Garage vote not unanimous
By Craig Westcott
An application to build a garage behind a proposed house on Garden Road resulted in a minor split at CBS council this month because of the building’s proximity to a potential flood zone.
The application was also out of the ordinary in that council is allowing the owner to build the 42′ x 33′ accessory building before a house is built on the property.
Both the house and garage at 145 – 149 Garden Road would be located inside the 15-metre buffer of Billy Brook, a stream that runs from Little Indian Pond to Seal Cove Pond. The Town has designated the brook a Moderate Geological Hazard area.
But that wasn’t why the application needed the discretionary approval of council.
“This garage is larger than the 70 square metres normally (allowed), so it required public consultation,” said councillor-at-large Rex Hillier, who made the motion to approve the garage on condition the property passes a backfill inspection. “We went out for feedback from local residents. There were some concerns, but our staff reached out and settled those. Because the accessory building is being built simultaneously with the house, we require a backfill inspection before the accessory building is started.”
Hillier said more often than not these days people building houses build garages or sheds with them, rather than adding accessory buildings later. Until recently, council wouldn’t approve shed or garage applications unless a dwelling was already in place.
“First when this (practice) started we had some concerns in some of the situations where the garage was being build before the house whether or not there would ever be a house built on the lot,” Hiller said. “So, what we require is the backfill inspection for the house. We’re assuming that if people go far enough to backfill the basement of their new house, they’re going to continue and finish that house. So, in this case, with the inspection of the backfill, we would release a permit for the building of the garage.”
Councillor-at-large Joshua Barrett said he wouldn’t vote to approve it.
“And not for the reasons identified by councillor Hillier, which I appreciate,” Barrett said. “But this property is actually adjacent to Billy Brook and as a Town we have been doing a lot of work over the past couple of years to identify risks in our community, and recently we did this Billy Brook water study, and as it happens the accessory building is located within the 15 metre buffer of the waterway.”
Barrett allowed that from the provincial government’s standpoint, the garage is permitted, if the backlot is filled to create a flood plane buffer.
“But in the same vein, the Province won’t permit a school or any other public building within that 15-metre buffer, because of the associated risk,” Barrett added. “This came to us this evening because of the size (of the garage) and not necessarily because of the waterway, but I’m voting against this motion because I don’t think that’s strong enough for me. I wouldn’t want to see something within that buffer, that’s why I’m voting against the motion.”
Put to a vote, the permit for the garage passed with all but Barrett supporting it.
Council approved the permit for the house last November. After the Town received the application for the garage, it advertised it for public comment and received a written submission from one resident who raised concerns about the garage being used for commercial purposes, as well as derelict vehicles on the property, and flooding in the area.