A group of Black Diamond homeowners are worried about the future of their neighbourhood after town council approved the construction of a duplex in their area last week.
Numerous residents — many who signed a petition requesting First, Second and Third Streets remain single family dwellings with no secondary suites permitted —expressed opposition to a proposal to rezone a 60 by 170 foot property on the corner of Fifth Avenue and Second Street SW from low to medium density residential to allow the construction of a duplex during a public hearing on Nov. 5.
Council voted at its regular council meeting immediately following the public hearing to rezone the land to medium density to allow the two semi-detached dwellings to be built. The existing house on the lot is described by the Town as being in poor condition.
“I was just flabbergasted that they didn’t give any consideration that I had a petition signed by a majority of residents in that area,” said resident David Schellenberg. “I did the best I could to let council know there was a great deal of opposition to this project and it still went ahead.
“We felt as citizens in our area that we could successfully defend the rezoning of the property and they could just build an R1 (low density) residence there. It wasn’t to be.”
Schellenberg said he went door to door with his petition and everyone he spoke with was against rezoning the property.
“Most people in our part of town really like the fact that we have big yards,” he said. “The rest of that whole section of that part of town is zoned R1. I would really like to keep it that way and so does everyone else that lives there.”
Mayor Sharlene Brown said council did review and acknowledge the petition.
“Although we may not have mentioned it during council it was mentioned during the public hearing that there was a petition and it was part of the public packages,” she said.
Coun. Michel Jackson said more high-density development is needed in the community as it provides a more affordable option to existing and new residents.
“By allowing people on corners like that to build a duplex it could make the difference between having a couple of seniors going to live in a home somewhere instead of still being able to live in the community and say hi to the neighbours they lived with 40 to 50 years,” he said.
Doug Way, who moved to Third Street six years ago, said he chose the neighbourhood for the privacy and large lots, and feels that will be lost.
“I see this as being the beginning of the end of that,” he said.
The applicant, Will Logan, told the public the square footage and height of the duplex will be less than the maximum set by the Town, there will be parking on the lot and trees on the property will soften the visual impact.
Rod Ross, the Town’s planning and development officer, told council this type of development on a corner lot minimizes the impact on neighbouring properties, being across the street from a schoolyard and a wide street to the east.
“The municipal development plan spoke to the need to provide for a range of housing options in town and to provide housing for a range of socio-economic groups,” he told council.
Council approved amending the land use bylaw in this particular case as the building will be set back 3.9 metres from the front property line and 3.9 metres from the back property line and the bylaw requires a distance of 4.5 metres and 7.5 metres respectively, yet not all councillors agreed with the amendment.
Coun. Judy Thomson and Jackie Stickel did not vote in favour of rezoning because of their concerns that the building wouldn’t meet the requirements.
Stickel suggested Logan reconfigure the building design.
Jackson disagreed.
“I don’t think it’s fair to whoever wants to develop to say you have to follow the setbacks laid out in our little town bible when we had several people we allowed waivers,” he said. “All of a sudden we clamp down and say no more divergence.
“I can’t say we’ve done it in that area, but we’ve pretty well done it in every area of the town.”
