Resident Candace Rodger wanted to sell a property on Athabasca Street East that she thought was zoned residential but was surprised to learn it had been converted to commercial decades ago.
Rodger contacted city hall in late April and early May about 701 Athabasca Street East because she had attempted to have the property listed for sale but learned through her realtor that the site was zoned commercial and couldn’t be sold as residential, a city council report explained.
The property was developed in 1938 as a mixed commercial and residential building with the storefront facing Athabasca Street East and the residential unit at the back. Similar to that time, the current zoning bylaw permits such combinations in the C1 neighbourhood commercial district.
Sometime before Rodger acquired the property, a previous owner removed the retail portion and expanded the residential use to occupy the entire building.
“This change was conducted without a permit or the required discretionary use approval for a one-unit dwelling,” the report said. “This change likely occurred after the year 2000 since the property was still being assessed as mixed commercial and residential use for tax purposes at that time.”
To legalize the property’s existing state as a one-unit dwelling, Rodger submitted a discretionary use application to city administration, which presented it during council’s May 27 regular meeting. She spoke to council about the property and her efforts to dispose of it.
Rodger said she’s lived in the dwelling for more than 20 years and has turned it into a beautiful home during that time. She now wants to sell it but can’t because of this unexpected zoning issue.
“I’ve put over $60,000 into that house. So, I’d like to get something smaller now,” she added.
After a brief discussion, council unanimously approved the discretionary use application.
Zoning bylaw
Since the property has been used as a one-unit dwelling for about two decades, there would not be any noticeable change from its current use if it were categorized differently, the report said. There are two other C1-zoned properties across the street, although only one property has an active business based on city records.
Approving the discretionary use application would not negatively affect the ability of future owners to redevelop the property for commercial purposes, although for that to happen again, the building would need to be renovated — something Rodger is unable to do, the document continued.
The report noted that the building does not conform to the zoning bylaw’s current setback requirements for either the front or side yards in the C1 district, regardless of use. Previous owners constructed the building with no setback from the front property line along Athabasca Street East or along the west side property line along Seventh Avenue Northeast.
Since the building is legally non-conforming, the zoning bylaw prohibits any enlargements, additions or reconstructions that would increase the non-conformity, the report added.
The next regular council meeting is Monday, June 10.
