The Panel welcomed Mr. Greg Kirby to the meeting to discuss his application to build a single-detached dwelling at 41 Bannerman Street. The subject property is currently a vacant lot located in Heritage Area 3, the Residential Downtown District of the St. John’s Municipal Plan and is zoned Residential Downtown (RD).
Mr. Kirby objected to Mr. Kindervater having any involvement in this decision as Mr. Kirby, in his capacity as a lawyer, has represented parties involving Mr. Kindervater's business.
Being aware of the staff recommendation to include a condition of approval to "add a door to the front facade facing the street...." his objection to this condition was noted for the following reasons:
- The Decision Note re: Doors and Garage Doors and supporting table (Heritage Areas Standards) as a tentative agenda item does not suggest there is any requirement to have a door at the front of the facade.
- Prior to beginning this process, three meetings were held with staff of the City's Planning, Engineering and Regulatory Services Department where his notes indicate that a side entrance was acceptable.
- His letter of approval dated August 19, 2019 makes no reference to the front door on the side, as proposed, was not acceptable, nor was he made aware that the matter required referral to the Built Heritage Experts Panel.
- It was only upon receipt of an email dated October 8th was there any issue with design.
- As demonstrated in the pictures provided, there are multiple properties throughout the City in Heritage Areas where doors are located at the side of the structure. i.e. there is no consistency in the application this requirement.
Mr. Kirby indicated that, based on the foregoing, he has entered into a purchase and sale agreement for property at the rear, which, if approval is not granted will likely result in litigation initiated by the seller. He expressed frustration that he has acted in good faith, based on the information presented to him, yet the City appears to be changing the rules, delaying the finalization of approval.
The Chair asserted the following:
- The Decision Note re: Doors and Garage Doors has been a tentative agenda item since May, but one that the Panel has not yet had the opportunity to debate. While identified on the agenda as a tentative item, the Panel has agreed that it will not be the topic of today's meeting.
- The mandate of the Panel, as set by Council, is to provide advice and put forth recommendations to Council in an effort to retain a heritage culture in designated heritage areas.
Mr. Kirby was thanked for his presentation and retired from the meeting at 12:56 pm.
The Panel discussed the alleged "conflict of interest" claim against Mr. Kindervater. The Panel reviewed the Terms of Reference and agreed that the allegation appears to be unfounded. However, in the interest of moving the application forward without delay, Mr. Kindervater agreed to abstaining from the vote on the recommendation. To that end, and because the abstention results in there not being a majority vote, the Panel agreed to advance the matter through an E-Poll.