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Housing development rouses Niven neighbours
Building with 19 units triggers development appeal hearing over height, sunlight concerns

Shane Magee
Northern News Services
Wednesday, June 24, 2015

SOMBA K'E/YELLOWKNIFE
More than 45 people filled council chambers Thursday evening to appeal the city's approval of a public housing building in the Niven Lake neighbourhood.

NNSL photo/graphic

Bryan Manson led the appeal of the 19-unit public housing development proposed for Niven Lake Development Appeal Board hearing June 18 in city council chambers which more than 45 residents also attended. - Shane Magee/NNSL photo

The appeal centered on the height of the NWT Housing Corporation's four-storey, 19-unit building at 120 Moyle Drive and the potential changes to sun and shadows it could cause for neighbours. The lot, zoned medium density, has a height cap of 15 metres, although the grade of the site means the back side of the building would be 16.18 metres high, which required the city to approve a variance to the zoning bylaw.

That variance was the window for the appeal led by Bryan Manson at the quasi-judicial board hearing June 18. The three-member board heard from Manson, the development officer who approved the permit, concerned residents and the developer.

"I will be negatively impacted by this huge building," said Manson, who has a background in civil engineering with the military.

Manson said some neighbours had concerns about the building being for public housing, but his concerns were the physical impact on the area.

"It doesn't matter who is building it or who the occupants are," he said, adding it's about a four-storey building that doesn't fit into the neighbourhood.

"I think there should have been a little bit more research done to determine if there is an impact," he said, referring to the building casting a shadow onto

neighbouring buildings.

NWT Housing Corp. brought a Stantec Architecture Ltd.-produced sun/shadow study to the hearing. However, it was not presented as evidence because it was provided after a deadline to submit evidence for consideration at the hearing.

The intended structure with silver-coloured metal cladding is a copy of a housing corp. building constructed on 53 Street. Manson said the design doesn't match the character of the neighbourhood.

"The building looks too shiny and it looks like an industrial or office type building," he said, adding that it will tower above the homes on Stirling Court.

City development officer Jacob Larsen defended his work saying the review of the permit was thorough and considered the sunlight issue.

Because the street-facing portion of the building would be lower than the 15 metre height cap, nearby buildings are higher on the hill and more than 30 metres away, he determined a study

wasn't required.

"It is our determination that the proposed development meets the intent and purpose set out in the zoning bylaw," Larsen said.

Documents filed in support of the city's approval state that there have been 22 variances granted in Niven Lake since 2011, 20 of which were for height.

Manson also argued that there was not enough notice given for residents, saying the city should have done more than wrap a poster around a lamp pole by the site and include the permit notice in the city's newsletter.

Deana Twissell, who lives across the street from the proposed building, demanded the city provide an explanation as to why it approved the design.

"I am most angry because no one has bothered to explain this proposed development to us," she said, turning to look at city officials seated to her right, prompting a smile from the development officer.

"This will have a significant impact of our enjoyment of our homes and our resale value," Twissell said.

Mary Carol Miller said she's been a homeowner in the city for more than 33 years and moved into a unit on Moyle with no idea a building could go up across the street, potentially impacting the amount of sunlight her unit receives.

"I don't look forward to an apartment building across the street," she said. "It saddens me ... The apartment building doesn't fit in with the community and it never will."

Manson and Miller cited traffic concerns as another reason they're opposed to the development.

"Right now the traffic on Moyle is scary," Miller said.

The sides of the street are often filled with parked vehicles, trailers and boats.

Manson noted that plans submitted for the project show there's intention to building a second public housing building on the lot in the future. Giving the go-ahead to the proposed building means a precedent will be set that will allow the second, Manson said.

When the board asked if any of the members of the public at the meeting wanted to speak in support of the development, no one stepped forward.

Manson asked the board to rule against allowing the height variance and for the developer to submit new plans. The board has 60 days to issue a written decision.

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