PORT HAWKESBURY: Port Hawkesbury Town Council disagreed with a variance denial from the Eastern District Planning Commission (EDPC).
During the regular monthly meeting on Feb. 1, Port Hawkesbury Town Council upheld an appeal launched by Damian Phillips, who is planning to build a two-unit residence at the corner of MacSween Street and White Birch Lane, using shipping containers.
EDPC Executive Director John Bain told council the application was made to vary the R-2 zone requirement in that part of Port Hawkesbury.
“The request is to reduce the side yard requirement from 8.2 feet approximately to 6.5 feet,” Bain said.
Under the town’s land use bylaw, the EDPC executive director said one policy promotes a low-density residential environment in undeveloped areas, another regards encouraging future residential development on an in-filling basis, and the third is to create a diversity of housing options in the town.
“There’s three polices that I looked at, that really support the variance that was being presented,” he noted. “Rather than the variance being in conflict with the intent of the land use bylaw, it’s really supported by the content of the bylaw.”
Noting there were no objections from neighbours, Bain said there has been some site preparation that took place. He said council needs to consider what is unique about the property.
“So basically what we’re looking for is something that is unique about the property that warrants giving a variance. This is the provision that I turned it down on,” he said. “You need to look at the unique circumstances that you, perhaps Mr. Phillips will identify for you, that are in favour of the variance being granted.”
After refusing the variance on Jan. 17, the next day it was appealed, leading to the hearing on Feb. 1, Bain said.
Phillips told council he immediately contacted the planning commission and applied for the variance when he thought he was in violation.
“Last month I was out doing the groundwork in preparation to build. I noticed it looked like it was closer to the side of the property line than it should be. I had a land surveyor come out and she confirmed that it was,” he recalled.
Before he applied for the variance, Phillips said he procured the shipping containers, purchased windows and doors, and took out a mortgage.
Pointing out that he is unable to reduce any parts of the containers since that would compromise their structural integrity, nor is changing the angle an option since it will compromise his view of the harbour, Phillips said the dwelling was laid-out in that manner in consideration of his neighbour as well.
“I would argue that perhaps the lot size itself is not unique, but the actual nature of the build itself is unique,” he stated.
Phillips said the modern design will fit in with plans to develop the waterfront.
“It would be asset to the town and the area in some ways,” he asserted. “It will look pretty cool on the top of the hill overlooking the water and it absolutely fronts the waterfront districts, which I’m told is planned to be quite a vibrant area and quite a vibrant hub of the town. I think this is in keeping with that whole vision. It certainly is in keeping with the Granville Street vibe. I think it would be an asset to that area. People coming in on boats, they could look up in the hill and see that Port Hawkesbury has a so-called urban architectural design.”
Because it can be split into two units, Phillips said the development can provide much needed short and long-term accommodations in the town.
Town councillors agreed with Phillips.
“Personally, I think this would be a nice addition on the hill overlooking the waterfront,” Town Councillor Blaine MacQuarrie said making a motion to uphold the appeal.
After receiving confirmation from Bain that there is adequate parking in the lot for the two units, Deputy Mayor Jason Aucoin gave his support to the appeal.
“We want to think outside the box, we want to find ways to get new housing developments,” he said. “This falls right in that realm.”
“It doesn’t seem to be very difficult that we can’t deal with,” Town Councillor Hughie MacDougall stated. “We’re looking for improvements to the town and growth so I’ll support it also.”
“I’m open to this, it’s a new project, it’s something new in town,” Town Councillor Mark MacIver stated. “To me, this is unique being the first one, this style of home. Hearing that there’s no objections from the closer neighbours, I will be in the support of the variance.”
Before council voted unanimously in Phillips’ favour, Mayor Brenda Chisholm-Beaton agreed this is a unique development.
“I think the 650 survey respondents actively looking for housing in Port Hawkesbury should be considered as a unique consideration with regard to this particular request,” she said.
As a result of council’s decision, Phillips added he will get the foundation blocks in place over the next month, then drop the containers on them in a couple of months, with plans to finish the ground level by the late spring or early summer.
“I’m continuing to be blown away by how great the town is with things like this,” he added.