Fredericton council delays Waterloo Row development

Dozens of Fredericton residents came out to a council meeting on Monday to oppose a proposal to subdivide a property on Waterloo Row, which would create another parcel of land.

The proposal would subdivide 58 Waterloo Row, creating another property, 66 Waterloo Row.

Fredericton city council voted to defer the decision until the next council meeting on June 8, so staff can provide more information on council's authority over the matter.

The property in question was at one time the home of former premier Louis Robichaud and past chief justice Joseph Michaud. It's located within a preservation area.

"It's a beautiful mansion, a beautiful lot, there's no need to cut it up into smaller pieces," said neighbour Mark Jarman, during a presentation to council.

Six people made presentations against the project, including the Fredericton Heritage Trust and a member of the city's planning advisory committee.

Hundreds of people, neighbours and other residents across the city, have rallied against the development, making the case that the modern design of the proposed home would compromise the historical integrity of the area.

Neighbours have also said there's not enough room on the property for a second house and it would block the waterfront view of neighbours. A petition with 799 signatures against the proposal has been sent to city hall.

Ayten and Marc Kranat, the property owners, were at the council meeting, declined to comment. They have said opposition to the project has created a difficult living environment.  

Some neighbours, such as Jarman, flatly disagree.

"The developers seem to think they're victims that were being attacked. But I don't agree with that at all. They're the perpetrators ... the neighbours are the victims, the streetscape is the victim," Jarman said.

Council powers limited

Council was planning to vote on a motion that would determine whether the owners of the property would have to give the municipality eight per cent of the land in the form of cash.

Any time a piece of property is subdivided in Fredericton, the owner must give the city that percentage amount — a public land dedication — in the form of land or cash.

Some rules are meant to be broken ... I think there are some issues that are too important to be cautious.- Coun. Kate Rogers

Under the Municipalities Act, council doesn't have the approval to green light or deny the development. That's left to the development officer, who has already approved the project.

But according to Coun. Kate Rogers, who represents Waterloo Row as part of Ward 11, "some rules are meant to be broken."

"I would say that's a very cautious reading of the legislation and I respect that staff has to advise us with caution, they don't want to expose us. But I think there are some issues that are too important to be cautious," Rogers said.

Council has asked city staff to review the bylaws involved in the situation, including zoning and heritage bylaws.

"Unfortunately, all of this has shown a crack in our heritage bylaws," Rogers said. 

"Staff and council, everyone has recognized that you cannot be applying the same zoning bylaws and requirements to a heritage preservation area that you can to the rest of the city."

But in an earlier vote of 5-4, the city's preservation review board, voted in favour of the design for the proposed new house.Members of the city's planning advisory committee determined last week it didn't have any authority on the development, since the Waterloo Row proposal complies with requirements for a zoning bylaw and is a "as-of-right" development.

"The preservation review board is questioning its thinking on that. I think they felt somewhat restricted by the bylaws ... and re-reading those bylaws, they now feel like they could have voted a different way," said Rogers, who is a member of the board.