MOOSE JAW - Businessman JC Chhokar can construct a 24-unit residential apartment and commercial space at 1345 Algoma Avenue even though the project contravenes the zoning bylaw, the Development Appeals Board (DAB) says.
The board met in mid-July to hear Chhokar’s appeal after city hall denied his request because the initiative did not follow requirements in the zoning bylaw, an Aug. 26 city council report explained.
City hall rejected his development permit because the bylaw says the minimum rear yard corner site setback required in the R4 district is 4.5 metres (14.76 feet). Conversely, the project — which council approved in June by rezoning the property — proposes a rear yard setback of 1.513 metres (4.96 feet).
Chhokar told the board that he wanted a variance to the zoning bylaw to avoid having to shift the structure to the north into a floodway zone, the report said.
Meanwhile, the city’s representative said the concern is the project is on a corner lot, with the northern half of the development in a floodway zone and the southern portion in a flood hazard overlay district.
After reviewing the situation, the appeals board granted Chhokar’s variance request for three reasons:
- It would not be a special privilege since the board would grant a similar appeal in the same district
- It would not be a relaxation of the zoning bylaw since it would not hinder the health, safety or general welfare of the community, while it could help enhance the variety and efficient use of area land
- It would not injuriously affect the neighbourhood since the contraventions would have no negative effects on the adjacent properties or interfere with their use, no one in the area was opposed to the project, and the apartment complex and ground-floor commercial development could enhance area services
According to previous information, the property consists of five lots comprising roughly 1,391.50 square metres (14,978 square feet) and is a corner site at the intersection of Algoma Avenue and Laurier Street West.
The lots were classified as R3 high-density residential district, R3f1 high-density residential district and f1 flood fringe overlay, but council rezoned them to R4 core mixed residential district, R4f1 core mixed residential district and f1 flood fringe overlay district.
Besides these 24 units, Chhokar’s company is considering building 80 more units in the future, while its goal is to develop more than 150 multi-unit housing suites — based on need, demand and bylaws — during the next three years.
The new building will have a grocery/convenience store on the bottom floor and apartments above. Chhokar told council that the store should benefit students attending Saskatchewan Polytechnic since it would have reasonable hours and offer low-cost food items.
“It is a development that is much needed in area of Saskatchewan Polytechnic,” Mayor Clive Tolley said during the Aug. 26 meeting. “So I’m very happy that it made its way through system and will be constructed. It’s good news for the City of Moose Jaw.”
The next regular council meeting is Monday, Sept. 9.
