William Street development in Stouffville gets green light after appeal

Appeal tribunal rules in favour of developer Fairpark Homes

Yorkregion.com
Dec. 9, 2019
Simon Martin

A half-block of William Street in Stouffville is set to be developed into five homes after the Local Planning Appeal Tribunal ruled in favour of developer Fairpark Homes Dec. 5.  

The developer originally asked for a minor variance that would turn two lots into five. The town’s committee of adjustment turned down the minor variance application, which Fairpark appealed to the LPAT.

Fairpark Homes bought the bungalows at 118 and 132 William St. for $1.75 million and $1.2 million in 2018 and proposed to tear them down and erect five homes in their place.

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

In the LPAT decision, it said Fairpark's proposal reflects the desire for infill development in the town and regional official plans and that the land in question was of sufficient size to accommodate the new houses.

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 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, saying 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 LPAT, 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 was 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. “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.” 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.”

Mogdan said she doesn’t feel like there is really anything left for residents to do.