The Development Appeals Board (DAB) met recently and reviewed applications from Brad Rattee of 1165 Normandy Drive and Pioneer Thinking Capital Corporation (Town 'n' Country Mall) of 1235 Main Street North.
MOOSE JAW -- Two property owners who want to pursue projects on their lands can proceed even though the initiatives are contrary to the zoning bylaw.
The Development Appeals Board (DAB) met on Sept. 23 and reviewed applications from Brad Rattee of 1165 Normandy Drive and Pioneer Thinking Capital Corporation (Town 'n' Country Mall) of 1235 Main Street North.
Rattee wants to construct a detached garage that is 111.48 square metres (1,200 square feet) in size with a height of 5.385 metres (17.65 feet), while the Corporation wants to install a daycare centre/pre-school inside the mall.
Detached garage
The board's report explained that Rattee's property is in the R1 large-lot low-density residential district, while his principal dwelling is 157.93 square metres (1,700 square feet) in size. Furthermore, he has an accessory building that is 14.86 square metres (160 square feet) in size.
Continuing, the report said the city denied the homeowner's development permit because the combined accessory footprint of the proposed garage and secondary building would be 126.34 square metres (1,359.91 square feet), contrary to the maximum accessory footprint of 83.61 square metres (900 square feet) in the R1 district.
Furthermore, the proposed garage's height was contrary to the maximum five metres (16.4 feet) for principal dwellings over six metres in the R1 district.
Rattee told the board that his garage would be located at the rear of his lot, where no one else lived, the report said. He also argued that the garage would enhance his property's value and increase municipal tax revenue without affecting the area.
After considering the proposal, the board approved the appeal because:
* It would not be a special privilege since the board would grant a similar appeal in the same district
* It would not be a relaxation of, or contrary to, the zoning bylaw since it would not hinder the health, safety or general welfare of the community
* It would not injuriously affect the neighbouring properties because no one within 75 metres complained about it, and there was no evidence that it would lead to unreasonable interference or cause damage or harm
Daycare centre
Meanwhile, the report said city hall denied a development permit for the daycare centre/pre-school because the venue would be within 15 metres of Spiritleaf Cannabis Store, which is contrary to the 83 metres that the zoning bylaw prescribes.
Continuing, the report said the Town 'n' Country Mall is classified as a major shopping centre in the C2 high-density commercial district and has several permitted and discretionary use operations. The zoning bylaw also says that daycare centres are discretionary uses in the C2 district.
Since the proposed daycare and marijuana business are in that district, they must be 83 metres apart, while the separation distance must be a straight line measured from the nearest point of the cannabis building to the nearest point of the mall where the child-care centre will be, the document continued.
Bing Wang, the executive vice-president of Pioneer Thinking Capital Corporation, said the Moose Jaw Multicultural Centre wants to install a daycare centre/pre-school in the southern portion of the mall, the report noted. The venue's parking and entrance area would be roughly 215 metres from the cannabis store.
Continuing, Wang argued that measuring the separation distance from the mall's overall property line -- roughly 15 metres from Spiritleaf -- did not reflect the actual separation that children, families and staff would experience, while it created "an unrealistic interpretation of the bylaw," the document continued.
Wang added that the bylaw's intent -- to provide adequate separation between sensitive uses and cannabis retail stores -- was satisfied when the measurement was taken from the daycare's functional access point rather than the property line, the report added.
In response, the city's development planner said the 83-metre separation distance prevented marijuana retail stores from being located near institutional land uses that youths -- such as daycare centres and pre-schools -- may visit, the report said. Also, the distance ensures that the community's health, safety and welfare are maintained.
The planner added that granting the variance could set a precedent that is inconsistent with restrictions applied to other nearby properties, the document continued.
After considering the proposal, the board approved the appeal for similar reasons as the Rattee decision.
The board's report was presented during city council's Oct. 14 regular meeting, with council unanimously voting to receive and file the document.
The next regular council meeting is Monday, Oct. 27.