Monday, September 12, 2011

Good job needs the right tool

My first idea when I heard the height reduction amendment was to apply new rules to new lots and old for old. That would protect views behind empty lots & would suit my needs too or so I thought at the time - I am working in a 20 yr old area with a 1 acre piece of land to create 7 lots.

I dont know if anyone actually did try to work the old4old & new4new idea in to the amendment but it is not there now & I now know why. I have since had much more information on many options. Height has been an active issue for some people in Nanaimo for literally decades. Many ideas have been carefully considered, some tried. The New4new/Old4old idea fails basically because of problems figuring what is new & old. Imagine if the empty lot by you was deemed old and subject to the old rules. That is fine until such time it might be subdivided, then would the 2 new lots be new or old, would 2 lot subdivisions be old and 3 or more new - where do you draw the line and why. Maybe I thought, an "it depends" clause kicks in and the new/old decision goes to a "variance" application and the time, expense & uncertainty associated with that process. The more I try to be selective, the more arbitrary and complicated the solution process becomes. Selective treatment simply was never intended with the "zoning bylaw" tool.

That, in more general terms, is what I have come to realize. The Zoning Bylaw is a tool that does have a specific purpose.

The following is from Page 1 of the Zoning Bylaw:
"WHEREAS the principal purpose of this Bylaw is to guide the natural growth of the municipality in a systematic and orderly way for the ultimate benefit of the community as a whole by ensuring that the various uses made of land and structures in the municipality develop in proper relationship to one another"

I respectfully submit that "guiding growth for benefit of whole" is more about overall efficiency than protecting any specific interest.

Having said that views can be protected. There is a better, more secure way. The owner of a property can agree to limit the height. This limit can be registered on title. It can be enforced against future owners if the property changes hands.

Just like any task - there is a tool and a process best suited to accomplish each. Lets use the right tool for the job and make a good job of each.






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