MOOSE JAW — The Development Appeals Board (DAB) has allowed two individuals to proceed with their construction projects even though the initiatives contravene the zoning bylaw.
The board met on Oct. 15 to hear from homeowner Gordon Ross at 712 Fairford Street East and businessman Brad Panko with Harvard Developments Corporation at 325 Thatcher Drive East after city hall denied their respective requests to build a detached garage and building addition.
712 Fairford Street East
Ross wants to construct a detached garage that is 87.33 square metres (940 square feet) in size and five metres (16.42 feet) in height, with the structure in the R1 large-lot low-density residential district, the board’s report said.
However, the zoning bylaw says that the proposed floor area of the accessory building exceeds the prescribed requirements of 83.61 square metres (900 square feet) for that district. Moreover, its height exceeds the maximum allowed height of 4.5 metres (14.76 feet) when the principal structure is under six metres (19.69 feet) in the R1 district.
Ross told the board that this proposed development plan and floor area are identical to a project that the board approved in May 2022.
Meanwhile, a city hall planner said that while the municipality was aware of Ross’ development submission, refusal and subsequent appeal approval in 2022, he pointed out that this appeal was necessary because the variances that the board granted on the development two years ago had expired.
After considering the proposal, the board approved the appeal because:
- It would not be a special privilege since the board would grant a similar appeal in the same district
- It would not relax the zoning bylaw since it would not hinder the health, safety or general welfare of the community
- It would not injuriously affect the neighbouring properties because no one within 75 metres complained about it and there was no evidence that it would result in an unreasonable interference or cause damage or harm
325 Thatcher Drive East
Panko wants to construct an addition to an existing building on an “irregular commercial lot” that is roughly 80.86 metres by 108.20 metres (65 feet by 355 feet) in size in the C3 vehicle-oriented commercial district, the report said. The proposed development would be 336 square metres (3,616.67 square feet) in size and would be built on the south side.
However, in 2019, city hall made “sweeping changes” to all zoning districts that condensed the development standards in each district into one set for all future permitted and discretionary uses, the document continued. These changes included increasing the side-yard setback to three metres (9.84 feet) from 1.2 metres (3.94 feet).
The report noted that city hall denied Panko’s project because the proposed side-yard setback of 1.2 metres contravenes the required setback of three metres in a C3 district.
Panko told the board that the existing building was constructed in 2016 under the former setback requirement of 1.2 metres, while the structure lies 1.7 metres (5.58 feet) off the west property line and 1.64 metres (5.38 feet) off the southwest property line.
The 2019 bylaw changes now mean the building no longer meets the prescribed setbacks, while adhering to them would require Harvard Developments Corporation to construct an “irregular-shaped floor plan and (would) create a hardship to lease the property,” the report said. The proposed development plan “is presented as the best design for the property.”
After considering the proposal, the board approved the appeal for reasons similar to Ross’ decision.
The board presented its report during the Oct. 21 regular city council meeting, with council voting unanimously to receive and file the document.
The inaugural meeting of the new city council is Monday, Nov. 18, while the first regular meeting is Monday, Nov. 25.
