Whitehorse Daily Star

Apply caretaker housing rules equally, city urged

An area resident has asked city council to be fair in reviewing a zoning amendment, after his similar request was thwarted.

By Sarah Niman on February 12, 2008

An area resident has asked city council to be fair in reviewing a zoning amendment, after his similar request was thwarted.

Ian Pumphrey told council members Monday evening that if they approve Northern Vision Development's plans to have three caretaker residences on one lot, they should have let him to do the same.

The rules governing caretaker residences should not be bent to suit the needs of certain applicants, he said.

"It should be fleshed out and applied equally," said Pumphrey, appearing as a delegate at the council meeting.

Council heard an application from Northern Vision to develop industrial business lots in the Marwell Area, with the option of having caretaker residences on the upper floors. Currently, the rule is: one lot, one caretaker residence.

Ted Lambert, on behalf of Northern Vision, said because these lots are so large and the triplex business offices will total 3,000 square feet, one caretaker residence of that size is not appropriate.

He is proposing that the zoning bylaw for CIMx-Mixed Use Commercial Industrial be changed to allow for three caretaker residences of 1,000 square feet to go on one lot.

Pumphrey said a similar proposal by him was shot down with the city. He owns an undeveloped industrial lot in the Mt. Sima area.

"I was interested in doing a very similar project in the same area, but the planning department didn't see it as fitting at the time," he said. "I was pretty much adamantly told it wouldn't happen in this situation."

The delegate said when he had asked city planners why, he wasn't offered a response.

"I'm sure bringing it up here, you'll get an answer from the planning department," said Coun. Dave Stockdale.

Pumphrey said he had not formally filed an application, because he was discouraged after his initial discussion with city planners.

City manager Dennis Shewfelt said the inquiry would be followed up by administration, but offered some insight in the meantime.

"The (Mt. Sima) properties are on their own water supply and septic system. This application is in an area with city water and sewage services. It's not serviced in the same manner as the Mt. Sima lots," he said.

Lambert was also present at the council meeting to speak to council about his application and answer their questions.

He said he wanted to take the opportunity to clear up any misconceptions about the development's future uses.

"To be clear, the zoning isn't extremely limiting in the number of uses. It does include retail and convenience," he said.

"But it is not our intention to build a subdivision that draws away from the downtown core. Retail ... those do better in the downtown core."

He said commercial-industrial space is at a premium in the city, as there are currently no such spaces available for sale.

"We're looking to meet that need."

Stockdale asked if the intentions for the caretaker residences above the business would cater to a specific demographic, as the neighbourhood is not suitable for families with children.

Lambert answered that the residences would be geared towards the business owners, who would otherwise have to find another house, likely driving distance away. This solution saves them costs, he said.

That said, the caretaker residences would be better suited for single adults, not for families with children.

"That would be unenforceable, if there was any regulation (restricting children)," said Clive Sparks, the city's interim director of operations.

"Well, not really," said Stockdale.

"If we can run around catching dogs, we can run around catching children. I know it sounds bad, but ...." at which point he was cut off by the laughter of his fellow councillors.

The zoning amendment was later given first reading under the bylaw process. There will still be a public hearing and an ultimate third reading before council offers a final vote.

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