Committee grapples with what to do with properties on flood plains

If you’ve recently purchase property along a flood zone adjacent to the Big East River or Vernon Lake – buyer beware. It’s looking like you won’t even be able to pitch a tent on the property.

Angelo Pilla, owner of a property at 99 Groeger Road, was before Huntsville’s Committee of Adjustments on June 15. He was seeking approval to keep his recreational trailer on the lot, which is located on a flood plain. He said he purchased the property about five years ago. There were three trailers on the property at the time and when the area was hit by major flooding, about three years ago, he managed to save just one of the trailers. He noted that during the flooding the belongings he had on a higher point on the property were not damaged. Consequently, he moved his trailer to that higher point.

That’s all I own. I don’t have a house there. All I want is a trailer there. Like I said, I purchased it five years ago. The gentleman told me I could build there. He lied, but I should’ve looked into it. It was my fault, but all I’m asking for is to leave my one trailer up there or else if I can’t, I just bought a park and I pay taxes on the property.99 Groeger Road property owner Angelo Pilla

He said he already lives in Niagara Falls. “I have the biggest park in the world.”

Unfortunately, it would seem Pilla is in a pickle. According to Town staff, not only do the municipality’s planning policies not allow development in Ministry of Natural Resources designated flood zones, but “tents, trailers and recreational vehicles for permanent or temporary human habitation is prohibited in all zones except during construction of a dwelling, or in Rural and Shoreline Residential zoned lands for the occasional accommodation of overnight guests, provided that a dwelling exists on the same property.”

In terms of flood zones, according to Huntsville’s planning policies, only development which existed prior to the Ministry of Natural Resources and Environment Canada completing flood zone mapping in 1989 is considered legal non-conforming or grandfathered.

“Planning is not recommending approval of the application as our existing policy framework just doesn’t allow this sort of use in any zone, let alone within the flood plain,” Manager of Planning Services Kirstin Maxwell told committee.

Still, the property owner at 99 Groeger Road may have gone on indefinitely enjoying his trailer on a seasonal basis had it not been for a complaint launched with the bylaw department by an area neighbour. “Across from me there’s three or four trailers but nobody seems to bother them,” said Pilla.

Judy Hall, also a Groeger Road resident, said she concurs with staff’s recommendation. “I agree with the planning department’s denial of the occupation of a trailer on a lot that can’t be built on because of the flood way,” she said, adding that other trailers in the area have also been complained about, one of which has been dealt with.

Committee received a letter from eight other property owners in the area in support of the application and Kevin Walters, who said he lives across the street from the subject property, was before committee in support of the applicant.

“I’d just like to comment that a planner told me a number of years ago, pertaining to properties that were on the flood plain, that people have to be given reasonable utility to their property and it was a result of a court decision. And [in] this particular instance, I was told that trailers were allowed in this particular municipality on flood plain lots because they couldn’t do anything else with them and certainly open space was not viewed as reasonable use. In fact it was not a use, it was a non-use,” he said. “I don’t see any harm in a trailer there,” and argued that the idea behind the Province’s flood plain policies are to prevent loss of life and economic damage.

If you refuse reasonable utility to a piece of property, well you’ve created an economic damage right at the outset by refusing people to use their property.Groeger Road resident in support of the applicant

Councillor Nancy Alcock, who is also chair of the Town’s Planning Committee, suggested that perhaps a seasonal use for such properties could be established, especially as committee learned that there are many property owners in a similar situation. She said the issue could be addressed as part of the Town’s current Official Plan review. “I do think it would be a good thing to look at the longer term implications of people who do have properties [in flood plains] and at the very least is there a way that they can enjoy it in the summer?”

Maxwell concurred and said she would speak to the consultants helping with Huntsville’s Official Plan review about the issue.

I have no problem looking at this whole area through the Official Plan review when we get to that stage, which will be sometime during the course of this year but as for now, I’m going to support the recommendation of staff for denial. It’s a flood plain, we don’t allow them, and we don’t allow trailers on non-buildable lots.Councillor Karin Terziano.

Councillor Dan Armour noted that the trailer has been there for the past five years. “And obviously he’s done some work on his yard and he’s been enjoying it every summer.” Armour asked whether the property owner could use the location for camping and “pull the trailer in and out. Is that possible?” Maxwell responded that under the municipality’s current planning policies it is not, so it would require the approval of a variance to allow it to remain for however long committee sees fit.

Councillor Jonathan Wiebe said he would be hesitant to approach the properties on a per-lot basis. “I think we need a strategy for the area because we risk picking and choosing who gets to use it and who doesn’t. The thought of seasonal use at first blush I think that’s probably a good idea – a good use of it and a good compromise.”

But I also think that the nature of seasonal use is that they’re not always there all the time and if the flood comes, and sometimes it comes fast, suddenly it’s under water and they say: ‘well, I didn’t have a chance to get it and now my trailer is floating down the Big East River.’Councillor Jonathan Wiebe

In the end, committee was in support of taking a look at the use of such properties under the purview of the Official Plan review but denied the application to allow the trailer to remain.

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