Multiple councillors and the mayor asked if there were options the city could use to gather a higher density bonus fee from the developer, or require more affordable housing units, but staff said that was not possible.
Municipal lawyer John Traves said the municipal planning system is not set up to be disciplinary.
“As much as I’d like to find a way around it, I haven’t been able to,” Traves said.
The case is now before courts, which will decide if a fine should be issued.
The key thing is that this is disciplinary and after the fact.
Some municipalities in other provinces do have provisions for extras floors to be permitted beyond regular zoning in exchange for a number of lower cost dedicated accessible units throughout the building that have covenants restricting them to tenants or owners (in the case of condos) with disability certificates.
This model has been successful in creating lower cost affordable and integrated housing for persons with disabilities.
However, it’s intended to function as an incentive, with accessible units designed in on each floor in exchange for more floors. It’s not a remediation.
It doesn’t work like that:
The key thing is that this is disciplinary and after the fact.
Some municipalities in other provinces do have provisions for extras floors to be permitted beyond regular zoning in exchange for a number of lower cost dedicated accessible units throughout the building that have covenants restricting them to tenants or owners (in the case of condos) with disability certificates.
This model has been successful in creating lower cost affordable and integrated housing for persons with disabilities.
However, it’s intended to function as an incentive, with accessible units designed in on each floor in exchange for more floors. It’s not a remediation.
The point is the floors were illegally built, and are subject to destruction regardless if a fine is imposed or not.
I’m just offering seizure as an alternative to destruction.