Niverville’s council met on the morning of June 23 in a special meeting of council called by the town to address a variety of variance requests and other business. CAO Eric King was absent, with assistant CAO Audrey Neufeld stepping in to provide support.
Developers to Stick to Zoning Bylaws
While reviewing a variance request made by Black Gold Projects, council engaged in a lengthy discussion about the seeming increase in the number of variances being requested by builders. Black Gold’s request was to vary the side yard requirement to accommodate a house design intended for a 40-foot lot. The house’s design was more than 30 feet wide, thus impacting the side yard minimum, which is currently supposed to be at least five feet.
Mayor Myron Dyck said that government should not be involved in what amounts to a market change. When variance requests become expected on certain lots, the builder creates an extra step, leading to extra work for council and additional risk for the builder. The builder assumes a sure thing when it is not.
“The exception has now become the rule,” said Dyck. “What’s the point in having bylaws if there’s always a variance request possible? We want less red tape, not more, for builders. It should be easier to build, not harder.”
Dyck said that council is preparing to address developers in a letter later this week which will encourage builders to follow the guidelines they are given in the interest of reducing the government’s role instead of getting involved in every transaction.
“It’s their job to market the size of lots available, not to come ask for a variance all the time,” Dyck add. “The issue is, council should really not ever have to get involved. Realistically this is a market transaction between a developer and a builder. A builder needs a certain size lot in order to meet the market demand. If the developer does not have that inventory, does it not fall to the developer to provide the inventory of an appropriate size lot? All of that is market. That’s not government.”
Gerald Friesen, representing both Black Gold and Heritage Lane Builders, gave examples of other markets, such as Calgary, that had smaller side yard minimums. Friesen asserted that builders have adapted to lot sizes, but that a four-foot or even three-foot minimum isn’t unheard of.
“I love that you’re having a dialogue,” said Friesen, “and I tried to stay within a minor variation with this house and not involving you guys. But this house design necessitated a larger variance and redesigning the house would be very costly.”
Council agreed that a precedent exists around Niverville for side yard variances. They also discussed the zoning bylaw changes that came into effect in December 2018.
“I would request from every developer and every builder, should a variation be approved in another development on another street and then you can say, ‘Well, you did it there, you can do it here’—and you can see where this goes,” Dyck said. “We would either like to have a zoning change so everyone has a chance to be on the same page or that council will say to stay within the guidelines so we don’t have to have the risk to the developers and the builders that council may decide one time due to extreme pressure from the general public that that is no longer going to be allowed.”
When asked if this was a direct by-product of the recent Breckenridge complaint, Dyck said that it was.
“We need to manage the fluctuations in expectations,” he said. “These situations are a no-win for council. Either the developer is unhappy and new residents coming to Niverville are unhappy, or existing residents are unhappy. We are constantly being asked to choose who will be happy.”
Despite council’s discussion and its broad implications for the development market in Niverville, Dyck ended by reminding council that they have the opportunity to approve Friesen’s request based on exception. Both the side yard variance request for Black Gold and the subsequent request from Heritage Lane Builders were approved.
Chicken Chef Receives Outdoor Eating Approval
A conditional use permit was approved for picnic tables to be placed in the east parking lot of Chicken Chef. Council briefly discussed summer parking concerns, patio umbrella regulations, and the hope that the restaurant would make the space attractive.
Existing Co-op Signage Reapproved
After some discussion, council approved a conditional use permit for the Co-op gas station on Main Street to continue using their frontage for signage and storage.
Previously, a conditional use permit had been granted on a two-year term that allowed Co-op to store soft drink vending machines, propane tanks, and an ice freezer outside, as well as utilize a patio and Christmas tree storage area on a seasonal basis. This request also covered extensive outdoor signage along the frontage, fencing, patio, and sandwich board.
Additionally, Co-op requested to add a new portable sign.
Councillor Chris Wiebe questioned why so much signage is allowed for a business that already has a prominent location on Main Street, giving them built-in exposure, while other businesses in Niverville don’t have the same ability to advertise on Main Street.
Council agreed that the signage is extensive, but that precedent has been set. They decided that you don’t wish to take away what Co-op has already established. They agreed to approve the conditional use permit with amendments, such as removing the request for the new portable sign and implementing another two-year agreement.
Other Business
Council voted to approve the 2019 consolidated financial statement. Line items will be reviewed at a future meeting.
Council also approved the first reading of Bylaw 820-20, to amend Zoning Bylaw 795-18. The amendments to the zoning bylaw include some correction of clerical errors and wording in the original document.
It also adds guidelines for businesses in Niverville’s Industrial Park that interested in developing “caretaker quarters,” small living areas for overnight employees who need to remain onsite.
Councillor Wiebe asserted that the caretaker quarters may help increase security in the industrial park, noting a recent break-in at Niverville Towing.
The bylaw also introduces lot sizes to address possible development of row housing in Niverville.
Council plans a second reading and public hearing of this bylaw at a future meeting.