One of Banff’s most vocal politicians has taken a swipe at the Town’s planning department and Municipal Planning Commission over what she sees as excessive granting of major variances for developments in town.
The issue has been brewing for Councillor Leslie Taylor for quite some time, but a recent MPC decision to grant a major variance under the Land Use Bylaw (LUB) on the size of an accessory dwelling on Muskrat Street irked her.
“If the planning department or the MPC believe that accessory dwellings in duplexes should be permissible to a maximum of 130 square metres rather than the present 65-sq m, then by all means propose a bylaw amendment to council,” she said.
“But don’t double the size that’s permissible and call it a minor variance. And don’t say that it meets the variance test while neglecting to mention the clauses that it does not meet.”
Taylor has given notice she intends to bring forward a motion at council’s April 8 meeting that would dictate reports to a development approving authority include clause 4.7.1 of the LUB – the so-called variance test.
She also wants to see a description of how a proposed variance does or does not meet each and every sub-clause of 4.7.1.
Randall McKay, Banff’s manager of planning and development, said the Town of Banff is lucky to have section 4.7.1. in the bylaw, but there has to be the ability to use discretion from time to time.
“We all wish the world could be more black and white, but it isn’t. Every application has to be looked at on its own merits,” he said. “There are occasions that a variance in the context and merits of the application are deemed worthy.”
Taylor said the LUB is arguably the most fundamental bylaw in Banff, and perhaps even more so than for other communities because of Banff’s finite land base and responsibility as a national park townsite.
“That is why our Land Use Bylaw is developed through such a stringent process, with so much public input and so much careful attention at the council table,” she said.
“That is why it’s so detailed, because it’s essential that the will of the community, as expressed through the bylaw development process, should be crystal clear to those granting development permits in the future.”
Taylor said the Municipal Government Act requires the Town of Banff to include a clause, 4.7.1 in the LUB, explaining to what degree discretion may be exercised in interpreting the bylaw.
She said the language in this clause is strong, with proposed variances required to meet all tests A, B and C, plus at least one of tests d and e.
“This clause is not a buffet, it is a set menu. One does not get to pick which parts of it one chooses to comply with,” she said,
“In deciding whether a variance is to be granted, we don’t get to say – ‘it meets A and C, and it seems like a good idea, so here’s a variance’.”
