After years of heated complaints by residents, a new bylaw to deal with air conditioning units in Bradford West Gwillimbury took a step forward this week.
Committee of the Whole, made up of town council members, voted on Tuesday evening to remove air-conditioning units from zoning bylaw regulations.
“This option balances ... technical considerations … while minimizing the impact on current and future residents/homeowners,” read a town staff report.
The change in bylaw — which must still be approved by council before it is official — means there would be no more required interior yard setbacks for the placement of units, and residents would have greater flexibility in their units, according to the report.
Innisfil and Barrie also do not have interior side yard setback requirements in their bylaws, added the report.
Bylaw enforcement officers could still have power to address other air-conditioning concerns, including drainage and noise, the report noted.
Air conditioning has become a hot topic in BWG in recent years.
Several local residents had to re-install their air-conditioning units after the town’s enforcement officers got involved when some third-party contractors installed the units incorrectly under the town’s zoning bylaws.
If the town simply changed the setback requirements, there would still be a number of non-compliant homes, said Ryan Windle, the town’s manager of community planning.
Removing air-conditioning units from zoning bylaws would eliminate all issues with current non-compliant homes, read the report.
Committee also voted to suspend enforcement of any non-compliant units until the new zoning bylaw is in full effect.
The report also noted some risks to removing units from the zoning bylaw. For example, it would allow units to be placed up to the property line.
If units went over the property line, bylaw officers would not be able to enforce this, rather the issue would become a civil dispute between neighbours, said town clerk Rebecca Murphy.
There could also be potential impacts on drainage, access, and increased noise, but drainage and noise could still be addressed through separate bylaws, the report read.
BWG resident Sharon Thompson has been vocal to council and town staff about her problems with the air-conditioning bylaw, namely in relation to complaints about the placement of her neighbour’s unit.
Through a document read by a friend, Debbie Pond, Thompson told the committee on Tuesday she has medical issues and focus problems that have worsened because the sound of her neighbour’s air-conditioning unit, which is a few feet away from one of her windows, echoes throughout her home.
“(This) continues to be an immediate life-saving issue for me,” and the location of windows should be considered in town air-conditioning bylaws, Pond read.
Thompson wrote she is upset by a lack of a timely response from town staff on the matter, although planner Brandon Slopack later confirmed in the meeting he has been emailing with Thompson for several months.
Thompson’s neighbour with the air-conditioning unit attended part of Tuesday’s meeting but left before being able to speak during open forum.
“I have two residents that are at odds, and I’m the referee,” said Coun. Mark Contois, who represents their ward.
