YORKTON - A request to have properties on 129 and 135 Myrtle Avenue rezoned to allow for granting a discretionary use to allow for construction of a storage facility was approved by Yorkton Council May 9, but not without one voice of dissent from the public.
Michael Eger, Director of Planning, Building and Development with the City told Council the application was advertised and circulated in accordance with the City’s public notification requirements, including advertisement in the local paper, at City Hall and on the City website, and a direct mail out to property owners within 75 metres of the subject property.
“As of the date of this report, administration had received telephone and email inquiries from a neighbouring resident in response to both the rezoning and the subsequent Discretionary Use application. The resident raised questions and apparent concerns relating to: depreciation of property value, minimum building setbacks, building code requirements, storage of flammable goods, heritage considerations, and due process,” detailed Eger’s report to Council.
Terry Kashuba would then present to Council, with several areas he deemed contentious, including noting he felt there was not sufficiency of notice.
In his written material he suggested the requirements of public notice had not been provided, suggesting what the city provided in its notice was “not of enough sufficiency to make an informed decision as to the size, nature or scope of the build requiring the amendment or to the Bylaw being amended.
Kashuba also noted the wording or draft of the amendment was not included in the public notice in which an informed decision can be made.
That there was “no site plan grading or runoff plan so that an informed decision of the building can be considered in relation to surrounding buildings in which a hazard or depreciation may be created as described in Planning & Development Act,” was also of concern in Kashuba’s material.
Eger’s said in his role with the city he was confident the method of advertising undertaken fits with what is prescribed by the province.
“The City’s rezoning and Discretionary Use processes are subject to requirements of applicable Provincial Legislation (Cities Act and the Planning & Development Act, 2007), and those processes have been followed for the affected property,” detailed the written report to Council.
In addition, Eger’s report noted, “the application was referred to the Planning and Infrastructure Commission at the April 27, 2022 meeting. The Commission reviewed the application and unanimously carried the following motion:
“That Bylaw No. 9/2022, to amend Zoning Bylaw No. 14/2003 by rezoning 129 & 135 Myrtle Avenue from C-1 City Centre Commercial to CMI-1 Commercial – Industrial Transitional, be recommended for approval to City Council.”
Eger’s report also detailed “that the neighbouring single unit residential properties along Myrtle Avenue are designated for future commercial use in the official Community Plan, and dating back to at least 2003, have been zoned C-1 City Centre Commercial.
“After learning that these regulations inhibited home owners from obtaining replacement insurance, the City modified the C-1 zoning to officially grandfather the existing residential uses. Though the Zoning Bylaw would support replacement of homes on these properties, it would not currently support new low density residential development along this portion of Myrtle Avenue.”
