A series of variances requested for a six-storey apartment building a stone's throw from Princess Margaret Secondary School was approved on July 15 by Penticton council despite opposition from nearby residents.
In a 3-1 vote, the project at 172 Green Ave. received council approval, specifically for variances that would increase the amount of parking and balcony space in the building.
Despite negative reception from residents in the area, which led to the vote being deferred from a previous council meeting to gather more information, the project was set to go forward regardless due to provincial legislation.
The project is located within the 100-metre radius designated as a Transit-Oriented Area by the province due to the proximity of the transit route junction at the nearby Walmart. Under that designation, properties in the radius are required to allow up to six storeys and do not require any parking.
"The province was very clear that they basically said that we could not restrict that maximum height and the floor area through our zoning power," said Blake Laven, the city's manager of development services. "This proposal is our first proposal that is taking advantage of these new transit-oriented area regulations that the province wanted to see in these areas that were close to transit areas."
The variances that were being requested included reduced setbacks that would allow for ground-floor parking stalls, to have more small car spaces than normally allowed and increased lot coverage.
Coun. Campbell Watt raised the question of why the project was coming to council when they couldn't actually restrict the project's density at all due to the provincial legislation.
While the issues of heights and densities were addressed when the city updated its zoning bylaws to meet the new provincial requirements, they had missed the lot coverage issue, which staff said they would take care of in future housekeeping.
"It is something we have flagged, and we don't want to ask you to consider something, but then say you have to approve it," Laven said. "It's an uncomfortable position for everybody in the room."
Watt thanked Laven and the staff for bringing the updated information and clarity to what the vote would actually mean for the project.
"What I believe many residents have understood is that by saying no to the variance, or being generalized about saying no, that the project won't happen," Watt said. "Ultimately what you've shown today (is) that a six-storey building can be built no matter what, just with less parking."
Coun. Gilbert echoed Watt's sentiment and reiterated that the decision from council would effectively be about whether residents of the project would have to park on Green Avenue or off the street and in the building itself.
Coun. Jason Reynen, the sole voter against the variances, stated that he had spent time sitting down and talking with the residents in the area and that he couldn't support the project because he felt it didn't suit the area.
The staff presentation noted that down the street, BC Housing would be building a 12-storey apartment with the Skaha Assembly Redevelopment project, and further down Skaha Lake Road another high-rise had also recently been approved next to the existing Skaha Towers.
Reynen added that residents in the neighbouring buildings also expressed concerns about their insurance due to the variance to allow for extended balconies.
Laven responded to that concern by stating that the project met building code requirements and that consulting the fire department on fire risks was part of the technical review for the proposal, but that he couldn't comment on the thought process of insurers.
Coun. Ryan Graham was not present for the council meeting or the vote and sent his regrets.
