Council allows Boyne St. condo sales unit ahead of zoning approvals

New Tecumseth Free Press July 18, 2013
The proponent of a proposed four-storey, 48-unit condominium building at 67 and 75 Boyne Street currently working through the zoning bylaw amendment process that would permit its construction, has been cleared by council to erect a sales trailer on site, despite objections from the neighbours.
Joyce Findlay, who lives next door to the future condo development questioned council as to why the developer was able to begin selling units when the plan as proposed has not been approved.
“They are selling something that is not yet approved,” said Ms. Findlay. “They are advertising more units per lot area and more height than is currently allowed under the zoning.”
The developer, Aspen Ridge Homes, requires zoning amendments to increase the allowable height from 11 metres to 13, as well to increase the number of units allowed on the 1.4 acre property, from 44 to 48. There’s also a plan of condominium application to work through.
Two detached houses at 69 and 75 Boyne Street have been demolished to accommodate the entire building footprint, which will cover approximately 1.4 acres, and include 42 below grade parking spaces, and 46 ground level spots.
Ms. Findlay wondered how the Town’s planning report could suggest the upsized condo would be a fit in their neighbourhood.
“Well, you may be able to convince some residents that the development is good for the community as a whole, but it might be a bit more difficult to say it’s beneficial to the neighbouhood community as a whole, or to the neighbourhood when you have a four-storey building overlooking your property.”
Eric Chandler, New Tecumseth Director of Planning, said the Town can not stop the builder from marketing the units, regardless of their approval status.
“The risk to advertise the units is totally with the developer,” said Mr. Chandler. “Council is not predicating their approval of the companion zoning amendment. What is ultimately shown in the sales trailer for sale, isn’t up to our discretion. If the developer is showing in the sales trailer certain number of units that aren’t necessarily permitted, that’s again at the developer’s risk. Legally, I would say, you wouldn’t be able to close on any contracts because the units themselves to do not exist at this time.”
A representative of the proponent told councillors that they were not going to be selling the condos “at this point.”
“As far as marketing is concerned, we’re just taking reservations,” he said. “Before we get final approval we have to be registered by Tarion, which is a provincial body. So at this point, we’re just taking expressions of interest and we feel we’d love to have the sales office on site so people can see what the site looks like. Legally, we’re within our boundaries to take reservations.”
On Monday night, Ward 4 councillor Fran Sainsbury called for recorded votes on the request, citing, “I believe that people just want to know where we stand.” It passed 6-1.