City foils senior’s bid to build snug digs

Since 1962, Ralph Lingard has, for the most part, called Whitehorse home.

Since 1962, Ralph Lingard has, for the most part, called Whitehorse home.

Now a city zoning regulation is preventing him from having a house he wants built on his own property in Wolf Creek.

Lingard finally got enough money together to find a contractor and fund the construction of a new 42.1-square-metre (460-square-foot) home. It would cost him just $48,000.

Now, the 75-year-old has learned a building permit won’t be issued by the city until the dwelling is at least 60 square metres (645.6 square feet).

“I’m stuck between a rock and a hard place,” he said in an interview Monday.

He has relied on wood heat for the last few years and suffers from a heart condition that makes it harder for him to get around and do household chores like chopping firewood. Lingard began looking into getting hydro and a septic system in place.

When he investigated fixing up his older house for the new services with his contractor, he learned it would be more economical to start from scratch and build an entirely new structure rather than try to fix up the old one, he said.

With that, the contractor came up with plans that would give Lingard the modest home on his own property. As Lingard noted, he wants a place that he can easily maintain and heat that will stay warm.

Along with the hydro and back-up wood heat, the new house would have six-inch insulated walls and other features to retain heat inside.

At his age, he said, he needs his place to be toastier than it has been in the past.

“My place has to be warmer than anyone else’s,” he said, pointing to his health issues.

When his contractor took the plans to the city to get the proper permits, he learned the house would have to meet the minimum ground floor space of 60 square metres outlined in the zoning bylaw for the Country Residential 1 zones that his Baker Street property falls into.

The regulation came about a number of years ago for a couple of reasons, said Ben Campbell, the city’s development officer, noting many current city employees - including himself - weren’t working for the municipality when the rule was made.

It’s his understanding, he said, the minimum ground floor size of 60 square metres was established as part of the building requirements when people bought the lots as a way to keep buyers from speculating on them.

It meant instead of buying the property and then selling it at a higher price, buyers had to construct a building on it first by a certain date after purchase. It helped ensure people who bought the sites would stay there.

The minimum ground floor size was carried over into the zoning bylaw for the subdivision.

Campbell also noted the minimum size was developed from concerns residents of the area had over property values.

With residents not wanting to see smaller homes in the subdivision and concerns they wouldn’t fit the character of the neighbourhood, the city’s building rules were tightened up.

“Maybe this is something we’ll look at redoing,” he said.

The city will begin reviewing its Official Community Plan (OCP) this fall. The plan acts as a guiding document for the city showing land designations, while the zoning bylaw deals with the exact regulations for properties.

After the city has a revised OCP, zoning is amended involving another public process that would look at regulations such as specific building sizes for properties and so on.

For Lingard, the regulation is forcing him to make a difficult decision over what he will do if he can’t build his house.

“If I can’t get hydro in, I have to leave,” he said.

On a pension of just a little more than $1,000 each month, Lingard said he can’t afford to buy anywhere else in Whitehorse so he would likely move to another region of the country with the exception of Alberta, where he once lived.

The city’s board of variance deals with applications to allow property owners to vary from the zoning regulations.

Campbell said there has to be a physical reason for the board to approve such an application. That could include things like a narrow lot or topographical issues which would prevent regulations from being met.

Another option would be to apply for spot zoning on the site to allow for a smaller building.

“Everyone’s entitled to apply for a zoning amendment,” Campbell noted.

Once an application for spot zoning is received, it goes to city council for consideration. The process includes a public hearing session where residents can speak for or against the application.

Lingard acquired the Wolf Creek property during the waterfront relocation program that saw the Yukon government negotiate with waterfront residents in places like Shipyards Park to move to other parcels of land in the city, such as Lingard’s land in Wolf Creek.