With an agreed upon compromise, a previously deferred development variance permit application is heading to Salmon Arm council for approval.
Initially received at the April 7 meeting of the city's development and planning services committee, the application was to vary servicing requirements triggered by a subdivision application for 370 20th St. SE. The owners want to divide the approximately 1,330 square-metre single residential lot into two parcels, and are asking to waive sewer and storm main upgrades required under the city's Subdivision and Servicing Bylaw.
City staff supported the request to waive the upgrade to the sewer main upgrade, but not for the storm water main, and offered this as an alternative to a recommendation against the application.
"As this is premature, a cash in lieu payment for the future upgrade would be acceptable," said staff.
It was explained the existing storm main would be an issue if the subdivided lot were developed with multiple units as allowed in the zoning and Bill 44, B.C.'s Housing Statutes Amendment Act. The bill requires bylaws in municipalities with more than 5,000 people, and within an urban containment boundary, to allow for three to four units on lots zoned for single-family or duplex use.
Mayor Alan Harrison suggested a covenant be placed on the subdivided lot, limiting it to one dwelling unit, but was informed council couldn't use its powers through the subdivision servicing or zoning bylaws to circumvent Bill 44.
With questions, council and the applicant agreed to deferring the application to the April 22 development and planning services committee. At that meeting, staff confirmed a covenant wouldn't be possible.
The applicant had also received an estimate for the cost of the storm water upgrade, which came in at about $50,000.
Coun. Tim Lavery offered a compromise with an amendment setting the cash-in-lieu total at $25,000.
"I get it’s a cost and I get it’s a cost that goes against something we want to encourage, but we cannot forget storm water, and adequate storm water, heading into the future here," said Lavery. "I would argue that every application coming forward we need to look at this closely."
With the applicant being amenable to this suggestion, the committee was unanimously in favour of the application proceeding to council.
"I think what we’re coming up with is fair for both the applicant/developer and the taxpayer where we’re not taking the whole burden," said Coun. Kevin Flynn.
Lavery and Harrison noted council will be facing more of these situations as a result of Bill 44.
"This is one of many that we’re going to deal with down the road so it’s an important one, and I have 100 per cent confidence that you are going to develop that lot and provide another house in Salmon Arm which will be a single family house, perhaps with a suite in it," said Harrison. "But we’ll get other applications and people may have that same intention, but invariably some of these lots get flipped and of course without the covenant piece, we lose the opportunity and then through Bill 44 four dwellings could be developed and the taxpayer would have no way of getting back the monies to get in the sanitary and would have would have to pay it themselves."
