Gravenhurst town council has backed down from an Ontario Municipal Board (OMB) hearing by choosing not to support its original decision to deny a zoning amendment that would permit a new sheet metal operation on Winhara Road.

At Tuesday’s meeting, council received notice that an appeal to the rezoning application was received from the applicant’s agent John Duck.

The zoning amendment application from Barry Lynn and Sandra Smith sought to rezone the property at 1355 Winhara Rd. from rural to rural industrial to allow a 1,900-square-foot gabled workshop building to be used for storing materials and the shearing and bending of light gauge galvanized steel.

During a public meeting to review the application in September, a handful of residents questioned the nature of the proposed business and its location on the property because of a speculated sinkhole. Some disputed the industrial use because it is not in keeping with the neighbourhood.

After council deferred its decision to allow the applicant to revise the application, an amended site plan was brought forward increasing the setbacks from the nearest neighbour.

The vote on the zoning amendment was held by council in October where the amendment was defeated in a recorded vote 5-4, in spite of recommendations from planning staff to approve the amendment.

Councillor Bob Colhoun said originally he supported the application and could not support taking it to the OMB. He said council should bite the bullet and save money.

“It’s a case of a no-win situation,” he said. “I’d be surprised if we won at the OMB. What’s being proposed is a lot less severe than what (the applicant) is already capable of putting on the property now.”

Colhoun said the nature of the small sheet metal operation would not interfere with residences in the area and is not a detriment to the community, noting across the road there is a business that trailers backhoes and dump trucks.

“This is one small business we can bring from Bracebridge to our municipality,” he said. “This (appeal) is one we’re bound to lose like we did in Ryde, where we have to argue against our planners, our bylaws and our official plan.”

Councillor Terry Pilger said he did not agree with Colhoun’s methodology for avoiding the OMB hearing, but said he believed the application was appropriate from the start and would not support a resolution to go to the board over the matter.

Councillor Lou Guerriero struggled with the fact the applicant revised the application and council still turned it down.

“This is where we got into trouble last time,” he said.

Councillor Sandy Cairns said there are a lot of businesses on Winhara Road, so the sheet metal business would fit into the neighbourhood.

Councillors Paisley Don­aldson and Bryan Pilger said they would continue to uphold council’s refusal of the application because they listened to the neighbours.

“I don’t think we should reverse this whether the OMB would turn it over or not,” said Bryan Pilger. “We should do what we think is right and go with the way each person voted.”

Another recorded vote was called on the matter with councillors Tracey Wilson, Donaldson and Bryan Pilger supporting refusal of the application and proceeding to the OMB.

Councillors Cairns, Col­houn, Terry Pilger, Guerriero and Mayor John Klinck cast the majority vote to not proceed with an objection to the zoning amendment. Klinck’s original vote was against the application. Councillor Mark Clairmont, who originally voted against the application, was absent.

According to planning staff, the OMB hearing is set for April 28 and will still go ahead.

Senior planner Nick Popovich said neighbours have been notified of the hearing and will still be given an opportunity to speak to the application. Though council decided to change its position on the matter and will not oppose passage of the zoning amendment bylaw, the final decision will rest with the board chair.