The development appeals board has approved a request from business owner Raymond Allan Toews to subdivide his property, even though city council denied the initial application due to zoning bylaw conflicts.
The board (DAB) met on July 18 to hear from Toews, who owns Ray-Donn Building Materials Ltd. at 506 High Street West, according to the report city council received during its Aug. 14 meeting.
Toews wants to subdivide his property into two lots, with the new parcel acting as a contractor’s office and compound for new owners. The existing property contains a commercial warehouse and other accessory structures.
By subdividing the lot, the current side yard of the existing property would become the front yard for the proposed new lot and the current accessory building would be designated the primary building, the report said.
The business owner told the board that the accessory building has the appropriate power and energy established for this new use.
Michelle Sanson, director of planning and development, told the board that council denied Toews’ request on June 12 because the proposed lot does not meet the minimum building setbacks that the zoning bylaw requires.
Toews argued the municipality would not have an issue with the variance being granted if a servicing agreement occurred for the proposed change of the building use and provision of services to the property, the report said. Moreover, he would bear responsibility for the changes and acquire a development and building permit (change of use) to pursue the adjustments.
After reviewing the situation, the appeals board granted Toews’ variance request for three reasons:
- It would not be a special privilege because the board would grant a similar appeal to other parties in similar circumstances
- It would not be a relaxation of the zoning bylaw because granting the appeal would not hinder the health, safety or general welfare of the surrounding community but could enhance the variety and efficient use of land
- It would not injuriously affect the area since there were no objections from nearby property owners
The next regular council meeting is Monday, Aug. 28.
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