Questions around past practice and B.C.'s Bill 44 led to deferral of a development variance permit application to a future meeting of Salmon Arm's development and planning services committee.
On the agenda for the committee's April 7 meeting, the application is to vary servicing requirements triggered by a subdivision application for 370 20th Street SE. The owners wish 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.
"The reason for the application is economics – it’s expensive for us as we’re not a developer, we’re just dividing our property…," said owner Ryan Scorgie.
The city's engineering department supports the request to waive the upgrade to the sewer main as it currently offers ample capacity for future development. However, engineering staff was not supportive of waiving the storm main upgrade."
"As this is premature, a cash in lieu payment for the future upgrade would be acceptable," noted staff in a written report.
Engineering and public works director Rob Niewenhuizen explained the existing storm main would be an issue if the subdivided lot is 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 asked if the applicant would agree to a covenant being placed on the subdivided lot, limiting it to one dwelling unit, "or perhaps one with a secondary suite in the building."
While the applicant agreed to this, senior planner Melinda Smyrl said that may not be an option under Bill 44.
"In the legislation, council may not use their powers through the subdivision servicing bylaw or zoning bylaw to circumvent the four units on a lot currently allowed to have a single family dwelling," said Smyrl, adding staff would have to look into whether the proposed covenant is in conflict.
Scorgie said he would look into whether the applicant could have a covenant added.
Coun. Louise Wallace Richmond confirmed with staff that council would have some discretion over the value of the cash in lieu.
"I tend to think the legislation isn’t going to align with what we might have done as a covenant at one time," said Wallace Richmond. "And so this is why I’m thinking more about the portion of the cash in lieu, so that the owner/developer isn’t too burdened by a future four-unit lot that may or may not happen."
Mayor Alan Harrison explained if the committee were to vote in favour of the application proceeding to council, there would be no public hearing "and we do not have this opportunity to talk again." Instead, he suggested the motion be delayed for two weeks allowing staff time to bring back answers.
This was supported by the applicant and the committee.
"I think we’re all trying to make this work," said Harrison.
