SPEAKER_666: To the sewer backup factual error regarding the shower functionality Like I said the officer did not in fact test both

02:58:19 SPEAKER_666: both the toilet and the shower Just the toilet The toilet was connected to the line or to the city sewer It's been capped but the shower does remain functional and in use

02:58:35 SPEAKER_666: Procedural Unfairness The improper application of Section 2531 The order

02:58:41 SPEAKER_666: cites Section 2531

02:58:46 SPEAKER_666: which requires capping where sewage facilities cease to be required Because the shower is fully functional and connected to the water is clearly not ceased to be required The officer's incorrect assumption that the water was disconnected led to the improper application

02:59:00 SPEAKER_666: of this bylaw section This factual error combined with the The failure to recognize that the backup was caused by the city infrastructure as proven in Exhibit Two suggests an incomplete inspection of the process The demand for private invoices

02:59:17 SPEAKER_666: The officer demanded an invoice from a contractor for cleaning Under the Building Act Code an officer has the right to inspect a physical condition They do not have the statutory authority to audit an owner's private financial records or demand invoices

02:59:32 SPEAKER_666: for cleaning services as a condition of a compliance demanding an invoice is not regulatory requirement The property is either clean or it is not The cost or the the cost or the identity of the contractor is irrelevant to the property

02:59:48 SPEAKER_666: standards bylaw And as mentioned in our appeal documentation requiring a third party invoice interferes with our lawful right and interests as this act bars and prohibits us from using our own salaried staff to achieve the compliance

03:00:05 SPEAKER_666: for the

03:00:06 SPEAKER_666: deck boards the diminus

03:00:09 SPEAKER_666: argument the appellant contests that item four which cites a half inch protrusion in a wooden deck board as a tripping hazard under Section two point four one four one which states all exterior stairs balconies verandas porches and

03:00:25 SPEAKER_666: every other similar outside aperture apertures

03:00:29 SPEAKER_666: of this building Shall be maintained in good repair Material characteristics wooden exterior appurtenances

03:00:37 SPEAKER_666: are subject to environmental factors including moisture and temperature fluctuations A halfinch variance is a common occurrence in aged wooden structures and it does not represent a failure of good repair A halfinch protrusion does not meet the reasonable threshold

03:00:53 SPEAKER_666: of a dangerous condition or a hazard in an outdoor porch setting Most standard door thresholds and sidewalk transitions exceed this height without being classified as municipal violations

03:01:06 SPEAKER_666: Reasonableness and proportionality

03:01:11 SPEAKER_666: The the issuance of formal property standards order is a significant legal action that triggers administrative fees potential reinspection fees and the threat of fines up to five hundred thousand dollars for corporations Disproportionate enforcement as

03:01:28 SPEAKER_666: demonstrated in Tab A and Tab B the primary justifications for this order which were snow ice and sewage are either

03:01:37 SPEAKER_666: legally mute or moot or the city's own responsibility or factually incorrect If the major items are removed as they should be based on the evidence Item Four remains the sole violation validating a full property

03:01:53 SPEAKER_666: standards order and its associated fees over a single halfinch board protrusion is a disproportionate use of municipal power

03:02:04 SPEAKER_666: It is an inefficient use of the committee's and the city's resources to uphold a legal order for a minor maintenance item that could have been handled through a simple conversation or courtesy letter that rather than a quasijudicial notice

03:02:24 SPEAKER_666: In

03:02:26 SPEAKER_666: terms of the cleanliness down in the basement the contradiction of order Item one of the order claims dried fecal matter appears to be present The officers'

03:02:37 SPEAKER_666: email acknowledged that the tenant had already cleaned the area The use of the word majority in this quote was

03:02:45 SPEAKER_666: plenasm or stylistic

03:02:49 SPEAKER_666: His sentence intends to convey that the floor Was was free of visible fecal matter

03:02:56 SPEAKER_666: because the tenant thoroughly cleaned it to their already high standard and satisfaction If the floor was free of visible fecal matter the property was in compliance with the requirement for a clean and sanitary condition at the time of inspection The

03:03:11 SPEAKER_666: officer is basing the order on historical condition which is the backup itself rather than the state of the property during his inspection And just to state again we had along with the tenant cleaning we had two other contractors or sorry

03:03:27 SPEAKER_666: members of the company attend to clean up down in the basement and sanitize

03:03:35 SPEAKER_666: So the improper

03:03:38 SPEAKER_666: improper basis for a legal order as mentioned the officers

03:03:42 SPEAKER_666: basing an up to five hundred thousand dollar potential penalty on what was what he was informed by an unnamed party presumably the tenant not on his own objective findings Property standards officers are tasked with inspecting the physical state of a

03:03:57 SPEAKER_666: building They do not have the authority to adjudicate who performed the cleaning whether it's the owner versus the tenant As long as the standard is met if the tenant cleaned it the standard was met

03:04:10 SPEAKER_666: The procedural prejudice of halfinch deck board protrusion

03:04:16 SPEAKER_666: The officer noted in the email

03:04:21 SPEAKER_666: because we did have an inspection at another time separate time for this this porch and the officer noted in in his email that this protruding board was not observed during the previous inspection on October thirtieth twenty five

03:04:38 SPEAKER_666: The admission confirms that the deck was in compliance just weeks prior and then the half inch shift is clearly a result of onset winter and weather Weather moisture seasonality material changes So reinforcing our arguments here in Exhibit Three

03:04:54 SPEAKER_666: that this was a that this is a trifle caused by natural material expansion and not lack of maintenance Rest assured we have repaired that

03:05:10 SPEAKER_666: Reliance on multiple multilevel hearsay The email from Robert Reed From Gray Bruce Public Health dated December 18 2025 Exhibit E1

03:05:21 SPEAKER_666: serves as a catalyst for this order A review of the text reveals it is entirely based on hearsay The inspector writes Apparently a toilet overflowed The tenant indicated that the plumbers advised her There's no evidence in the email

03:05:37 SPEAKER_666: that public health inspector actually visited this the site to verify the existence of a hazard before requesting bylaw intervention the city is acting on a report from public health which is acting on a report from a tenant who is paraphrasing

03:05:53 SPEAKER_666: a plumber

03:05:55 SPEAKER_666: Mischaracterization of plumbers' findings The email suggests that the landlord did not clean up the effluent as proven in the plumbing invoice The blockage was located once again 104 to 105 feet away on city on the city street Any incomplete

03:06:11 SPEAKER_666: remediation was a result of an ongoing cityside infrastructure failure that the landlord was actively paying a professional plumber to resolve

03:06:23 SPEAKER_666: In propriety

03:06:25 SPEAKER_666: of order the public health email requests that Owen Sound bylaw keep us informed This suggests that the property standards order was used as a tool for one agency to satisfy another administrative file rather than addressing A verified

03:06:41 SPEAKER_666: permanent structural deficiency Public Health cites that the tenant's reasonable enjoyment This is a landlordtenant board matter not a property standards order matter Property standards is concerned with building integrity and safety not civil disputes

03:06:57 SPEAKER_666: between the tenants and landlords regarding the enjoyment of a unit

03:07:02 SPEAKER_666: As seen in our evidence package we do have emails from Robert from Public Health

03:07:11 SPEAKER_666: For

03:07:14 SPEAKER_666: the

03:07:20 SPEAKER_666: misapplication regarding snow as objects and materials let me

03:07:26 SPEAKER_666: see

03:07:27 SPEAKER_666: here

03:07:29 SPEAKER_666: I believe that the officer cited Section two point four sorry two point four point two point two

03:07:38 SPEAKER_666: a roof of a building shall be free from loose or unsecured or unsafe objects and materials Snow and ice are transient weather elements In this context of property standards objects and materials refers to physical debris abandoned

03:07:56 SPEAKER_666: equipment or structural components like loose shingles If the city intended for snow for roof snow to be removed to be in the property standard it would be explicitly listed citing a section meant for loose objects to demand

03:08:12 SPEAKER_666: the shoveling of a roof is a stretch of the definition and it exceeds the legislation legislative intent

03:08:22 SPEAKER_666: Also mentioned two point two point five point seven point four fire escape shall be installed in compliance with building codes and kept free of dangerous accumulations of snow and ice as well as three point two point nine point two on

03:08:36 SPEAKER_666: every residential property All parking lots driveways sidewalks ramps designated fire routes outside stairs fire escapes and landings shall be kept clear of dangerous accumulations of ice and snow These sections are maintenance standards shoveling and salting The officer is using

03:08:52 SPEAKER_666: them to demand structural retrofits

03:08:55 SPEAKER_666: as listed He mentioned either getting attic insulation topped up or adding new ventilation or ice guards A property standards must address a deficiency It's not intended to enforce an expensive upgrade that were not required on the building

03:09:11 SPEAKER_666: when it was originally constructed

03:09:29 SPEAKER_666: We also have here in our package

03:09:33 SPEAKER_666: Case law summary of Othsuq versus Thunder Bay That the ruling the Court of Appeal held that a municipality can be held liable for nuisances of damages resulting from sewage backup caused by blockage or failure from the municipal

03:09:49 SPEAKER_666: sewer system The court established that the collection and transmission of sewage is a potential nuisance if it escapes and causes damages to a private property

03:10:05 SPEAKER_666: So it's just proving once again improper use of the Property Standards Act by issuing a Property Standards Order from Remediation and Sanitation The city is attempting to use administrative law to enforce the property owner to bear these costs of a

03:10:20 SPEAKER_666: nuisance created by the city If the city is liable for the damage under the case law it is legally incoherent for the city to then cite a property owner for a violation caused by that same damage You can't be in

03:10:36 SPEAKER_666: violation of a standard because of an external force which the city is legally responsible for

03:10:43 SPEAKER_666: Based on this case law the city of Owen Sound is the party responsible for the escaped sewage into our building We request that the committee recognize the legal reality and rescind these items one and two as the violation was

03:10:59 SPEAKER_666: a municipal nuisance and acknowledge that the landlord's efforts to clear the line despite the blockage being out on city property and the tenant's efforts as well as our other

03:11:12 SPEAKER_666: employees' efforts to clean the area went above and beyond our legal obligation under the Building Code Act Therefore we are we are looking

03:11:25 SPEAKER_666: We are looking to appeal and have both have this order both rescinded and refund of fees

03:11:34 SPEAKER_666: That's everything Thank you

03:11:39 Brian Green: Thank you very much Does the city wish to ask these person questions

03:11:44 Brian Green: We do

03:11:51 SPEAKER_665: In your notice of appeal you said The order was vague excessive and gave an insufficient timeline Correct

03:12:04 SPEAKER_666: Yes it's

03:12:05 SPEAKER_666: We did claim that it was vague

03:12:10 SPEAKER_665: You also claim that item one prohibited your corporation from using salary staff instead of third parties Correct

03:12:17 SPEAKER_665: That's correct

03:12:20 SPEAKER_665: And you claim that item three required work in Perpetuity and included both mandatory and optional suggestions Correct

03:12:29 SPEAKER_665: That is correct

03:12:32 SPEAKER_665: If I can get you to go to the appeal brief page thirteen please

03:12:54 SPEAKER_668: Just let us know when you have it

03:12:56 SPEAKER_668: Sorry is this in your factum

03:13:05 SPEAKER_669: It's our appeal brief Yes Yeah

03:13:08 SPEAKER_666: And that was page thirteen you said

03:13:11 SPEAKER_666: That is correct

03:13:15 SPEAKER_666: Let's pull it up here

03:13:20 SPEAKER_666: Okay

03:13:23 SPEAKER_665: You were copied on or aware of the December 18th public health complaint about incomplete sewage effluent remediation correct

03:13:33 SPEAKER_665: Yes

03:13:36 SPEAKER_665: That complaint said that the tenant reported that dried fecal matter and toilet paper still remained in the in the basement area correct

03:13:45 SPEAKER_665: That is correct

03:13:48 SPEAKER_665: It also stated that the task of removing the influent remnants and sanitizing the area should be completed as soon as possible Correct

03:14:06 SPEAKER_665: That is correct

03:14:08 SPEAKER_665: If I can get you to go to page twentyfour please

03:14:18 SPEAKER_665: Okay

03:14:20 SPEAKER_665: On January ninth twenty twentysix the officer inspected the property and then communicated his findings to you Correct

03:14:28 SPEAKER_665: Correct

03:14:30 SPEAKER_665: In that January ninth communications you were told that no agents of yours had made attempts to clean or sanitize the floors before inspection Correct

03:14:40 SPEAKER_665: That is correct

03:14:45 SPEAKER_665: You were also told that dried fecal matter

03:14:48 SPEAKER_665: appeared to remain in the shower area near the base of the toilet and the storage area Correct

03:14:54 SPEAKER_665: Yep

03:14:56 SPEAKER_665: And you were asked to provide an invoice or statement if sanitation had been in fact been completed Correct

03:15:03 SPEAKER_665: That is correct

03:15:06 SPEAKER_665: You did not provide a written statement from your sworn from your own staff confirming that the sanitary cleanup had been completed Did you

03:15:15 SPEAKER_666: No as we were still working on figuring out how to proceed with

03:15:23 SPEAKER_666: resolving the matter as you know we were working towards getting it

03:15:29 SPEAKER_666: cleaned up We have had every intention to get the matter resolved but once we found that our professional plumber noticed that the issue was from the municipal side

03:15:42 SPEAKER_666: we have the right to

03:15:45 SPEAKER_666: break that down and try to figure out how to proceed before spending any money on that

03:15:54 SPEAKER_665: So is it your opinion that the city blockage exempts you from ensuring property is safe for your tenants

03:16:05 SPEAKER_666: Well it's not extending us and not by no means you know Know quote washing our hands from the from the matter but as a company and a corporation we have the right to figure out the next steps to ensure that

03:16:21 SPEAKER_666: everybody whether it's the corporation or the tenants are you know are taken care of and you know not essentially jumping the gun to

03:16:32 SPEAKER_666: set the company up for failure As mentioned we had every intention to get things rectified but But as a company we have the right to properly manage those steps accordingly

03:16:49 SPEAKER_669: So what is a reasonable timeline that you would indicate that a tenant live within unsanitary conditions

03:17:00 SPEAKER_666: Well as mentioned when we had the plumbers attend the property we had

03:17:06 SPEAKER_666: we had a company dirt dogs attend to do the cleaning It wasn't

03:17:16 SPEAKER_666: necessarily maybe up to the tenant standards So we we were that's kind of when we were

03:17:24 SPEAKER_666: working towards speaking with the city to figure out who would be fronting the bill for it So we would you know we had the majority of of the issue cleaned up and handled and then we also did go back

03:17:40 SPEAKER_666: to do a resanitation after the tenant also cleaned up

03:17:48 SPEAKER_669: So your evidence is that it took the tenant to attempt to clean before you would complete the sanitation

03:17:56 SPEAKER_666: No the tenant took it upon themselves to clean it as it wasn't up to their standard We essentially were waiting to hear back from the city as to who would be fronting fronting the bill

03:18:12 SPEAKER_666: and then figuring out our

03:18:16 SPEAKER_666: corporation's procedures

03:18:22 SPEAKER_666: The

03:18:23 SPEAKER_665: January twenty twentieth cover communication also told you that if the factors outside your control require reasonable extension you should advise the city Before the compliance date or provide reasons and evidence Correct

03:18:39 SPEAKER_665: That is correct

03:18:43 SPEAKER_665: You did not provide that written request for an extension with supporting evidence before the due date did you

03:18:49 SPEAKER_666: I would have to ask for a brief adjournment to confirm with others from the company as I was not handling that case

03:19:00 SPEAKER_669: But you're here presenting evidence Evidence on behalf of the company today

03:19:05 SPEAKER_666: Yeah and I can request a brief adjournment to can

03:19:10 SPEAKER_666: to make sure that I can get that answer for you

03:19:17 SPEAKER_669: Well I'd have to object to that because you would have to reasonably expect questions and answers for this case if you're representing the company

03:19:30 SPEAKER_666: I feel like I've been answering all the all your questions up until now but as I as mentioned I don't have that direct answer to that direct question

03:19:43 SPEAKER_665: In your disclosure package you argue that the sewage backup was caused by the blockage of the city's infrastructure approximately 104 105 feet away Correct

03:19:53 SPEAKER_665: That is correct

03:19:56 SPEAKER_665: Even taking that argument at face value you would agree that the basement floor still had to be cleaned up and sanitized once sewage entered the property correct

03:20:05 SPEAKER_665: That is correct

03:20:08 SPEAKER_665: And you would agree that if the toilet and shower remain connected with water or waste material present that still created a condition that could be addressed inside the building correct

03:20:22 SPEAKER_665: Sorry can you repeat that

03:20:25 SPEAKER_665: Yep absolutely And You would agree that if the toilet and shower remained connected with water or waste material present that still created a condition that that had to be addressed inside the building Correct

03:20:39 SPEAKER_665: Yes

03:20:42 SPEAKER_665: In your disclosure package you argue that snow and ice are transient and seasonal conditions Correct

03:20:49 SPEAKER_665: That is correct

03:20:53 SPEAKER_665: But the order was not based on some abstract winter possibility It referred to specific dangerous accumulation and to large pieces of ice actually falling near the main entrance of the driveway Correct

03:21:07 SPEAKER_665: Correct

03:21:10 SPEAKER_665: And that the and the tennis disclosure package photographs show substantial icicles hanging directly from above the entrance Correct

03:21:19 SPEAKER_665: That is correct

03:21:22 SPEAKER_665: So this is not I mean This is not purely theatrical or trivial concern was it

03:21:31 SPEAKER_665: Can you explain that question

03:21:35 SPEAKER_665: It wasn't just a mild

03:21:38 SPEAKER_665: condition and it's moot because the winter is now over Because you would continue to have those problems next winter

03:21:47 SPEAKER_666: Well you can't you

03:21:50 SPEAKER_666: can't assume that we could have a very mild winter Next next winter right

03:21:56 SPEAKER_665: In your disclosure package you say the porch issue is the only diminutive halfinch protrusion and merely a minor maintenance item Correct

03:22:08 SPEAKER_665: That is correct

03:22:13 SPEAKER_665: But the order describes that the protrusion as a tripping hazard directly in front of the front door Correct

03:22:21 SPEAKER_665: Correct

03:22:27 SPEAKER_665: And in the appeal brief photo description at page forty at page forty two it identifies front porch protruding and damaged deck boards Correct

03:22:40 SPEAKER_665: Correct

03:22:43 SPEAKER_665: So the city was not ordering some major reconstruction there was it

03:22:51 SPEAKER_666: The officer's style of writing the order definitely indicated that

03:22:59 SPEAKER_665: You would agree with me it was ordering that the boards be secure flush with the surrounding boards Correct

03:23:07 SPEAKER_666: I would agree that yes he mentioned to have them flush but for a halfinch protrusion that can be caused by any type of weather because It's wood and also mentioned There's halfinch protrusions of sidewalks on municipal

03:23:23 SPEAKER_666: land It's it's just it's very it's very minor It's very exceedingly minor

03:23:31 SPEAKER_669: But this appeal is not about city property It's about your property correct

03:23:36 SPEAKER_666: That's correct But I'm just using that as a comparison

03:23:42 SPEAKER_669: I have no further questions for this gentleman

03:23:47 SPEAKER_666: Thank I would also like to sorry I would like to remind that the basement portion of the building is not written in the tenant's lease Although they have access down there it is just a it's not part of the

03:24:03 SPEAKER_666: actual rental unit There's no habitable living area down in the basement

03:24:11 SPEAKER_666: Thank you very much

03:24:14 Brian Green: Does the committee have any questions for this witness

03:24:41 Brian Green: Okay There's no questions The city may provide its closing statements

03:24:49 Brian Green: Thank you

03:24:52 SPEAKER_665: Before you today is the question before you is whether the property standards order number OSBY two zero two five one zero nine two should be confirmed On the record before you it should be The city has proven that the order

03:25:07 SPEAKER_665: followed an inspection that the conditions identified were real that the work required was tied to those conditions and that the owner had ample time to either comply or to seek an extension with reason and evidence

03:25:22 SPEAKER_665: The evidence began

03:25:24 SPEAKER_665: with public health on December 18 2025 Gray Bruce Public Health reported incomplete sewage

03:25:31 SPEAKER_665: effluent remediation at the property and said that the dried fecal matter and toilet paper remained in the basement area after the overflow Public health expressed concern about the possible health hazard and asked that the matter be addressed as soon as

03:25:45 SPEAKER_665: possible

03:25:47 SPEAKER_665: Officer Progress then inspected the property on January nine two thousand and twentysix In our factum it states that the observed dried fecal matter near the shower at the base of the toilet and in the storage area and concluded that the

03:26:00 SPEAKER_665: basement had not been properly cleaned or sanitized after the sewage overflow

03:26:06 SPEAKER_665: In the tenant's document brief the evidence Evidence supported that Diane Courtney described the condition of the basement after the overflow and the tenant's disclosure package two to through seven showed contaminated floor surfaces near the basement bathroom area Her evidence

03:26:22 SPEAKER_665: was corroborative of the public health complaint and the officer's observations The owner's response to this was not to prove complete sanitation

03:26:32 SPEAKER_665: The officer expressly invited the owner to provide an invoice or statement if sanitation Had in fact been completed

03:26:42 SPEAKER_665: The owner instead tried to shift the discussions to where the sewage blockage was located But even if the blockage occurred farther out in the line that does not alter the officer's direct observation of the actual condition inside the rental property

03:26:57 SPEAKER_665: Once sewage effluent enters the building and leaves contamination behind the property standards issue is the unsanitary condition that remains inside the building

03:27:08 SPEAKER_665: the officer also observed that the toilet and shower in the basement remained connected to the sewage system despite the water connection being disconnected and that the water and waste material remained present in the toilet bowl He concluded that this condition

03:27:22 SPEAKER_665: posed a risk of leakage and escape of odors or gases The order's

03:27:29 SPEAKER_665: response to the condition was modest and logical The owner was not required to undertake some elaborate reconstruction Item two required only that the shower and toilet be repaired so that could properly operate or else closed off disconnected

03:27:45 SPEAKER_665: or capped to prevent leakage or escape of odors and gases The city also approved the roof ice hazard The officer testified that the roof above the main entrance contained dangerous accumulation of snow and ice The tenant reported that the piece

03:28:01 SPEAKER_665: of ice about five feet by one foot had fallen onto the porch and other similarsized pieces had fallen onto the driveway The officer concluded that the condition presented a risk to occupants entering or leaving the property

03:28:15 SPEAKER_665: The tenant's own photographs strongly support that evidence Pages nine and ten of the tenant's disclosure show substantial icicles hanging directly above the entrance and page eleven shows the large fallen ice chunk Page eight of that same disclosure explicitly

03:28:32 SPEAKER_665: says that the photos show the ice buildup dangerous icicles over the entrance and large ice chunks that came off the roof

03:28:40 SPEAKER_665: The appellant says snow and ice are merely seasonal and transient but the city did not issue the order because winter generally exists It issued the order because there was a specific dangerous accumulation over the main egress and actual large pieces

03:28:56 SPEAKER_665: of ice had already fallen where people walk That is precisely the sort of real present safety hazard the property standards regime is meant to address

03:29:06 SPEAKER_665: The owner also argues that the order improperly suggests prevention measures such as improving insulation or ventilation or installation of ice guards but the order expressly says at minimum consistent removal of snow and ice from the relevant

03:29:22 SPEAKER_665: roof area must occur throughout the winter months The prevention steps were listed as a step that could be taken The minimum compliance requirement was clear

03:29:34 SPEAKER_665: On the porch issue the officer observed that a previously repaired section of wood deck had shifted upwards and protruded approximately onehalf inch above the surrounding boards creating a tripping hazard directly in front of the main entrance The order's remedy

03:29:51 SPEAKER_665: was again narrow and proportionate The boards the boards were to be secured so that the They they sat flush with the surrounding boards This was not a demand for structural redevelopment It was a direct correction of a tripping hazard at

03:30:04 SPEAKER_665: the front door

03:30:06 SPEAKER_665: The appellant calls that the issue trivial or diminutemiss

03:30:11 SPEAKER_665: but the fact remains that the hazard was directly in front of the main entrance where tenants and visitors step in and out of the building The appeal brief photographic material identifies front porch protruding the damaged deck boards and the tenant's

03:30:25 SPEAKER_665: Evidence also

03:30:28 SPEAKER_665: describes the raised boards as a tripping hazard

03:30:31 SPEAKER_665: The appellant says that the order is vague It is not The order sets out the exact address date case number inspector bylaw provisions description of each violation and the work required for each item It is detailed enough that the owner

03:30:46 SPEAKER_665: the owner filed a pointbypoint appeal challenging each item separately

03:30:52 SPEAKER_665: The appellant says that the timeline was unreasonable The compliance period was 43 days from January 20 to March 3

03:30:59 SPEAKER_665: That's more than sufficient time to complete the remedial work or ask for an extension And the city expressly invited the owner to seek an extension with reasons and evidence if needed

03:31:12 SPEAKER_665: The appellant says that the city improperly required third parties Again the owner's own staff could have provided a written statement if they had completed the work The owner chose not to provide that kind of satisfactory written confirmation

03:31:27 SPEAKER_665: This is also a case in which that the tenant asked to be heard so she wishes that her evidence brief be taken into consideration

03:31:36 SPEAKER_665: Deanne Courtney's account did not stand alone it was corroborated by the public health complaint by the officer's inspection and by her own photographs Her evidence should help the committee understand what these conditions were like from a perspective of the occupant

03:31:52 SPEAKER_665: living there

03:31:54 SPEAKER_665: Her photographs of the basement and entranceway are not exaggerated They are consistent with the officers' findings and with the hazard described in the order The committee should accept that as evidence as credible and materially supportive in the city's case

03:32:10 SPEAKER_665: In the end this case is about whether the city properly required a landlord to remediate sewage contamination address connection sewage fixtures Fixtures manage dangerous ice over the front entrance and fix a tripping hazard at the porch The evidence says

03:32:27 SPEAKER_665: yes The order was tied to specific observation observed conditions cited the relevant bylaw sections set out reasonable remedial measures and gave the owner enough time to either comply or ask for more time and evidence For all of these

03:32:43 SPEAKER_665: reasons the city respectfully requests that the committee dismiss the appeal and and confirm the property standards order Thank you

03:32:53 SPEAKER_665: Thank you very much

03:33:01 Brian Green: The appellant may provide its closing statements

03:33:08 SPEAKER_666: Kepler Real Estate Incorporated is requesting the complete rescission of Order Number OSBY2025109 Five one zero nine This appeal is based on demonstrable factual errors by the property standards officer the

03:33:25 SPEAKER_666: improper shifting of municipal infrastructure liability onto a private owner and a fundamental misapplication of bylaw one thousand nine hundred and nine zero three zero As mentioned there is case law from both Stuck versus

03:33:41 SPEAKER_666: Thunder Bay where a municipality is liable for nuisances Caused by its sewer system the city cannot cite an owner for a violation caused by the failure of the city's own infrastructure Rest assured we've had two separate contractors coming in to

03:33:57 SPEAKER_666: clean and sanitize and it is remediated As

03:34:02 SPEAKER_666: for the snow on the roof it's a transient condition Back on March third in a public property standards committee hearing there's one committee member that did quote saying snow should not be in the property

03:34:18 SPEAKER_666: standards They should have it should have their own bylaw

03:34:24 SPEAKER_666: Rest assured snow and ice has gone for the season It is melted away There is no potential hazard right now They are transient weather events and not permanent structural defects The consistent removal

03:34:40 SPEAKER_666: of snow and ice Does not work with a property standards order The order must have a defined completion date allowing to open and close a file instead of having it mentioned as a consistent removal

03:34:54 SPEAKER_666: the The reason of mentioning the order was vague is due to not knowing how much to do or to what extent to do As the officer mentioned things such as the ventilate ventilation or attic top up or Ice

03:35:10 SPEAKER_666: guards at At which point does the landlord stop and you know think that's that's fine It's just it be a continuous ongoing expense for the landlord when the building it was in compliance when

03:35:27 SPEAKER_666: it was built For the porch deck the

03:35:31 SPEAKER_666: cited tripping hazard was only half an inch protrusion There's many other instances around the The town that's that shows that a half inch is exceedingly minimal It's it's caused by natural seasonal expansion

03:35:48 SPEAKER_666: Rest

03:35:50 SPEAKER_666: assured that deck portion has been repaired We've fixed the protrusion There is no longer a tripping hazard for that As for the basement going back to the basement sanitation the toilet has

03:36:06 SPEAKER_666: been removed The sewer line has been capped and sealed and the shower is in operational order So that has been resolved as well That

03:36:18 SPEAKER_666: is everything at this time Thank you

03:36:21 SPEAKER_666: Thank you very much

03:36:26 Brian Green: The committee will now retire to a separate meeting room to deliberate Can the secretary please join us for a record our decision Thank you

04:08:34 Brian Green: Okay

04:08:36 Brian Green: the Property Standards Committee accepts the appeal by the appellant Kepler Real Estate Inc and rescinds the Property Standards Order OSBY

04:08:46 Brian Green: twenty five ten ninety two as the committee decide that the work is already being completed by the appellant the City of Owen Sound waives the 220 invoice fee and the committee would like to express their disappointment

04:09:03 Brian Green: that public health matters were left unabated for extended periods of time and request that in future the City of Owen Sound and Kepler Real Estate Inc work on a more collaborative approach to achieve compliance on bylaw complaints

04:09:20 Brian Green: A written decision will be within 14 days

04:09:25 Brian Green: Sorry

04:09:26 Brian Green: Oh sorry A written decision will be provided within fourteen days

04:09:36 Brian Green: Thank you Master Chair Oh I have a speaker's note Thank you Give me one second please

04:09:50 Brian Green: Please be advised that there is a twenty 20day appeal period during which time the applicant the minister or specified persons or public body that has an interest in the matter may appeal today's decision During this appeal period no building permit

04:10:04 Brian Green: may be issued or other work commenced

04:10:09 Brian Green: What am I on wrong page I do apologise for this

04:10:15 Brian Green: That one

04:10:20 Brian Green: Yes Okay

04:10:22 Brian Green: Here we go

04:10:24 Brian Green: Please be please be advised that there is a fourteen days appeal period during which time the city or any owner occupant or persons affected by the decision

04:10:33 Brian Green: may appeal today's decision to superior court justice

04:10:42 Brian Green: Sorry

04:10:49 SPEAKER_670: Sorry Okay the public hearing for an appeal of

04:11:05 Brian Green: a property standards order at two thirtyfive Eighth Street East by Kepler Real Estate Inc

04:11:16 SPEAKER_329: Thank you Master At this point I would like to ask for an adjournment and for a reschedule for this this case here

04:11:27 Brian Green: Thank you The secretary will provide all persons and parties with the date for the

04:11:36 Brian Green: to hear the appeal The next sorry

04:11:39 Brian Green: yes the next appeal to the Property Standards Order for Two Thirty Five Eighth Street East

04:11:46 Briana Bloomfield 2: Through you Mr Chair yes I'll reach out to committee and we'll try to find a date within the next couple of weeks to reschedule this hearing and then I'll provide notice to all parties involved as well

04:12:01 Brian Green: Thank you This is hearing is adjourned

04:14:35 Brian Green: Okay There's no correspondence items being presented for information No additional business was added at the beginning of the meeting so we will move to item twelve which is the next regular scheduled meeting May five two thousand and twentysix

04:14:50 Brian Green: This is now

04:14:52 Brian Green: five sixteen pm I declare this meeting adjourned