Again this summer, the sound of youngsters splashing around in the pool as they learn to swim will echo in the neighbourhood of 21 Philip Street in St. Thomas.
Last Monday (May 4), members of council approved a draft version of a temporary bylaw permitting the lessons to continue at the residence of Joy Dawdy.
The vote was not unanimous, with Councillors Jim Herbert and Joan Rymal opposed.
The latter kicked off the discussion with, “I just want to say that there’s no question that the swimming lessons provided by Miss Dawdy have been appropriate or of a good quality. It’s not the issue at all about the swimming lessons.
“It relates to the location of the business providing the swimming lessons, which is in her backyard. And St. Thomas is growing and expected to double in size in 25 years, and residential areas are becoming more dense.”
She pointed out that “A temporary use bylaw applies to the property, not the owner. So, if the property is sold during the time that the temporary use bylaw is still in effect, this temporary use bylaw would transfer to the new owner who could then operate the same business in that backyard.
“And the transfer of the temporary use bylaw also allows for extensions to be requested under the Planning Act. Extension requests cannot be prevented, but they can be refused by council when submitted.
Coun. Herbert added, “I think the majority (of council members) felt that we should support swimming lessons, and we went to bat for Miss Dawdy and created a temporary bylaw which I thought was pretty good, and I think, in my mind, everything was well said and well documented.
“Then the planning department posted in our agenda that they’ve changed some of their things. They want a second instructor. They want longer times; they are not sure about parking over at Central Elgin, whether it’s legal or not.”
So, the goalposts have been moved, cautioned Herbert.
Dawdy had requested that the temporary bylaw include provisions to allow for a second instructor to teach swimming lessons who does not reside in the dwelling, and staff have not done so, as it was not included in the initial ask.
As to parking, Dawdy has indicated that all participants park their vehicles in the Central Elgin Collegiate Institute parking lot.
However, city staff advise, “No evidence has been provided demonstrating a formal parking arrangement with the school. It is unclear if this parking arrangement is legal or if it represents trespass on TVDSB property.
“Unless evidence of a formal arrangement can be provided, council should be considering implications of this proposal as if all participants are parking on the public street.”
The draft bylaw approved by council on Monday contains the following provisions:
- The bylaw would expire in two years, reflecting the additional year waiting for the submission of applications since the initial zoning notice was issued.
- The operation would be limited to swimming lessons only; leadership courses would not be permitted.
- The provision of lessons would be limited to the person who regularly resides at the residence.
- The swimming lessons would be limited to three students per lesson, down from six.
- The lessons would be limited to Monday through Thursday from 8:30 a.m. to 5 p.m. and Fridays from 8:30 a.m. to noon.
The temporary bylaw is expected to be presented for council’s consideration later this month.
Written by Ian McCallum
