Lakeshore Advance, 2012-06-06, Page 266 Lakeshore Advance • Wednesday, June 22, 2011
Lambton Shores street by-law questioned
Lynda Iii
Lakeshore Advance
What's good for the goose --didn't' really apply
as council debated a by-law that was enforced In
Grand Bend but hoped could be waived in
Forest.
The Streets by-law restricts merchandise or
anything on sidewalks and municipal property in
front of businesses. In Grand Bend it is a hin-
drance to the pedestrians but in Forest, one busi-
nessman said it would be an asset.
Glenn VanValkenburg, clutir of Forest's 131A said
they are continually looking for ways to expand
and enhance the business community and has
been working diligently to make the Forest core a
vibrant place to attract more business. Last year,
the B.I.A. developed design guidelines for fascia
signage, heritage style lighting, awnings, and
entrance uixiates that would reflect and enhance
the "heritage character" of the area.
One of the most recent initiatives is "'frenten-
dous'11ue's(dayti' whereby the businesses stay open
later on Tuesdays, and there is entertainment
and/or events/ or sales, to hopefully capitalize on
traffic generated by the Kineto 'Theatre being
open that evening.
A letter has also been received from the (:flair
of the Forest B.i.A., advising that a number of the
members had expressed interest in displaying
wares, or placing slips or benches in front of their
busine'sse's on King Street in Forest. It is being pro-
posed that 2011 bean experimental year, to gunge
the support for the endeavours, and if successful,
a more permanent, co-ordinated plan would be
implemented for the main street.
And, according to Ward 2 councilor 1)oug lion-
esteel, there lies the rub.
'Ihe Lambton Shores Streets By-law, regulates
issues pertaining to the use of Municipal streets
and sidewalks, and Sections 2 and 3 would pro-
hibit the above activities, as they state:
2. Prohibited Matters relating to Streets and
Sidewalks
No person shall (either by himselfor by penult -
ting others or by any
means) without lawful authority:
a) obstruct any street or sidewalk;
h) Place or constnict any objei1 or structure on,
under or over a
street or sidewalk; 183
3. Use of Streets and Sidewalks for the Sale or
ifbThe Municipality of Lambton Shore
LIVING IN LAMITON SHORES...
A weekly Update on the Municipal Events in your Community
Administration D•perbe•nt - 7883 Aratefecom Perkwey, Forest, Ontario NON 140
T. 1.877.716-2335, 519.70.2335. Fax: 519.706.2135. Email: ednMwahationilamblonshoresoa
Vail our Web See at www.lemblonstiores.ce
Planning The Lembwn Shores Council MI be
conadefn9 the IoNoveng matters N the Jahr 4, 1011 Councll
meeting:
7:06 pm OfMolal Flan Amendment Application O19-022011 •
Zoning fly -9 AmsndneM AppNoati n 20.03/1011
Location: 7722 Jericho Road
Applicant: Mark 6 Lata Bestlasnerin
The w requesting an amendment 10 the Lambton
Shoa9 dol for dwelling Plan to t the creation of a new nonaarm
which is su.plus to a taming operation
as result of a farm oansolldapon. The applic me are also
'equaling en amendment to Zorikq Brriew 1 of 2003 as N affects
Ms remnant farm wool lo:
• prohibit the conduction of a new dwelling on the farm parcel
after Ire severance of the surplus chiseling;
• to Mow the remnant farm paroel to have a minimum lot area of
20.8 hectares, was the existingal 1 (Al) Zone
requires that a farm parcel hive a m 1 lot area of 3e
hedNes;
• to recognii the existing 690m1 barn as aooMaory lo the
residential um and caro. be used for any animal operation
The applications aro being proposed m order b aaow the existing
farm &orate g and accessory building (barn) to be severed tram
the farm parcel and soli as a non-farm &wing. The proposed
severed *Ming is excess to tie Owners nseda M they reside on
another farm,
A full copy of the notice for The application is available on the
Muniolpel Webs** or Gan be obtained by calling the Forest oM oe
at 788.2335 or 1-$77.788.2338.
The meeting Is heed at The Thedlord ViNa0a Complex, corner ul
Main and Peat Streets, Thedlord Omsk).
OFFICIAL PLAN
STEERING COMMITTEE
MEETING
Thursday, June 30, 2011
2.00p.m. to 4:00 o.m,
LOWER MEETING ROOM
The Shores Recreation Centre
1
14*
Canada bay
Celebrations
FIREWORKS
JULY 1ST
Esli Dodge Conservation Area
& Grand Bend Beach
2011 Capital Plan
RIQURST FOR PROPOSALS
Supply and ONtvery of GP$ Survey Equipment
The Municipality of Lambton Shores is requesting survey equpment suppliers to bed on tic above noted protect. The
proposal erNW all things necessary for supply, set up, trairrktp, end dlivery of a tietd ready OPS unit Proponents am
required to de entree the suaabiMy of their product to the Mian Ms requirements. Proponents are also required
to supply as software neosssary for seamless communication of dale to existing Municipal software.
Proposal packages can be picked up a1 the Municipality cipaiy of Lambton Shores Administration office at Monday Jure 20th,
2011 N 9004trm
7883 Amteleoom Parkway, Forest. ON NON U0
Tel 519.486.2335 or Toll Free 1.877.786.2335 or Fax 519.716.2135
Proposals will be opened M public on July 14th, 3011 al 11:00 em ed the Administration office.
Peggy Van Mierto-Weal, Director of Communey Services
519.243.1400
Display of Goods
3.1 No person shall allow the display and side
of goods from private property
to interfere with the flow of pedestrian traffic
on a sidewalk, or vehicular traffic on a street or
public highway.
Bonesteel reminded council a (;rand Bend
business person was charged iitst year in contra-
vention of this by-law.
Staff has reviewed the proposed plan for the
Forest B.1.A. and could support a
temporary exemption from the appropriate
section of the "Streets" by-law, with some
conditions:
CONTINUED > PAGE .
Beach 0 Pines greenspace now under
municipal ownership; status quo
Lynda Hainan-Rapley
Lakeshore Advance
it is green space now and it has always been
green space- but a five acre piece of property
between Huron Wood and Beach O Pines is
now under the ownership of I.;unbton Shores
and will remain status quo.
This all began about 80 years ago with the
establishment of a private residential develop-
ment on the shores of Take I luron known as
Beach 0' Pines. 'this gated beach -front com-
munity now consists of 130 individual proper-
ties and includes private roads which were
(heeded to the Beach O' Pines Association, The
residents value their privacy and their seclu-
sion from other public beaches in the vicinity.
Then, in the early 1980s development of a
parcel inland from BOP began. This area
became known as 1 Itur()11 Woods and is sepa-
rated front lake I luron by the BOP lands. As a
result, it has no beach access. Today there are
about 305 individual properties in lluron
Woods.
Around 1982 an easement was granted by
BOPA allowing 1 luron Woods property owns
use of designated BOPA provate roads for a
limited purpose and in a limited manner.
The Greenspace
'!'here is a five -acre irregularly shaped
wooded area Ix'tween 1 luron Woods and BOP
that is land -locked. 'there are about ten 1 futon
\Voewel lots that back onto this greenspace.
This land is a remnant of the BOP develop-
ment that has been left in its natural state.
There was a quick claim deed registered in
l:ebniary 1997, the Greenspace administriuivty
converted into the Land Titles systems in July
20()7 with BOPA shown as the owner. What the
land registrar did not know was the there was
an ongoing challenge to the owner of the
greenspace. So, the lands were returned to the
Registry system in November 2008 pending
resolution of the title dispute. All the parties
agreed tluit since the g,*lrenspace was not con-
veyed to the BOP developer initialy and Since
its corportate owner was dissolved in 1963, the
lands escheated to the Crown and have legally
leen crown lands ever since.
l.antbton Shores
At a special Lambton Shores sleeting last
week this council agreed to ownership and
established this land would remain for public
use with existing envirolunental protection
zoning for public use.
Local renter ordered to pay arrears
Lynda Hillman-Rapley
Lakeshore Advance
A renter who chose not pay her rent has been
ordered to pay (lose to $2,0011 to the courts.
In May the Lakeshore Advance reported
about a Grand Bernd tenant 1Vho had not paid
rent for two months and a landlord who had
had enough.
Last April lennette 1laines contacted the
media as a last resort to warn other landlords
regarding a tenant that was not paying and not
leaving. A hearing had leen scheduled for May
27th and both the tenant, (who the Lakeshore
Advance decided not to name as she has a glade
school (Mild,) attended the hearing in Gexietich,
governed by members of the Landlord Tenant
Board,
in an order to terminate tenancy and because
the tenant had not paid rent owed, the landlord
had no alternative but to go this route. Not
uncommon, as the room was filled to the brim
with landlords and tenants fighting for their
rights.
'she court determined in the 1 laines case that
the tenant was ill possession of the rental unit
from October until May 1. The tenant did not
dispute the amount of arrears outstanding from
February 1 to May 1.
Haines claimed administration charges
related to three NSF cheques. 'the tenant con-
ceded that she owes for the administration
charge of one of the cheques that was returned
by the bank for insufficient funds. l lowever, the
tenant argued she should not have to pay the
admin charges for the other two cheques
because she stopped payment o11 them. The
tenant said she did not let Haines know this in
advance. The court said the effect was the sante
as for an NSI' cheque. "'1 he tenant tendered the
cheques, the landlord deposited the cheques in
her bank and cheques did not dear the bank,"
saki the order. Because the effect was the sans'
if the cheque' is stopped by the bank or by the
tenant, the tenant is liable for those administra-
tion charges.
'I he order calculated the fees the tenant must
pay beginning with $1,77,1,23, which represents
the amount of rent not paid. ('!here was a $30C
deposit paid by the tenant in October 2010).'1 he
tenant is also required to pay $170.(X) for the t'ost
of filing the application, $80 for administration
costs for a total of $1,944.23.
'Ibis amount waste) be paid by lune 13, which
it was not. 'l'he order stated if the full amount
was not paid by that date the tenant would then
start to Owe interest.
f laines said as of June' 23, the amount was not
paid and she will go to I.;IntilordTenant to see
about next steps.