Applicant; Gary Callahan
Property location; 7A Justin Ave
Land Use Zone; Residential Multi Unit (RMU)
Proposed Development; 1 – Discretionary Land Use – Plex Housing (5.6.11) on 7A Justine Ave
2 – Variance – Lot Frontage From 30m to 29m (Using 3.33% Variance)
In accordance with Section 2.4.4 of the Town Development Regulations, the public is invited to submit written comments regarding this application. All input is public information and will be considered by Council when a decision is made about the application. Written comments must be received by the Town prior to August 23, 2023
Provide comments to; Town of Happy Valley Goose Bay, PO Box 40, Stn B, A0P 1E0. Email; muntech@townhvgb.com or drop off at the Town office, 212 Hamilton River Road. (For more information contact Municipal Technologist at 896-3321).
1) Discretionary Land Use
Section 5.6.11 of the Development Regulations defines Plex Housing (3-plex and 4 plex Residential Buildings) as:
A 3-plex and 4-plex is a building with 3 or 4 self contained dwelling units where each unit has exterior entrance and there is no shared interior access. While the building may appear to be like an apartment building, there is no shared interior access to each unit. Generally, the building has one owner and the individual units are rented (the owner might live in one unit); however, if the units are to be owned separately, then the development by must
comply with the Condominium Act, 2009
Conditions:
(1) Must meet Use Zone Site Development Standards and conditions;
(2) Three- and Four-Plex housing can be arranged either vertically so that dwellings may be placed over
others, or horizontally so that dwellings may be attached at the rear as well as at the side;
(3) Mandatory front façade;
(4) Council shall review this type of development to ensure:
- the type, scale, massing, and design of the development is generally appropriate to the neighbourhood;
- preservation of side/back/front yards for public safety and amenity requirements;
- Building line setbacks shall conform to the existing development pattern; and,
- adequate provision is made for light, privacy, and amenity.
(5) Acceptable site layouts for 3-plex and 4-plex:
- Preferable development would be only two dwelling units deep on a lot with each dwelling unit having a front on the street
- Alternatively, to accommodate the existing large lots size found throughout the Town (30 m x 60m), a plex development may be considered for dwelling units deep provided the end unit facing the street would be the front façade and entrance. This will enhance street appeal and provide much needed affordable housing.
2) Variance
2.3.1 Variances
Where the proposed development does not comply with the development standards set out in the zone
it occurs as set out in these Regulations, Council may, in its discretion, vary the applicable development
standards to a maximum of 10% if, in Council’s opinion, compliance with the development standards
would prejudice the proper development of the land, building, or structure in question or would be
contrary to public interest. (Note that the 10% is stipulated in the Minister’s Regulations in Appendix 2
and cannot be amended by Council).
Council shall not allow a variance from development standards set out in the zone as set out in these
Development Regulations if that variance, when considered together with other variances made or to be
made with respect to the same land, building, or structure would have a cumulative effect that is greater
than a 10% variance even though the individual variances are separately no more than 10%.
Council shall not permit a variance from the development standards where the proposed use would
increase the non-conformity of an existing development or would result in the creation of nonconformity
of any existing legal development.
Where Council is to consider a proposed variance, Council shall give written notice of the proposed
variance from development standards to all persons whose land is in the immediate vicinity of the land
that is the subject of the variance and allow a minimum period of seven (7) days for response.