Residents living around 710 Jarvis St. oppose the idea of permitting a day care centre in their neighbourhood because it does not suit the area's character, city council heard Monday evening.

During a public hearing about 710 Jarvis St., members of council heard from a number of residents opposed to Lori Austin's application to rezone the property to allow for the creation of a day care centre.

Downtown resident Rachel Grantham said she was speaking to council as a mother and a downtown resident who is opposed to the day care initiative.

'... I'm on both sides of the issue. I think it's laudable that the city make exceptions for places such as day cares and churches, (but) the type of exception the proponent is asking for is problematic,' Grantham said.

'A day care should be on a double lot,' she said, referring to the size of 710 Jarvis, which is approximately half the size called for by the Yukon Child Care Act and the city's zoning bylaw.

Traffic, Grantham added, is also a concern to residents.

According to the city's zoning bylaw, section 6.6, day care centres must be on a lot that is more than 900 metres squared in area.

'In a residential zone, a child care centre shall have a minimum site area of 930 metres squared and shall be located on a corner site or adjacent to a park,' the city's zoning bylaw states.

Austin approached the city earlier this year, asking for the property to be rezoned. She was told when she bought the property that a day care was listed as a conditional use of the property.

According to the city's zoning bylaw, a conditional use 'means those uses of land, buildings or structures for which development permits may only be issued at the discretion of the planning committee.

'The proponent must demonstrate the use of a specific site within a particular zone is compatible with adjoining land uses, complies with the intent of the standards for operation in that zone, and is consistent with the Official Community Plan.'

Longtime downtown resident Renee Carlson told council she too opposes the creation of a day care.

'What I'm here to say to you is that I'm opposed to changes to the zoning bylaw, the Official Community Plan and the Downtown Plan to allow for spot rezoning to a residential lot in a downtown neighbourhood,' she said.

'It's the only downtown area zoned for single-detached family homes. There are spaces available in the commercial area for a large downtown day care centre.'

According to the city's Downtown Plan, 710 Jarvis is located in Old Town, which is bordered by the Pioneer Cemetery, Cook Street, the clay cliffs and Sixth Avenue.

'Old Town, Whitehorse's oldest established residential area, will have properly evolved when the neighbourhood has maintained its low-density, single-family detached character and quite, peaceful non-commercial environment;' the city's recently completed Downtown Plan states.

'We don't want you to set a precedent (by allowing spot zoning),' Carlson said.

Fellow downtown resident Ken Besler said he recently bought a house in the area and that he too is opposed to the rezoning of 710 Jarvis St.

'I would like to say from the outset that I'm opposed to changing the bylaw ...

'When I bought my house, I was told there would be no business conducted in the area,' he said.

Jacinthe Labreque, a downtown resident whose property borders 710 Jarvis St., said she too is against the rezoning application.

'Being the immediate neighbour, I know it will affect my quality of life, right to privacy and my property value.

'I'm not against a day care and I'm not against children. What I'm against is rezoning this particular property for 32 children,' she said.

Jennifer Byram, Austin's sister, told council not everyone is opposed to the day care idea.

Byram said she was speaking on behalf of Austin, who is out of the territory.

'It's been a tough crowd so far,' she said.

'The area has been identified by your planning department and by the government as being acceptable for 64 kids. She's saying half the lot, half the children.

'Lori will sign an affidavit that the number of children on any given day will not exceed 32.'

Austin has already been contacted by a number of parents looking to get on her waiting list if the day care at 710 Jarvis opens, Byram added.