County News
Fun in the sun
West Lake attraction under the microscope
At Thursday’s Committee of the Whole meeting, council heard from residents of Sheba’s Island and Winns Drive seeking answers to complaints made about zoning, parking and litter at the nearby Edgewater Family Camping Resort. The park is seeking an application for a temporary use bylaw to continue operating its watersports park, kids camp and food stand later this month.
The County’s By-Law department received multiple complaints about zoning, parking and littering concerns at the campground last year. Enforcement staff were required to attended the area most weekends throughout the summer of 2020, to deal with illegal parking by the users of the park on Winns Drive and Island Road. This illegal parking frequently reduced traffic to one lane. A letter was sent to the owners of Edgewater Park notifying them that the use of the property did not conform with the Zoning By-law and that if they continued it could result in charges under the Provincial Offences Act.
The operators of the park are asking for a temporary by-law to operate the water park and day camp status quo for a one-year period. A future application for a new Zoning By-law Amendment and Site Plan Control Application for the purpose of rectifying the zoning deficiencies on the site would be filed as soon as possible. Council would then make a final decision prior to the expiration of this temporary use by-law. County Planner Matt Coffey stated that although the Sheba’s Island subdivision was legally created in 1996, the campground has remained in operation as a legal non-conforming use since that time. The operation of the water park, food stand and day camp are not currently permitted.
Sheba’s Island resident Lawrie Ackerman provided a deputation, and said the troubles with the park are ongoing. “I believe we should stand behind our County’s Planning Staff, who have stated for over 20 years that this property is zoned OS-3 and therefore, and I quote, ‘waterpark, children’s camp and hot dog stand for use by the general public is strictly prohibited’,” she said. “I do not believe the original intention of the OS zoning for this parcel of land in question was to allow boat and Seadoo rentals, marina operation with hundreds of feet of dock- ing, restaurant operations, to block a legal right of way access to the lake, to destroy all vegetation on and around the property, to move the legal barriers between zoning lands, to host outdoor public parties and to create a Coney Island type of waterpark that impedes other property owners’ privacy and use.”
Ackerman also wanted to make sure Edgewater has the proper liability insurance to mitigate the risk to the municipality, and asked if the park even has a licence and approval to operate a waterpark and rental business. “This application should not be approved, and further, we are ask- ing council to close West Lake Willy Waterpark operation today, to have the owners immediately place signage on the site to say business is closed,” added Ackerman.
County CAO Marcia Wallace explained to council that the discussion at the meeting was to hear the planning and enforcement concerns. A final decision would come later in the month. “Normally this would go the Planning Committee, but given concerns about whether or not the property is acting within its current zoning and the impending allowability for this type of activity to occur in July under the Provincial order, we thought it was better to come to Committee of the Whole,” she said.
Warren Cole, owner and operator of West Lake Watersports, addressed council, ex- plaining that the kids camp was created in 2011, and since then, over 3,000 local kids have attended and been provided a great experience. “So many memories and so many friends were made. Even some little campers are on our payroll now,” he said. Cole told council that he and his family business are committed create something all walks of life can enjoy for the growing tourism industry and community.“Most people live paycheque to paycheque. We live summer to summer. Not being able to open the waterpark, kids camp and food would be critical. We truly believe that if anyone from Sheba’s Island would have approached us in a communicative peaceful manner, most of these issues would have been rectified,” said Cole.
Looking for clarification on the right of way, Councillor Brad Nieman asked if it was meant to be a public access point. County Planner Matt Coffey indicated that was not the case, and that it is a very complicated site. “There are right of way instruments on title. Those right of ways have been granted to certain residents within the immediate area and it is not open to the general public,” said Coffey. Councillor John Hirsch added that the whole thing was ‘quite a mess’ and sought clarification on the legal non-conforming status that the park is to currently operate under. “We looked at the three items—the water park, the camp and the food stand—and considered whether these were protected under the legal non-conforming status. For various reasons, we came to the conclusion that they are not protected under a legal non-conforming status,” said Coffey. Chief By-Law Official Andy Harrison added that the legal opinion that was received last fall said that the only legal non-conforming use was the boat rentals associated with the trailer park.”We’ve informed the owners that until they are successful in a rezoning or until council approves a temporary use permit, they are not allowed to operate any other uses. If they do operate they can be charged under the zoning bylaw for non-compliance,” said Harrison.
Athol councillor Jamie Forrester, who also operates a similar business, said he was very torn over the situation. “This park has been in operation for as long as I can remember. Is there things that probably go on there that are not right? Yes. What I find amazing is in the past couple of years, is that all of a sudden everybody has a complaint about every type of business that they don’t like, which has caused all sorts of problems throughout the County,” said Forrester. He believed that they should be given a year to get their ‘ducks in order’. “This is a bigger discussion we have to have about bylaw. On charges that are laid. Lack of charges. What’s being able to happen. I know we have always worked on the system that it had to be a complaint to drive the process. I think the time has come that we have to have a little more bylaw enforcement and follow-up, and say to people who are breaking the rules that maybe what you are doing is not how it is supposed to be done, but if you need time, we are going to give you time to get your ducks in order,” he said.
Harrison acknowledged that the County’s current by- law policy is complaint driven. “Our practise always has been that if we do find somebody operating illegally, we give them opportunity to address the issues,” he said.
A decision on the Edgewater Park Campground’s application for a temporary use bylaw to continue operating its watersport park, kids camp and food stand— while applying for permanent changes—is to be made at a June 30 planning meeting.
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