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SOMBA K'E/YELLOWKNIFE - After a public hearing and two hours of discussion, city councillors defeated a proposed zoning amendment outlining development requirements for Phase VII of Niven Lake.

The amendment proposed to change the rules forbidding houses to have a garage that sticks out beyond the front door of the home and to relax the floor area ratio requirement in which basements were included.

Only five lots have sold in the first stage of Phase VII of the Niven Lake subdivision since they went to market last October. Some developers have complained that the zoning requirements there are too onerous. - Tim Edwards/NNSL photo

The move to change the bylaw was triggered by concerns from developers that - for certain lots - it was too difficult to design houses to comply with the regulations. After going onto the market last October, only five lots have been sold at the first stage of Phase VII, with 25 left to go.

One home dealer who spoke at the meeting said it was just a matter of allowing more flexibility - not scrapping the entire bylaw.

"It's not a matter of wanting a whole bunch of changes," said Matthew Spence, who is currently trying to bring in a "packaged home" for one Niven Lake property owner.

But his concerns - and others heard at a special council meeting last Friday - did not persuade the majority of councillors.

City councillors David Wind, David McCann, Paul Falvo and Kevin Kennedy voted against the bylaw change; councillors Bob Brooks, Lydia Bardak and Shelagh Montgomery voted in favour. Councillor Mark Heyck, who had previously indicated support for the change, was serving as acting mayor Monday night and did not vote.

Wind said he voted against the bylaw because it was in the "early days" of development at Phase VII and he was not prepared, yet, "at the first sign of push back" to go against consensus from previous public consultations which formed the basis of the current bylaw - and the desire to have less-prominent garages.

"I'm not sure we just flippantly change (the bylaw) ... it builds cynicism in the public," added McCann, saying he was concerned any change would be seen as happening "fairly quickly."

Montgomery disagreed. "It's our responsibility to act as quickly as possible when problems arise," she said, adding the amendments would still maintain the intent of the zoning, which was for smaller lot sizes and natural landscaping.

Bardak also did not buy the argument that public demands should overrule concerns from developers, who said the bylaw may be unworkable in its current form.

"(The public) can talk very eloquently about what it wants, but maybe not talk as eloquently about what it needs ... or what's possible," she said.