City administration wanted to challenge a decision made by the Development Appeals Board over a building project, but city council went in a different direction due to a lack of clear information.
During its Sept. 23 regular meeting, council voted unanimously to receive and file the report administration presented. Administration, however, had wanted approval to appeal to the Saskatchewan Municipal Board over a decision the appeals board made about a project at 459 Lillooet Street West.
Background
Nearly a month ago, the appeals board approved a building project even though the project contravened the zoning bylaw. Sam Shaw, on behalf of property owner Sammual Morrison, intended to build a garage that is 24 feet by 68 feet and 147 square metres (1,632 square feet) in size. This is contrary to the 83.6 square metres (900 square feet) in the zoning bylaw.
City hall received Shaw’s development permit in June and denied it that same month. Shaw appealed the decision to the appeals board, which granted the appeal on Aug. 30.
City administration thought this new decision should be appealed since it would set a precedent for future appeals, explained Michelle Sanson, director of planning and development.
The Development Appeals Board heard a similar appeal for this property on Aug. 15, 2017 and denied the application on Aug. 21, 2017, Sanson told council. Shaw appealed to the Saskatchewan Municipal Board, which upheld the decision.
Council discussion
There were letters from neighbouring property owners indicating they were not opposed to the project, said Coun. Dawn Luhning. Since they were not opposed, she wondered who was being adversely affected.
Provincial regulations say there are three tests the appeals board had to pass when making a decision, said Sanson. The tests include ensuring the approval is consistent with the restrictions on the neighbouring properties in the same area; amount to a relaxation of the zoning bylaw that defeats the intent of the bylaw; and injuriously affect the neighbouring properties.
“We don’t think it passed the last two tests,” she added.
Consistency is important, agreed Coun. Scott McMann.
However, the report indicated the appeals board had given approvals before to eight property owners who had buildings with combined floor spaces of more than 900 square feet, including one property with buildings totalling 2,000 square feet, he continued. He wondered if city hall appealed those decisions.
Those were not appealed since the total floor spaces listed were for multiple buildings on the property, Sanson explained. City administration wanted to appeal this particular decision since it thought the proposed building was too large.
McMann wondered what the concern was if there were three buildings with a large floor space versus one building, considering they all took up space on the lot.
“Now we are getting into a really large accessory building in a residential area and it impacts the residential character,” said Sanson. “Yes, the size total would be similar, but the aesthetics would be different when we have smaller multiple buildings.”
Since this property at Lillooet Street is a double lot — at 100 feet by 125 feet — Luhning wondered how much property the buildings covered. Sanson replied that accessory buildings can cover up to 40 per cent of a lot; the accessory buildings on this lot were under that allowed percentage.
With no neighbours opposing the project and the current buildings covering fewer than 40 per cent of the property, Luhning moved that city administration’s report be received and filed.
“I think it would have been easier had we understood that the (previous projects) approved before were multiple buildings and this was one,” remarked Coun. Heather Eby, “because I had similar questions.
Council also allowed Shaw to speak about the project.
The next regular council meeting is Tuesday, Oct. 15.
