1 00:00:00,000 --> 00:00:28,640 I'll call the September 8, 2026 meeting of the Planning Advisory Committee to order. I'd like to acknowledge that our gathering today is taking place in McMuggie, the traditional, unseated and ancestral territory of the McMugg people. I would also like to acknowledge that Nova Scotia has another unique people. The people of African descent, whose legacy and contribution stayed back 2 00:00:28,640 --> 00:00:35,100 In fact, over 400 years, predating confederation of this land, we are all treaty people. 3 00:00:38,420 --> 00:00:42,700 First item on the agenda is the approval of the agenda. 4 00:00:43,500 --> 00:00:46,180 This was circulated prior to today's meeting. 5 00:00:46,800 --> 00:00:52,420 Are there any additions that we'd like to place before the committee? 6 00:00:55,840 --> 00:00:59,500 Somebody move the acceptance of the agenda as presented? 7 00:00:59,500 --> 00:01:00,340 move 8 00:01:06,740 --> 00:01:08,660 to accept the agenda as presented. 9 00:01:10,260 --> 00:01:10,900 Seconder, 10 00:01:16,310 --> 00:01:17,990 Councillor Chambers, seconder. 11 00:01:19,030 --> 00:01:22,910 It's been moved and seconded that we approve the agenda is circulated. 12 00:01:23,150 --> 00:01:23,770 I'll move the favor. 13 00:01:24,090 --> 00:01:25,050 I can apply by saying aye. 14 00:01:25,490 --> 00:01:25,650 Aye. 15 00:01:26,290 --> 00:01:26,770 Contrary. 16 00:01:27,770 --> 00:01:30,330 The agenda is approved and is circulated. 17 00:01:31,350 --> 00:01:36,870 Next item is the acceptance of the minutes of our June 1st, 2026 meeting. 18 00:01:36,870 --> 00:01:43,370 these minutes were circulated prior to the day's meeting? Are there any errors or omissions? 19 00:01:43,970 --> 00:01:44,170 You 20 00:01:48,010 --> 00:01:52,870 have some phone callers or light just so on. He just turned it off. You're good? 21 00:01:53,270 --> 00:01:54,070 Yeah, that's fine. 22 00:01:56,820 --> 00:01:57,680 Councilor McMahon. 23 00:01:59,780 --> 00:02:05,440 Okay, there being no errors or omissions, I'll declare the minutes approved 24 00:02:05,440 --> 00:02:12,080 as circulated. Item number three on the agenda relates to 29 25 00:02:12,080 --> 00:02:14,020 May I join Patterson Street, Ms. Weiner? 26 00:02:20,780 --> 00:02:21,580 Thank you. 27 00:02:23,320 --> 00:02:28,420 So the purpose of today's meeting for 29 Patterson Street is for the committee to hear the staff report, 28 00:02:28,720 --> 00:02:33,200 hear from the owner and complainants, and make a recommendation if they so choose. 29 00:02:33,720 --> 00:02:37,380 Alternatively, the committee may defer a recommendation to a subsequent meeting. 30 00:02:38,800 --> 00:02:45,360 So this property is a vacant single-family detached dwelling with a residential zoning that recently changed ownership in August. 31 00:02:45,360 --> 00:02:50,300 It was last occupied in 2017 and has remained vacant since. 32 00:02:50,700 --> 00:02:59,320 The property was purchased at tax sale in 2019, sold again in 2023, sold again with the current owner taking possession just this August. 33 00:03:00,340 --> 00:03:06,980 An interior inspection did occur back on November 6, 2024, showing several deficiencies with the building, 34 00:03:06,980 --> 00:03:14,560 including the instructional integrity of the building was compromised, where a portion of the floor joists of the main floor had begun to collapse. 35 00:03:15,880 --> 00:03:22,800 The current owner took possession in August, as mentioned, and intends to demolish both the building and the accessory building. 36 00:03:23,280 --> 00:03:33,620 A follow-up inspection on August 31st confirmed that some exterior work had commenced, including disconnection of the power and removal of some siding from two of the sides of the main building. 37 00:03:34,560 --> 00:03:39,900 The owner had advised that the interior will be gutted by the end of October with demolition to follow. 38 00:03:40,460 --> 00:03:48,540 While a demolition permit application has not been received yet, the owner is aware of the requirement and has indicated that an application will be submitted. 39 00:03:50,780 --> 00:04:02,500 Given the extent of the deterioration, structural concerns and the overall condition of the premises staff are in the opinion that the building is dangerous and would require substantial repairs to be habitable. 40 00:04:03,240 --> 00:04:09,120 The owner agrees that demolition is required and has begun taking those steps to complete the process. 41 00:04:10,080 --> 00:04:19,700 Historically, recommendations for the orders for demolition have provided no more than a 90-day timeline from the date of the meeting in which the order was issued, providing there is no imminent danger precedent. 42 00:04:21,760 --> 00:04:34,900 Following consultation with the property owner's staff are recommending a 100, 180-day deadline for completion of the demolition, as the owner intends to undertake the demolition using non-mechanical methods. 43 00:04:35,560 --> 00:04:40,560 The owner has also indicated that 180 days provides a reasonable time frame to complete 44 00:04:40,560 --> 00:04:41,660 this necessary work. 45 00:04:42,920 --> 00:04:48,420 Just two pictures I'd like to have the community take a closer look at are on page 28. 46 00:04:54,030 --> 00:05:00,310 This is just when we did the inspection, we were only able to walk on the exterior of the 47 00:05:00,310 --> 00:05:03,350 building due to the interior floor collapse as you can see in this picture. 48 00:05:04,070 --> 00:05:08,690 This might be the one of the best pictures that you can see in this collapse, where the 49 00:05:08,690 --> 00:05:16,650 if door frames are not connected to the floor anymore and also on page 34 has a closer 50 00:05:16,650 --> 00:05:23,690 up view of this as well. Again, just the door frames no longer connected and the joys 51 00:05:23,690 --> 00:05:25,730 below have collapsed. 52 00:05:29,800 --> 00:05:32,580 So there will be three options for the planning advisory committee 53 00:05:32,580 --> 00:05:33,900 to consider today. 54 00:05:36,890 --> 00:05:41,370 Option one, I'll wait for it to be on the screen there. 55 00:05:42,050 --> 00:06:02,370 Option one is that the Planning Advisor Committee ordered the demolition of the building and accessory building and any holes backfilled, located at 29 Patterson Street, PID 25025909 within 180 days of the date of this meeting with all work to be completed by the property owner. 56 00:06:02,370 --> 00:06:15,310 Failure by the property owner to complete their acquired work may result in the town of Amers undertaking the demolition and disposal of contents to appropriate solid waste facility or impound yard with all costs incurred to be charged the property owner's tax account. 57 00:06:16,310 --> 00:06:25,310 Option two is that the planning advisor committee directs staff to retain a qualified third party contractor or professional engineer to undertake a comprehensive assessment of the building's condition. 58 00:06:25,930 --> 00:06:41,870 This will include detailed recommendations and cost estimates required to ensure the structure can be properly secured and safe to be accessed by first responders and further that the findings of this assessment be reported back to the PAC with all associated costs to be charged to the property owner's tax account. 59 00:06:41,870 --> 00:06:56,670 And finally, that the option three is that the Planning Advisory Committee direct staff to continue monitoring, monitoring the subject property and to report back to the committee on any new emerging, any new or emerging issues as they arise. 60 00:06:59,200 --> 00:07:03,700 Thank you. Is there any questions from Ms. Wainwright at this point? 61 00:07:07,940 --> 00:07:17,060 Thank you. Is the owner or representative of the owner present and if so, and I'd like to speak with you to come to the podium, please identify yourself please. 62 00:07:17,060 --> 00:07:17,660 So 63 00:07:19,770 --> 00:07:26,670 my name is Cindy McLeod, I've had the property for a little less than six weeks, so I'm getting up to speed. 64 00:07:27,510 --> 00:07:33,630 I understand the property needs to be, the house needs to be demolished and the building as well, and then the property backfilled. 65 00:07:34,590 --> 00:07:40,170 I'm just asking for some time, we've already started undertaking my brothers and Ontario right now or we would be further along. 66 00:07:40,650 --> 00:07:45,310 I did apply for the demolition permit today, I just haven't had a chance to get here. 67 00:07:46,830 --> 00:07:53,390 So, it's in process. I'm just asking for this was a surprise. I received this notice the day I signed for the property. 68 00:07:53,850 --> 00:07:58,830 I was not made aware before I put a bit on the property that it was, I knew it was going to need to be torn down. 69 00:07:59,530 --> 00:08:06,610 Didn't understand that it was at this stage. So, I'm just asking for some time. I agree the house needs to come down. 70 00:08:07,370 --> 00:08:12,770 It's an eye sore, it's dangerous, and I'd like to, the time to be able to proceed. 71 00:08:16,340 --> 00:08:23,500 The report recommended 180 days is set within your timeframe. 72 00:08:23,540 --> 00:08:23,660 I believe so. 73 00:08:23,980 --> 00:08:24,400 I believe so. 74 00:08:24,600 --> 00:08:24,680 Yes. 75 00:08:25,500 --> 00:08:30,840 We do have, it's the two of us and we've torn down more than one structure in our lifetime. 76 00:08:31,220 --> 00:08:32,920 The house isn't terribly huge. 77 00:08:33,700 --> 00:08:38,680 We just, we'd like to salvage some of the material and prevent it from going into solid waste if it doesn't have to. 78 00:08:39,920 --> 00:08:52,280 And, you know, make sure that things are appropriately sorted, so the metal goes to metal, and things like that, I think doing it manually as well will have less of an impact on the neighbors will be a little bit quieter, a lot less messy. 79 00:08:53,240 --> 00:08:59,320 And then, just would really like the chance to do it properly. 80 00:08:59,320 --> 00:09:03,580 Are there any questions that we spoke about? 81 00:09:06,750 --> 00:09:07,630 Thank you very much. 82 00:09:07,910 --> 00:09:08,170 Thank you. 83 00:09:09,250 --> 00:09:10,190 Oh, sorry. 84 00:09:10,450 --> 00:09:10,570 Oh. 85 00:09:12,770 --> 00:09:13,330 Okay. 86 00:09:15,250 --> 00:09:21,150 So appreciate that this is something you're tackling yourself and you've done this before. 87 00:09:21,450 --> 00:09:21,550 Yeah. 88 00:09:21,550 --> 00:09:22,450 As you mentioned. 89 00:09:24,310 --> 00:09:29,210 And so I hope it will be done safely. 90 00:09:29,470 --> 00:09:29,930 I'm sure it will. 91 00:09:29,930 --> 00:09:39,690 So, but my question is, Gus, more to that, you plan to strip some of the materials and reuse them or divert them. 92 00:09:39,750 --> 00:09:40,750 That's really great. 93 00:09:42,710 --> 00:09:51,390 But I guess my question is, as you get closer to having an open structure, what's your sort of safety plan to keep that? 94 00:09:51,690 --> 00:09:57,310 At some point that structure becomes, when the walls and doors are removed, it's easy for 95 00:09:57,310 --> 00:10:00,150 for animals and people and kids to get in there. 96 00:10:00,430 --> 00:10:01,390 What's your plan? 97 00:10:01,630 --> 00:10:02,390 I live at 39. 98 00:10:03,070 --> 00:10:03,310 Okay. 99 00:10:03,530 --> 00:10:04,270 I'm putting cameras up. 100 00:10:04,390 --> 00:10:05,230 I also own 31. 101 00:10:06,130 --> 00:10:07,550 My brother's gonna live there eventually. 102 00:10:08,170 --> 00:10:10,390 So I own 31 as well, which is right in front of it. 103 00:10:11,030 --> 00:10:12,390 Cameras are going up on 31. 104 00:10:13,050 --> 00:10:14,930 I've already bought the fencing to put around 29. 105 00:10:16,110 --> 00:10:16,870 I'm right there. 106 00:10:18,590 --> 00:10:21,710 So you have a plan to put some fencing around it while you're 107 00:10:21,710 --> 00:10:22,070 great. 108 00:10:22,210 --> 00:10:22,590 That's great. 109 00:10:25,390 --> 00:10:26,670 I have any other questions. 110 00:10:29,680 --> 00:10:30,360 Thank you. 111 00:10:30,360 --> 00:10:30,460 Thank you. 112 00:10:30,620 --> 00:10:31,260 Thanks for the opportunity. 113 00:10:37,560 --> 00:10:43,020 Is the complainant or representative of the complainant here today and would they like 114 00:10:43,020 --> 00:10:45,120 to say anything? 115 00:10:49,090 --> 00:10:49,190 Okay. 116 00:10:49,830 --> 00:10:50,410 There's not. 117 00:10:53,470 --> 00:10:57,850 We've been presented with three options by Ms. Wainwright. 118 00:10:58,130 --> 00:11:03,130 Is someone prepared to make an option, a motion to accept one of those options, please? 119 00:11:07,980 --> 00:11:08,500 Councillor Ripley? 120 00:11:08,500 --> 00:11:13,580 put a motion forward that we go with option number one. 121 00:11:14,140 --> 00:11:15,540 It is a PZ. 122 00:11:16,020 --> 00:11:16,720 There's a seconder. 123 00:11:17,100 --> 00:11:18,640 Councillor Teppany Mayor Chambers. 124 00:11:19,360 --> 00:11:19,520 Seconder. 125 00:11:19,980 --> 00:11:20,680 Thank you. 126 00:11:21,860 --> 00:11:24,260 Any questions with respect to the motion? 127 00:11:29,100 --> 00:11:36,620 For the question, all those in favour of accepting the motion, which states acceptance of 128 00:11:36,620 --> 00:11:38,600 option number one, signify by saying aye. 129 00:11:43,440 --> 00:11:44,720 Thank you. 130 00:11:46,380 --> 00:11:52,560 Next item on the agenda relates to 51 York Street in this winery. 131 00:12:00,140 --> 00:12:00,880 Thank you again. 132 00:12:02,640 --> 00:12:07,820 Similar to the first item, we just discussed for 51 York Street, so the committee today 133 00:12:07,820 --> 00:12:13,360 will hear the staff report here from the owner and complainant of present and make a recommendation 134 00:12:13,360 --> 00:12:18,100 if they wish. Otherwise, the committee can defer their recommendation to a subsequent meeting. 135 00:12:19,720 --> 00:12:27,500 A complaint was received in March of 2026 regarding garbage throughout the property and food being disposed of at a second story window. 136 00:12:28,200 --> 00:12:34,480 The initial inspection found extensive deterioration to the building in general, including a collapse rear basement wall. 137 00:12:35,680 --> 00:12:42,440 The building official was then requested the same day to ensure immediate safety for anyone entering the building or the property. 138 00:12:43,380 --> 00:12:47,940 It was determined at that time that a request for an interior inspection was necessary. 139 00:12:49,260 --> 00:13:05,300 That interior inspection was conduct on April 14, along with Amherst Police Department myself and the owner and an occupant, and due to the conditions of the building in order to vacate was issued on April 16, once alternative housing options were provided to the owner. 140 00:13:06,200 --> 00:13:15,140 The owner was also given until May 31st to meet with the building official and myself to discuss their intentions with the building, which the owner did not proceed with at the time. 141 00:13:16,220 --> 00:13:34,780 Several deficiencies were noted during the inspection, including a collapsed portion of the rear basement wall, significant water damage the road, deteriorated and broken windows, inadequate means of egress and accessible bathroom and a lack of operational smoke detectors. 142 00:13:35,460 --> 00:13:41,520 A substantial accumulation of materials and belongings further restricts movement and access to essential facilities. 143 00:13:42,300 --> 00:13:49,680 A heating appliance and evidence of cooking in a confined bedroom and add further fire and life safety risks. 144 00:13:50,940 --> 00:13:56,500 It is in the staff's opinion that the building is severely deteriorated, sorry. 145 00:13:57,280 --> 00:14:02,020 Unsafe and presents a significant risk to the health and safety of any person entering or occupying it. 146 00:14:02,020 --> 00:14:09,540 Given these conditions, staff are in the opinion that the building is dangerous, and when we require an unforeverable number of repairs to make habitable. 147 00:14:12,180 --> 00:14:19,040 The pictures I'd like to focus on are on page 52 and 56, I guess we'll go to 52 first. 148 00:14:19,200 --> 00:14:22,320 So this would be the collapsing rear basement wall from the exterior. 149 00:14:23,040 --> 00:14:29,500 So this was originally found on the initial inspection when we received the original complaint for garbage. 150 00:14:30,380 --> 00:14:38,660 And from the inside, from April 14th, page 56, I know they're not great pictures to see, 151 00:14:38,800 --> 00:14:41,940 but that's the collapse from the inside of the building there. 152 00:14:43,180 --> 00:14:44,780 Again, that's the exterior rear wall. 153 00:14:51,330 --> 00:14:55,550 The three options that are presented at the PAC today is that one, 154 00:14:55,730 --> 00:14:59,910 the Planning and Advisory Committee order the demolition of the building located at 51 York Street. 155 00:15:00,000 --> 00:15:29,700 Fifth, zero, zero, three, zero, nine, six, within 60 days of the date of this meeting with all work to be completed by the property owner. Failure by the property owner to complete the required work will result in the town of Amherst undertaking the demolition and disposal of contents to appropriate solid waste facility or impound year with all costs incurred to be charged the property owner's tax account. Option two is that the planning advisory committee direct staff to retain a qualified third party contractor or professional engineer to undertake a comprehensive assessment of the building's condition. 156 00:15:30,420 --> 00:15:34,580 This will include detailed recommendations and cost estimates required to ensure the 157 00:15:34,580 --> 00:15:38,340 structure can be properly secured and safe to be accessed by first responders. 158 00:15:38,940 --> 00:15:43,900 And further that these findings of the assessment be reported back to the PAC with all associated 159 00:15:43,900 --> 00:15:46,000 costs to be charged to the property under a tax account. 160 00:15:47,140 --> 00:15:51,300 And option three is that the Planning Advisory Committee direct staff to continue monitoring 161 00:15:51,300 --> 00:15:56,080 the subject property and report back to the committee on any new or emerging issues as they 162 00:15:56,080 --> 00:15:56,460 arise. 163 00:15:56,460 --> 00:15:59,400 And at this time, staff will be recommending option ones. 164 00:16:02,900 --> 00:16:03,660 Thank you. 165 00:16:04,020 --> 00:16:06,100 Are there any questions of Ms. Wainwright? 166 00:16:11,300 --> 00:16:14,120 Is the owner or representative of the owner present? 167 00:16:16,220 --> 00:16:17,580 Would you care to speak, sir? 168 00:16:21,250 --> 00:16:24,690 If you go to the poll, would you, if you would like to speak, sir? 169 00:16:28,260 --> 00:16:29,420 Okay, fine, thank you. 170 00:16:31,240 --> 00:16:35,340 Is the complainant or representative of the complainant present? 171 00:16:35,340 --> 00:16:36,300 Would 172 00:16:41,480 --> 00:16:45,340 someone like to make a motion with respect to one of the options that we're presented 173 00:16:45,720 --> 00:16:46,320 here today? 174 00:16:52,130 --> 00:16:52,270 Yeah. 175 00:16:58,240 --> 00:17:03,920 I just had a question of a, so an order to vacate was issued and it says, kind of, progress 176 00:17:03,920 --> 00:17:04,960 was made. 177 00:17:05,860 --> 00:17:12,180 I'm just wondering if, kind of, we've exhausted all options here before demolition. 178 00:17:20,240 --> 00:17:24,920 So the progress was in regards to a garbage order on the exterior of the property. 179 00:17:24,920 --> 00:17:31,040 So we issued a garbage order on April 9th the day after the initial site visit due to 180 00:17:31,040 --> 00:17:35,300 the accumulation of garbage and other contents on the exterior of the property. 181 00:17:36,560 --> 00:17:39,600 The owner did work away over the months to clean that up. 182 00:17:39,740 --> 00:17:42,820 We ultimately couldn't wait any longer and we did do. 183 00:17:43,100 --> 00:17:52,900 We finished the cleanup on July 29th after we hadn't received any more communication from 184 00:17:52,900 --> 00:17:53,240 the owner. 185 00:17:53,800 --> 00:17:58,820 So the progress wasn't necessarily on the structure, it was on the exterior contents. 186 00:17:59,480 --> 00:18:01,480 There's a few orders that were issued on the property. 187 00:18:02,860 --> 00:18:04,080 So you have to follow up? 188 00:18:04,340 --> 00:18:10,380 Yeah, I guess it was it clear at that time that it was a, you know, there were structural 189 00:18:10,380 --> 00:18:12,100 problems and whatnot. 190 00:18:12,720 --> 00:18:13,400 Yes, yeah. 191 00:18:13,480 --> 00:18:15,240 When did the initial site visit on April 8th? 192 00:18:15,240 --> 00:18:23,020 That's when I first saw the exterior collapse in the building and that's the day we, so 193 00:18:23,020 --> 00:18:35,020 So the following day on the 9th, we issued the notice to enter and issued the garbage order for the exterior contents, and we also had the building inspector on site the day of the initial site visit as well, which was April 8th. 194 00:18:35,820 --> 00:18:36,300 Okay. 195 00:18:39,520 --> 00:18:40,380 Any further questions? 196 00:18:41,360 --> 00:18:41,840 Okay. 197 00:18:45,000 --> 00:18:45,340 Absolutely. 198 00:18:46,120 --> 00:18:53,260 And you said there's been no talks about the owner doing any work to the building at all. 199 00:18:54,380 --> 00:18:59,220 Not yet, I think I've never been given a definitive answer either way, but I think they 200 00:18:59,220 --> 00:19:05,540 realize the extent of the deficiencies, and it's a huge undertaking, of course. 201 00:19:07,830 --> 00:19:14,770 And just to put that, we also issued an order to meet with us by May 31st, as I mentioned, 202 00:19:15,010 --> 00:19:16,210 and we haven't done that. 203 00:19:16,390 --> 00:19:21,070 And I mean, if they would have came to us a little bit after we don't have that hard set 204 00:19:21,070 --> 00:19:25,690 for 31st, but it was also if you don't meet with us by May 31st, it will be going to 205 00:19:25,690 --> 00:19:33,030 PAC for demolition. So this was the closest PAC meeting since then, because it would 206 00:19:33,030 --> 00:19:34,090 have missed the June cutoff. 207 00:19:36,180 --> 00:19:37,020 Okay, so Chambers, 208 00:19:40,180 --> 00:19:43,440 there's no one in their tallies or nobody's squatting in there. 209 00:19:44,320 --> 00:19:49,340 The order of AK was issued and we don't have any other methods of assuming there was anyone 210 00:19:49,340 --> 00:19:54,120 in there because there's no water consumption, we don't get a water consumption because there's 211 00:19:54,120 --> 00:19:57,980 no access to water facilities in the building, and as usually how we can tell if someone's in 212 00:19:57,980 --> 00:20:04,680 the building. But as of, I'm assuming the date of the order to vacate that it would 213 00:20:04,680 --> 00:20:05,440 have been vacated. 214 00:20:06,500 --> 00:20:10,720 Thank you. Any other questions? Someone's here to make a motion. 215 00:20:22,140 --> 00:20:22,600 Mr. Ripley? 216 00:20:23,260 --> 00:20:24,800 Make a motion to go out to number one. 217 00:20:25,320 --> 00:20:26,760 Here. They're seconded for that. 218 00:20:29,110 --> 00:20:29,810 Mr. Hammond. 219 00:20:31,250 --> 00:20:32,570 I second that motion. 220 00:20:32,570 --> 00:20:37,360 Any questions with respect to the motion? 221 00:20:40,820 --> 00:20:41,220 Is there a repeat? 222 00:20:44,110 --> 00:20:44,310 Okay. 223 00:20:45,310 --> 00:20:52,990 It's been moved and seconded that we accept option number one as presented by the staff. 224 00:20:53,810 --> 00:20:54,570 All those in favour? 225 00:20:55,030 --> 00:20:56,050 Signify by saying aye. 226 00:20:57,750 --> 00:20:58,090 Contrary. 227 00:21:00,220 --> 00:21:01,000 Motion accepted. 228 00:21:01,680 --> 00:21:02,020 Thank you. 229 00:21:04,340 --> 00:21:11,240 Next item on the agenda relates to a variance at $69 lower of a plan. 230 00:21:11,240 --> 00:21:13,060 Thank you, Mr. Chair, 231 00:21:22,110 --> 00:21:28,390 so it's standard practice when staff issue a variance that we report that variance to the playing advisory committee. 232 00:21:28,830 --> 00:21:37,630 This is really an information item for now, but the intent is to sort of review what was the variance that was issued. 233 00:21:37,830 --> 00:21:46,930 And sometimes it leads to identifying something, I needed amendment to the land use by law or something of that nature. 234 00:21:47,630 --> 00:21:55,430 In this case, in August 11th, we issued a staff issue to 7.5% variance to the minimum 235 00:21:55,430 --> 00:22:01,790 lot area requirements at $69.00 per plant street to permit the construction of a nine-unit 236 00:22:01,790 --> 00:22:02,950 apartment building. 237 00:22:04,390 --> 00:22:10,090 That, and I'll get into it, but that variance was appealed to Council and the hearing is scheduled 238 00:22:10,090 --> 00:22:13,030 for Thursday, September 17th, 430. 239 00:22:13,030 --> 00:22:22,130 so following that council can at the hearing council will hear from staff and then from 240 00:22:22,130 --> 00:22:28,350 the appellant and the property owner and they can make any decision that the development 241 00:22:28,350 --> 00:22:33,150 officer could have made. So staff will come back with that and update the committee once 242 00:22:33,150 --> 00:22:41,350 that's over. But I'll just go into a little bit of detail what the details of what was applied 243 00:22:41,350 --> 00:22:47,210 slide four. Next slide please. So as I mentioned this is 69 over 244 00:22:50,120 --> 00:22:51,720 the planch and you can see 245 00:22:51,720 --> 00:22:56,400 it identified in red on the screen it's when you're coming into town off of lower 246 00:22:56,400 --> 00:22:59,800 the planch it's the first street on your right. 247 00:23:03,110 --> 00:23:04,910 Bear with me for one second. 248 00:23:07,030 --> 00:23:07,670 Oh, okay. 249 00:23:07,670 --> 00:23:17,630 So the proposal was for a nine unit apartment building that it met the parking and 250 00:23:17,630 --> 00:23:19,010 manatee space requirements. 251 00:23:21,150 --> 00:23:28,250 The minimum lot area required was 1350 square meters. 252 00:23:28,990 --> 00:23:36,130 The total lot area was 1250 leaving a shortfall of 100 square meters or about a thousand 253 00:23:36,130 --> 00:23:39,450 the square feet, representing a 7.5% variance. 254 00:23:40,830 --> 00:23:45,670 Next slide, I'll just to show you, this is the site plan. 255 00:23:45,910 --> 00:23:51,010 So hopefully you can tell the rectangle near slower in the plan street. 256 00:23:51,170 --> 00:23:51,910 That's the building. 257 00:23:52,690 --> 00:23:56,530 It has the entrances and stairwells are exterior. 258 00:23:57,170 --> 00:23:58,770 And you'll see that in the next diagram. 259 00:23:59,560 --> 00:24:05,850 It has a driveway entry way and exit on both sides of the building in 14 parking spaces at the rear. 260 00:24:05,850 --> 00:24:15,910 here. Next slide. So the elevation on the left side would be the, those are the entrances 261 00:24:16,570 --> 00:24:22,970 to the units. The west elevation on the right, that would be looking at the rear of the 262 00:24:22,970 --> 00:24:28,370 building. Next slide. This would be looking from low-plant 263 00:24:28,370 --> 00:24:35,630 street on the left elevation and the east elevation on the right would be your view from 264 00:24:35,630 --> 00:24:39,090 lower the plant tree, big slide. 265 00:24:39,970 --> 00:24:45,310 So as I mentioned, the variance process, the Municipal Government Act, where it's provided 266 00:24:45,310 --> 00:24:52,150 for in the land use by law, allows the development officer to grant a variance for specific things. 267 00:24:52,810 --> 00:24:59,570 Those include the lot area, the frontage, the minimum yard setback requirements, the number 268 00:24:59,570 --> 00:25:03,110 of parking spaces required, building height, et cetera. 269 00:25:03,110 --> 00:25:08,270 Those are provided for in our land use by-law under section 3.12. 270 00:25:09,470 --> 00:25:16,790 So under the Municipal Government Act deals with variances in section 235 and it sets the 271 00:25:16,790 --> 00:25:23,850 test for variance and it states it may not be granted, it may not be granted if it violates 272 00:25:23,850 --> 00:25:25,410 the intent to the land use by-law. 273 00:25:25,910 --> 00:25:31,390 The difficulty experience is general to the properties in the area or the difficulty is experienced 274 00:25:31,390 --> 00:25:35,930 experience is the result of an intentional disregard for the landing spot. 275 00:25:36,810 --> 00:25:43,730 So that's a pretty high bar, I think most development officers would tell you that that excludes 276 00:25:43,730 --> 00:25:50,590 any type of variance if you were to really apply the letter of those of that test. 277 00:25:50,590 --> 00:26:01,270 I guess we thought that a seven and a half percent variance to allow three additional units. 278 00:26:01,530 --> 00:26:06,270 To allow a nine unit apartment building here was reasonable. 279 00:26:07,810 --> 00:26:16,070 But frankly, if it was appeal, it was something that Council could look at and set the expectation 280 00:26:16,070 --> 00:26:45,290 of what what council feels isn't an appropriate variance or not so in this case the process is that if if the development officer determines that a variance is warranted or or is approved a notices sent to property owners within 30 meters and provide and that provides 14 days to appeal that decision to council council here's the appeal and they will in the 17th and can make any decision that the development officer 281 00:26:45,290 --> 00:26:49,850 can make which is approve or deny it. 282 00:26:50,250 --> 00:26:55,650 After the appeal hearing on September the 17th at Council, 283 00:26:56,010 --> 00:26:58,230 likely a Council's regular meeting in September, 284 00:26:58,490 --> 00:27:00,290 a decision would be made on the appeal. 285 00:27:02,230 --> 00:27:05,910 So that is where that stands right now. 286 00:27:06,710 --> 00:27:09,670 Happy to answer any questions, but like I said, 287 00:27:09,790 --> 00:27:11,430 there's not really a decision to be made here. 288 00:27:12,050 --> 00:27:22,610 And I think once council makes their determination of appeal, we can have another committee can have another discussion about both the rules and the variants. 289 00:27:24,920 --> 00:27:25,440 Questions? 290 00:27:26,380 --> 00:27:26,820 Madam? 291 00:27:35,780 --> 00:27:50,220 Yeah, I just had a question about what it is that was violated here, is it the size of the building on the lot or the amount of total lot space required for all the parking spots, et cetera, to actually fit on the lot? 292 00:27:50,220 --> 00:27:51,140 Thank you. 293 00:27:51,140 --> 00:27:52,020 That's a good question. 294 00:27:52,300 --> 00:27:59,160 So the way we regulate density, if you will, in a lot is we require a certain, a minimum 295 00:27:59,160 --> 00:28:02,480 lot area for every unit, dwelling unit that's proposed. 296 00:28:03,220 --> 00:28:10,940 So in this case, and the rule is for, in the general residential zone, the first six units, 297 00:28:12,180 --> 00:28:14,820 it's basically 200 square meters per unit. 298 00:28:14,820 --> 00:28:22,580 So six gets you to 1,200 square meters, then every unit above six, it's 50 square meters per unit. 299 00:28:23,160 --> 00:28:25,560 So, you can do the math on that. 300 00:28:26,380 --> 00:28:32,500 He was, that basically says, this is the minimum lottery that will allow for this number of units. 301 00:28:33,280 --> 00:28:36,480 And he, and they were short, so we issued that variance. 302 00:28:36,860 --> 00:28:40,060 And it, it seemed to be because it was the actual rectangular shape. 303 00:28:40,200 --> 00:28:44,240 It wasn't the full, like, there's another patch of grass next to it 304 00:28:44,240 --> 00:28:45,400 that was not part of that. 305 00:28:46,540 --> 00:28:51,580 Sorry, the plan just looked like a pretty small building on a pretty big lot, so I just 306 00:28:51,580 --> 00:28:53,140 wondered what, yeah. 307 00:28:53,820 --> 00:28:57,120 So yeah, to the north of that is not part of that property. 308 00:28:57,240 --> 00:28:57,440 Correct. 309 00:28:58,260 --> 00:28:59,020 And I first looked at that. 310 00:28:59,140 --> 00:29:00,820 It seemed like a really big piece of property. 311 00:29:01,000 --> 00:29:01,140 Right. 312 00:29:01,480 --> 00:29:05,840 No, it's just everything within the bar, the rectangle, if you will. 313 00:29:07,180 --> 00:29:13,420 It doesn't really have a, it really, the minimum lot area requirement, it really is kind 314 00:29:13,420 --> 00:29:16,320 of a density control. 315 00:29:18,360 --> 00:29:20,440 That's the, that's its function really. 316 00:29:21,440 --> 00:29:26,480 Didn't look very dense. Once you had the parking in, yeah. 317 00:29:30,730 --> 00:29:31,730 Any other questions? 318 00:29:39,430 --> 00:29:48,510 If this is approved, will the town do something about the entrance going into there? 319 00:29:48,510 --> 00:29:52,870 because right now you have your 320 00:29:55,270 --> 00:29:58,530 turning into that street and at the same time 321 00:29:58,530 --> 00:29:59,110 and people are... 322 00:30:00,500 --> 00:30:04,020 In to the lane to go either left or right. 323 00:30:06,420 --> 00:30:07,180 Mr. 324 00:30:10,070 --> 00:30:21,310 Chair, if I may. So there's no plan to alter that intersection, particularly because of this development. No. 325 00:30:23,910 --> 00:30:33,410 I think just hearing from some of the neighbors there, there are concerns are the entrance to that street. 326 00:30:33,410 --> 00:30:39,150 and the two signs that the big billboard signs they have, 327 00:30:39,830 --> 00:30:43,350 but I'll leave that up to the presenters, 328 00:30:43,710 --> 00:30:46,890 but I was just curious more or less on the street entrance 329 00:30:46,890 --> 00:30:49,250 because if you leave Frenchies, 330 00:30:53,270 --> 00:30:54,250 your turn, 331 00:30:54,510 --> 00:30:56,570 you have to go left to get in the lane 332 00:30:56,570 --> 00:30:59,890 if you went into Rob's park or went up the plant street. 333 00:31:01,070 --> 00:31:03,770 And at the same time, if you're coming down that street, 334 00:31:03,770 --> 00:31:15,240 your office will turn when that street. It looks like a failure or more there's not a 335 00:31:15,240 --> 00:31:21,120 whole lot of traffic on that street but if you add the extra people going in that street, 336 00:31:22,600 --> 00:31:31,940 it's certainly worth looking at to, yeah, I guess I would, and that's something council can look at. 337 00:31:31,940 --> 00:31:39,720 I guess I would suggest that if that is an issue, that issue exists whether or not this development takes place. 338 00:31:40,560 --> 00:31:45,580 I don't think they have, they're not opposed to the billing. 339 00:31:46,100 --> 00:31:57,820 They just have concerns that the two big signs you can't see by the grant, by that gas station, the two big signs. 340 00:31:57,820 --> 00:32:13,220 You can't see excellent in that street because of those two signs, and then plus with the entrance into that street, one is you're going to be turning it in at the same time and people on the other end are going to be trying to cut over. 341 00:32:14,020 --> 00:32:15,620 But it's something to look at anyway. 342 00:32:16,260 --> 00:32:18,560 We'll leave that up to the presenters for next week. 343 00:32:19,580 --> 00:32:24,120 Just figured that didn't know if our committee would pre-look at that. 344 00:32:24,120 --> 00:32:26,060 Thank you. Any other questions? 345 00:32:30,250 --> 00:32:30,430 Please. 346 00:32:31,750 --> 00:32:35,090 Andrew, was there any... 347 00:32:35,090 --> 00:32:36,170 This wasn't... 348 00:32:36,170 --> 00:32:37,910 We do this, and then it was denied. 349 00:32:39,650 --> 00:32:41,090 I'm trying to do math in my head. 350 00:32:41,290 --> 00:32:43,850 If he was only put two units on the third floor, 351 00:32:44,070 --> 00:32:46,290 would that work out? 352 00:32:47,430 --> 00:32:49,290 Because I know he just kind of boxes them on, right? 353 00:32:49,550 --> 00:32:50,570 That's kind of where my head was. 354 00:32:50,830 --> 00:32:53,090 The math in my head is seeming like it's going to be really close 355 00:32:53,090 --> 00:32:54,030 if he was to do two. 356 00:32:55,230 --> 00:33:10,010 Good question he could do six on that site by right yeah but if you put two two more on top on one side he said at the top three he'd be I wrote it down still over about 50 357 00:33:10,970 --> 00:33:14,210 Slightly over yeah you already did the math 358 00:33:17,700 --> 00:33:19,480 any other comments questions 359 00:33:19,480 --> 00:33:22,990 Thank you, Mr. Fisher. 360 00:33:23,310 --> 00:33:23,430 Thank you. 361 00:33:27,890 --> 00:33:30,870 Next item on the agenda, number six. 362 00:33:32,670 --> 00:33:33,390 Gentlemen, please. 363 00:33:33,890 --> 00:33:34,150 Gentlemen. 364 00:33:35,030 --> 00:33:35,670 Please, thank you. 365 00:33:36,730 --> 00:33:40,650 Related to municipal planning strategy and land use by law amendments. 366 00:33:41,190 --> 00:33:41,670 Mr. Fisher. 367 00:33:50,260 --> 00:33:51,020 Thank you, Mr. Chair. 368 00:33:51,640 --> 00:34:00,880 So the report is really in my, it was in your package, but recently council gave direction to staff 369 00:34:00,880 --> 00:34:23,120 to prepare a report for this meeting of the PAC to define wet sites and where and what is permitted and further define where overnight shelters are permitted in town and hold a public participation opportunity and then make a recommendation to council. 370 00:34:23,120 --> 00:34:33,080 So, in terms of definitions, in the context of addictions, a wet site is commonly known 371 00:34:33,080 --> 00:34:34,800 as a wet house or wet shelter. 372 00:34:35,760 --> 00:34:41,740 It's a residential facility for individuals with chronic substance use disorder, typically 373 00:34:41,740 --> 00:34:48,080 or historically an alcohol use disorder, where residents are permitted to consume alcohol 374 00:34:48,080 --> 00:34:49,380 on the premises. 375 00:34:50,200 --> 00:34:57,060 Given that alcohol is legal, an alcoholic wet site is not specifically regulated by senior 376 00:34:57,060 --> 00:34:57,920 levels of government. 377 00:35:00,430 --> 00:35:06,530 A supervised consumption site often called a safe injection site or an overdose prevention 378 00:35:06,530 --> 00:35:10,530 site involves the consumption of illicit controlled substances. 379 00:35:12,190 --> 00:35:18,970 Approval for these sites require an exemption under section 56.1 of the Federal Control Drugs 380 00:35:18,970 --> 00:35:25,010 and Substances Act, currently there's two of those such facilities operating in Nova Scotia, 381 00:35:25,130 --> 00:35:27,310 one at Halifax, the other in Sydney. 382 00:35:29,630 --> 00:35:35,530 It does not, the exemption does not legalize elicit drug use but provide specific legal 383 00:35:35,530 --> 00:35:40,470 protections for the activities covered under the exemption at the authorized site. 384 00:35:41,070 --> 00:35:47,890 In practical terms, individuals can bring their own narcotics to a supervised consumption facility 385 00:35:47,890 --> 00:35:53,010 with trained staff that can prevent overdoses and provide other supports to those individuals. 386 00:35:54,310 --> 00:35:58,830 Overnight or emergency shelters provide temporary overnight accommodations and 387 00:35:58,830 --> 00:36:04,750 other basic needs, such as food, showers, and other supports for those experiencing homelessness. 388 00:36:06,770 --> 00:36:12,110 So those are sort of the definitions that staff have come up with so far. 389 00:36:12,110 --> 00:36:12,110 are. 390 00:36:14,370 --> 00:36:22,530 Under the current planning documents, all those definitions are not included in those 391 00:36:22,530 --> 00:36:28,390 planning documents. We don't define them. And particular, you know, depending on the 392 00:36:28,390 --> 00:36:34,510 particular, particulars of a specific proposal, shelters are permitted in the downtown commercial 393 00:36:34,510 --> 00:36:38,670 commercial zone, the highway commercial zone, and institutional zones. 394 00:36:40,410 --> 00:36:58,210 Given that the controlled substances are illegal, staff of the opinion that a development permit could not be issued for a supervised consumption site unless they provided an exemption under that the Federal Control Drugs and Substances Act. 395 00:37:01,240 --> 00:37:10,560 So further to the direction of council, we have pushed out the PAC meeting that would 396 00:37:10,560 --> 00:37:15,480 have been scheduled for October 5th so that we can hold a public participation session 397 00:37:15,810 --> 00:37:16,860 at that time. 398 00:37:19,240 --> 00:37:29,920 So what the intention is to bring these definitions forward as draft definitions for 399 00:37:29,920 --> 00:37:32,520 or an eventual amendment to our planning documents, 400 00:37:33,420 --> 00:37:37,140 as well as a, you know, I guess a discussion 401 00:37:37,140 --> 00:37:42,020 or some context around where they might be regulated 402 00:37:42,020 --> 00:37:45,720 or located, but really it will be, 403 00:37:46,380 --> 00:37:48,480 I guess staff's intention is to sort of say, 404 00:37:49,220 --> 00:37:51,220 these are the definitions of these things, 405 00:37:51,620 --> 00:37:53,260 these are where they're permitted now, 406 00:37:53,860 --> 00:37:55,960 you know, what's the public input around, 407 00:37:56,180 --> 00:37:58,040 where they think they should be located 408 00:37:58,040 --> 00:38:07,000 are not located. An important point under the Municipal Government Act is that the municipalities 409 00:38:07,000 --> 00:38:14,440 have the authority to control where things are or control the conditions around them, but they're 410 00:38:14,440 --> 00:38:20,420 not allowed to just prohibit them at right. They need to be permitted somewhere within the municipality. 411 00:38:20,420 --> 00:38:26,940 So, that will be the challenge, but we want to hear from the public on it, and then 412 00:38:27,880 --> 00:38:35,340 develop a report to the PIC that would take place, I believe, is scheduled for October 413 00:38:35,860 --> 00:38:41,580 20th, and for a consideration of a recommendation to council. 414 00:38:42,860 --> 00:38:47,540 I guess I'll just stand up and was saying that it's important to note that this issue is 415 00:38:47,540 --> 00:38:52,740 about the planning documents, it's not about moving the existing shelter on Prince 416 00:38:52,740 --> 00:39:02,120 Arthur Street. That is a separate issue. As an existing use, which that shelter is, 417 00:39:02,320 --> 00:39:06,420 amendments to the planning documents do not impact the shelter's current operation. 418 00:39:07,060 --> 00:39:17,020 In other words, that location is grandfathered in. So with that, I'll open it up to her. 419 00:39:18,960 --> 00:39:19,640 I 420 00:39:28,890 --> 00:39:37,110 would just like to say that given the situation that had been identified within the community 421 00:39:37,110 --> 00:39:43,130 over the last number of weeks, some of the comments that have been brought forward 422 00:39:43,130 --> 00:39:48,930 to the Planning Advisory Committee with respect to development agreements that have been brought 423 00:39:48,930 --> 00:40:00,690 Before us, this is a very important issue, I think, that the town, town staff, 424 00:40:01,050 --> 00:40:08,410 town planning advisory committee and town council itself have to recognize and deal with. 425 00:40:08,610 --> 00:40:15,610 It's going to be a very intense discussion, I would expect. 426 00:40:15,610 --> 00:40:37,350 The fact that we have a public participation session coming up within the next month, I think it's incumbent for us as the members of the Planning Advisory Committee to certainly listen to the comments that are going to be brought forward. 427 00:40:38,310 --> 00:40:46,990 Any discussions that are going to result from that, again, I refer back to what Mr. Fisher 428 00:40:46,990 --> 00:40:52,770 was talking about with respect to the municipal planning strategy, the land use bylaw. 429 00:40:53,510 --> 00:41:00,590 That will be one of the main guiding points that we as a committee will have to follow. 430 00:41:02,070 --> 00:41:09,590 And I think that we have to be open-minded, but recognize also the importance and the 431 00:41:09,590 --> 00:41:17,350 significance of the issues that have been brought forward both to us, but also what we 432 00:41:17,350 --> 00:41:23,890 see out in the community, whether it's through social media or otherwise. 433 00:41:23,890 --> 00:41:31,550 So, again, I just think that it's very, very timely topic that we will be looking at. 434 00:41:32,330 --> 00:41:38,590 And I think it's fair to say that we look forward to working with staff listening to 435 00:41:38,590 --> 00:41:39,430 the recommendations. 436 00:41:41,370 --> 00:41:49,470 And also consider what the public is going to bring forward and up to over the fifth. 437 00:41:49,470 --> 00:41:53,590 Are there any other thoughts, some chambers, 438 00:41:54,030 --> 00:41:54,850 that familiar chambers? 439 00:41:55,210 --> 00:41:59,510 Just asking, when the bill is going, 440 00:41:59,770 --> 00:42:03,170 but gavels the stain, I love to ask that question. 441 00:42:07,360 --> 00:42:07,560 Fisher? 442 00:42:08,460 --> 00:42:14,340 You can ask the question, the intention 443 00:42:14,340 --> 00:42:19,500 for the new facilities to replace gavels, 444 00:42:19,500 --> 00:42:20,860 which is the nursing home, 445 00:42:20,860 --> 00:42:38,400 that facility will be vacated, I mean I've received no, I guess I can't, that's as far as I can go with, you know, in terms of what I've received no application for a repurposed of that site. 446 00:42:38,400 --> 00:42:38,500 Okay. 447 00:42:40,760 --> 00:42:40,980 Okay, 448 00:42:48,540 --> 00:42:49,040 I'm in. 449 00:42:49,940 --> 00:42:51,860 Yeah, just a question slash comment. 450 00:42:53,000 --> 00:42:55,720 I was talking to a friend that works in housing 451 00:42:55,720 --> 00:42:56,920 over each in Colchester County 452 00:42:56,920 --> 00:42:59,940 and just kind of going over how it works there. 453 00:43:00,220 --> 00:43:02,420 And I just wanted to be kind of briefed on this. 454 00:43:02,680 --> 00:43:06,120 And one thing that they brought up was damp sites, 455 00:43:06,120 --> 00:43:09,020 which is maybe the informal term that they use. 456 00:43:09,760 --> 00:43:12,160 Just wondering if we're defining these sorts of things, 457 00:43:12,160 --> 00:43:14,400 if something like that should be defined 458 00:43:14,400 --> 00:43:19,060 or if that's going to be, you know, suitably covered by the definitions that we use. 459 00:43:19,360 --> 00:43:24,540 Assuming that we're going to be kind of leaning on these definitions for developments in 460 00:43:24,540 --> 00:43:24,820 the future. 461 00:43:27,620 --> 00:43:28,980 It's a great question. 462 00:43:29,800 --> 00:43:35,800 I would say that we're going to, between now and the public participation opportunity, 463 00:43:36,320 --> 00:43:41,820 there's, we'll be doing more research on how, how, is, does, do these definitions cover 464 00:43:41,820 --> 00:43:48,440 all the various uses, because, you know, frankly, staff aren't playing staff aren't subject 465 00:43:48,440 --> 00:43:54,680 to experts on this, and there are a lot of, there are a lot of variations in treatment 466 00:43:54,680 --> 00:44:02,440 centers and what they're called, so we'll try to, from a definition perspective, be comprehensive 467 00:44:02,440 --> 00:44:09,820 in covering all of those sort of variations in those types of facilities. 468 00:44:13,220 --> 00:44:20,920 Thank you. In the other thoughts, questions, comments? Okay, thank you very much, Mr. Fisher. 469 00:44:21,560 --> 00:44:24,600 We look forward to the meeting on October the 5th. 470 00:44:30,760 --> 00:44:33,580 Okay, there being no other items on the 471 00:44:33,580 --> 00:44:37,160 agenda. Thank you. Chair in the meeting. Thank you very much.