Huntsville needs more rental housing and that point was not lost on the Town’s Planning Committee at its July 12 meeting.
At that meeting, committee voted in favour of rezoning a house on Duncan Street to recognize its existing use as a multi-residential rental building, despite complaints from neighbours.
The application to rezone 12 Duncan Street from a Residential Two (R2) Zone to a Residential Two (R2) Zone with an exception to allow a maximum of three dwelling units on the property and to bring the property under site plan control was initially brought before committee last August.
“At that time concerns were raised by neighbours regarding noise, parking and property standard issues. Committee deferred a decision pending clarification on these matters,” according to Huntsville Manager of Planning Services Kirstin Maxwell. She said since that time the fire department has confirmed that there are no outstanding issues regarding the property and that it meets the requirements as a retrofit triplex. She also said staff is satisfied that the property can accommodate the five parking spaces required for the three rental units, despite objections.
“My client bought this property in 1997. There was never any concerns with respect to the three units in the property. It was only within the last couple of years that one of the neighbours raised a concern and the building department issued an order,” John Gallagher, the planning agent for the owner, told committee. Gallagher said the owner met with the fire prevention officer and installed some fire-rated drywall and additional smoke detectors to pacify any concerns. He said the house has existed as a triplex as far back as 1982 and legal counsel for the owner is under the impression that it is a legal non-conforming use.
“Some of the comments related to people zoning, which isn’t allowed in the zoning bylaw, you know the type of tenants they have, etc. This is a small apartment, it provides an opportunity for someone that likely couldn’t afford the current rate of two bedrooms and as such it has housed many people over the years. Sometimes there’s good tenants and sometimes there’s not so good tenants. That being said, my client deals with numerous tenants and resolves those issues because it’s not in his best interest (not to),” said Gallagher, referring to one of the apartments in the triplex. Gallagher told committee that the issue stems from the building department indicating that there isn’t a building permit for the triplex.
Gallagher said he undertook a preliminary investigation on the street and found that out of nine existing duplexes just two had permits. He cited a court case involving an apartment above a garage on East Browns Road that he was involved with. “At the end of the day the judge ruled that it was heavy-handed for the municipality to go after someone after such a long time has expired and that case was thrown out,” he said. “Regardless of that fact we have tried to make the amends and go through the process as was requested [by] staff and that’s why we’re here today to recognize the building as it exists and move forward in this application.”
Councillor Jason FitzGerald said he prescribes to the legal non-conforming status of the property while Councillor Jonathan Wiebe expressed concern with approving the triplex after the fact.
“Part of me is worried that we are in effect rewarding bad behaviour because you sort of do whatever you want and then if you get caught, well we kind of just make it work so I have really mixed feeling on it,” he said. Gallagher responded and said he saw that in some of the comments from the neighbours and noted that the owner purchased the house as an existing triplex.
“My client bought this as a triplex. It was advertised as a triplex 20 years ago, it was a triplex 35 years ago. If anyone should be punished it would be the person that maybe illegally converted it between ’74 and ’83,” he said.
In the end, the zoning amendment was approved for ratification by Huntsville Council at its July 24 meeting.
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That house was not made into a triplex until 89 or 90. I know because I lived there when the basement was converted.