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Lot owners force Niven Lake changes

Andrew Livingstone
Northern News Services
Published Friday, May 29, 2009

SOMBA K'E/YELLOWKNIFE - Round two goes to lot owners in Phase VII development of Niven Lake.

After defeating bylaw amendments two weeks ago - which proposed to change the rule 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 - council voted in favour of similar changes on Monday.

Bylaw 4517 passed first reading Monday night after council heard lot owners' concerns with the current restrictive zoning bylaw. The amendments will allow for homes with irregular lot lines, physical limitations related to terrain, topography and grade or natural features such as rock outcrops or vegetation to have a variance of floor area ratio up to 15 per cent, giving them more floor space to work with.

Jeff Humble, director of Planning and Lands, said this change will allow some leniency to lot owners. The 15 per cent would ease lot owners' worries about the inclusion of basement floor space in the total floor area.

The initial move to change the bylaw was prompted by concerns from developers that it was too hard to meet the regulations in certain lots. Since October, only five of 30 lots have been sold in the first stage of Phase VII.

"I didn't know what I was getting into when I signed up for this," said lot owner Trish McFaull. "My biggest concern is the front door and garage business. If our front door has to be aligned with the garage, it doesn't work for us."

Coun. David Wind, who voted against the amendment twice, did not appear to be persuaded and said more information was needed.

"I would better like to understand the nature of the problem," he said during the May 18 committee meeting.

This prompted a quick response from Mayor Gord Van Tighem.

"The nature of the problem is easy. Just drive to Phase VII and see how many houses are being built," he said.

Van Tighem said if the bylaw changes pass, the best-case scenario would be for lot owners to move ahead on their building plans on July 15.

After hearing McFaull's concerns about the garage door issue, Coun. Mark Heyck asked for the garage door amendment, originally voted down by council, to be included.

"This provides a huge challenge," he said. "If we want to force people to build custom homes, then we should keep them there."

Two lot owners were required to hire architects to help design their homes because they could not find a pre-fabricated design that would fit their situations, costing them more money.

Coun. Dave McCann said he was pleased there were faces finally being put to the problem.

"It injects reality into the situation," he said. "I like the direction of what we're hearing."

McCann originally voted against the changes stating they were flippant and would build cynicism in the public.

Coun. Bob Brooks was in full support of the change in garage restriction.

"There is no cookie-cutter lot," he said. "It gives a lot more flexibility on the lots out there."

- with files from Lauren McKeon