Ancillary use

Lakeside lawyer fields concerns

Counsel for the Lakeside Motel was present at last week’s Committee of the Whole, following deputations made by Wellington residents regarding what they say are noise and zoning violations of the property. Last month, Amy Bodman, Alan McCharles and Sharon Harrison, neighbours of the Lakeside Motel, raised concerns about noise, light, parking, smoke and possible zoning violations of the establishment, which is nestled in the middle of a residential neighbourhood. Bodman claimed the motel often has music playing at all hours of the day. She was also concerned that the business is not using the location plus the adjacent property for what it is intended for.

John Alati of Davies Howe LLP, a Toronto law firm that represents the Lakeside, said his client has invested in the community. “My client has invested a significant amount of money, time and effort in its property and its business and it believes it forms and provides a need to the very robust tourist industry in Prince Edward County and in Wellington,” he said. Alati explained that the property is currently zoned Highway Commercial (CH), and is operating primarily as a motel with an outdoor patio restaurant.

Alati also explained that his client had gone through the appropriate permitting process, as all renovations have been permitted by the County’s building department as well as Quinte Conservation. He also noted that by-law officers had visited frequently this past summer to investigate after receiving complaints, and no notice, work orders or orders to comply were issued. “My client has every intention of working with city staff and neighbouring residents to resolve any and all concerns,” added Alati. “My client does not have live amplified music or amplified recorded music at a loud level. It doesn’t play beyond 11 p.m. on the patio,” he said, adding that bylaw has measured decibel readings and found no violations.

Bodman appeared before the committee representing neighbours to the west of the property, with a chronicled account of reports to the fire chief and by-law enforcement about noise, patio infractions and the use of the neighbouring property deemed residential but being used for commercial purposes. She said they want a privacy fence erected on the property to act as a buffer from the noise.

Alati said that the residential house next door offers free room and board for Lakeside staff. He also shared that his client would be willing to enter into a site plan agreement. “My client is prepared to do that and undertake cooperatively any process that might be required with the County to ensure that a site plan agreement is brought into force,” said Alati, who noted his client would also be prepared to construct a fence if one is deemed necessary.

Bodman was pleased to learn of the site plan. “As the motel operation has clearly become an incidental use for the property and is no longer the primary use, we on the west side are pleased there is going to be a site plan. And yes, we would like a buffer that extends from the existing pool tree line buffer south, all the way down to the lake edge, to block noise, light, smoke and to protect the privacy of the properties west of the motel.”

Wellington councillor Mike Harper shared that the communities expectation for the property was different than what it had become. “The sense for people was that this was going to be a motel and any non-guests of the motel would be certainly encouraged to come and visit and use the facilities up until 8 p.m. I think that people feel it shifted from motel to motel/restaurant,” said Harper.

Alati explained that there is no reason that the restaurant can’t operate. “I don’t think there is anything in the CH zoning that precludes the ancillary use of the property to serve food and drink as a restaurant. If something arrives during the site plan and there needs to be further controls in relation to things like music and serving of alcohol, those are all frankly covered by other types of legislation. From my perspective, the site plan should be in relation to ensuring there is adequate parking and adequate privacy and screening. But in the type of community that you are in from tourism ranging from everything like people hosting properties at Airbnbs and motels and restaurants, these are all things that are beneficial to the tourism industry.”

The committee accepted the comments with no action taken.