'It's about pure profit'; Stouffville residents fight big change to neighbourhood

Fairpark Homes is attempting to convert two lots into five on William Street

Yorkregion.com
Sept. 30, 2019
Simon Martin

When Shelley Mogdan first saw William Street in Stouffville, she fell in love. Big trees, unique heritage homes and that quiet feel. She moved to the end of the dead-end street with her family in 2010 and hasn’t regretted it.

But last year something happened that threw the future look and feel of the street up in the air. Fairpark Homes bought the bungalows on 118 and 132 William St. for $1.75 million and $1.2 million and is now proposing to tear them down and erect five homes in their place. That’s the whole side of the block.

“It was heartbreaking for us,” Mogdan said.

It seemed like a done deal. All Fairpark Homes needed was several minor variances from the town’s committee of adjustment.

Mogdan and a group of residents from the neighbourhood fought the proposal earlier this year, but it seemed like a long shot, especially when the town planning department recommended that the minor variance be approved by the committee of adjustment because it represented modest intensification in an established neighbourhood. It fit the town’s desire for infill development.

Fairpark asked for minor variances for minimum lot frontage of 14.8 metres where the bylaw requires 18, minimum interior side yard setbacks of 1.2 metres where the bylaw requires 1.5, a maximum lot coverage of 40 per cent where the bylaw permits 35, maximum building length of 23 metres where the bylaw permits 19 and a minimum front yard setback of 5.3 metres where the bylaw requires 7.5.

Mogdan said if Fairpark had simply gone for four homes no minor variances would have been needed.

“It’s about pure profit,” Mogdan said. “They could have easily done four homes.”

The committee of adjustment rejected the minor variances in April because the proposed development was not appropriate for the neighbourhood and for the residential use of land.

Denied by the committee of adjustment, Fairpark appealed the decision to the Local Planning Appeals Tribunal, which heard the matter Sept. 17.

Town council voted in a closed meeting Aug. 27 not to defend the committee of adjustment ruling at the tribunal, which left Mogdan and residents to defend the matter on their own.

“We were disappointed by their decision,” Mogdan said.

An accountant by trade, Mogdan was in the position of being up against lawyers from the biggest law firm in the world, Dentons, for the appeal.

“If the zoning is allowed to be changed, the unique character will be lost,” Mogdan said. “These variances are too large to be considered minor.”

Mogdan said she is worried this case could set a precedent for future developers going into older neighbourhoods.

“They have made no attempt to preserve any of the trees (in their proposal),” Mogdan said. “There are number of mature trees on the properties.”

Neighbourhood resident Beate Barnett was appalled when she heard of the application.

Originally from Germany, Barnett has lived in the neighbourhood north of Main Street for 35 years.

“I realize we will never have history if we continue to do what we are doing,” she said. “It disturbs the whole neighbourhood. Trees will go. It takes 100 years to grow a tree. I find it disrespectful.”

Ward 4 Coun. Rick Upton has been in touch with Mogdan and other concerned residents during the process.

“It’s understandable they are concerned about the neighbourhood,” he said.

The proposal is relatively unprecedented.

“It’s the first time five houses have gone up,” Upton said. “Will it happen more? Yes, it probably will.”

That’s because the town has direction from the province for more intensification, including infill development, Upton said.

“Their area is prime for infill,” he said.

Although the tribunal hasn’t delivered its decision on Fairpark’s appeal, Mogdan was not overly optimistic.

The whole process has left her a little jaded.

“I feel like it is very stacked against the homeowner,” she said. “Unless you have unlimited resources you are really up against it.”