Several developers and property owners in Halifax have formed a group with the aim to change a land use bylaw they say is unfair.
“It’s hindering rural development and you know, we’ve been oppressed in this area for a very long time,” said Kim Young, a member of the nascent Save Rural HRM group and co-owner of Berkshire Developments.
The issue is with the requirement of public road frontage of 100 feet (30 metres) or more for properties 25 acres and larger.
The province allows lots of those sizes to be made without going through the municipal review policy, according to Bob Bjerke, the municipal government’s chief planner and director of planning and development.
However, in order to develop the land the owner must abide by the municipal land use bylaw requirements.
Some homes only have private road frontage; a public amount is necessary to allow access for service and safety. It also prevents residents from potentially installing a gate, for example, and cutting off access to neighbouring homes.
George Hornmoen said he bought a property in Lower West Jeddore, N.S., in 2008. He spoke to a builder this year to build a second home there, but was told the municipality isn’t allowing developments for his type of lot, which is on a private road.
Young said several others are running into the same situation because the municipality is enforcing a part of the bylaw few know about.
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The rule has been in place since 1996 and over the past 10 to 11 years, there have been nine lots that were improperly approved for permits, furthering the confusion.
“Those are ones that we wouldn’t issue today, and we’ve tightened up our review processes because these really aren’t things that we should have been issuing,” he said. “We’re in better shape to make sure that the standards that are present in the municipality are here, too.”
About 20 people have approached the municipality with concerns about the rule, he added.
Young said this is an issue that’s likely going to impact hundreds of people.
“We can’t do that emergency meeting and just flick a switch,” said David Hendsbee, councillor for Preston – Chezzetcook – Eastern Shore.
He asked for a staff report on the matter in April and was expecting it in July, but said staff needed more time. It’s now expected to be done in the fall.
Hendsbee said he supports either clarifying or modifying the rule–depending on what the staff report delivers–though it would take a significant amount of time to implement the changes even if they were decided today.
“What we want to do is encourage rural development where possible and when possible and these large rural estate lots are a great way to preserve and conserve the nature of the area,” he added.
Bjerke said it’s important that home buyers get the best information about a property and its potential uses before purchasing, something available “quite easily” via the municipal government.
A meeting hosted by Save Rural HRM is being hosted at Old School Community Gathering Place in Musquotdobit Harbour starting at 6:30 p.m., which Bjerke said municipal government workers are set to attend.
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