A developer built two extra and illegal storeys on a Dartmouth apartment building and now Halifax regional council has to decide what to do about it.
City staff, worried about setting a precedent, are advising council to order the developer to rip the extra floors down at their cost, which will be over $1 million.
Zagros Nova Home Development Ltd. is nearly finished with its residential build at 169 Wyse Rd. HRM gave them permits to build a nine-storey (with a non-residential/mechanical penthouse), 97-unit, mixed-use building in October 2022.
“Since the permits were issued, two additional storeys (floors 10, 11 and a 12th storey) have been constructed beyond those shown on the approved plans, and two storeys beyond the current permitted height for tall mid-rise built form,”
HRM planning staff wrote in their report
to council.
“The applicant acknowledges that the additional storeys were built in error due to a misunderstanding of the LUB (land-use bylaw) requirements.”
The original planned for 97 housing units and now has 117.
Staff said the developer applied for two extra storeys in September 2024 but they didn’t meet the regulations and their application was denied. “I
n December 2024 the applicant advised that the two additional storeys were constructed on site.”
The developer is asking for HRM to change its rules to grant an exception for them and has sweetened the request with a promise to add more affordable housing units and to contribute to a nearby park.
So what’s the big deal?
Buildings in that area are allowed to reach as high as 40 storeys, but highrises must meet specific building requirements, including setbacks and narrower tower dimensions.
Related
Now that the building is over 10 storeys, it’s considered a “tall mid-rise” building and subject to design restrictions.
These are important design rules to follow because “they help mitigate negative impacts of taller buildings (such as wind and shadow), and the separation distances provide for adequate light and resident privacy in a high-rise setting.”
There’s also the concern that other developers will see this and take advantage.
“Proceeding with this application may set a negative precedent for future compliance with land-use policies and regulations, and may set an expectation that rules can be changed to legalize work that was done without a permit.”
Letter from the developer
Isabelle Choumiline, with Sightline Planning and Approvals on behalf of their client, Zagros Nova Home Development, explained the misunderstanding.
While it was being built, amendments to the land-use bylaw meant the floor area ratio increased, which they took as an opportunity to add two extra floors.
She said they intended the two floors to adhere to the municipality’s rules and noted that it’s still “significantly less tall than the existing 40-storey height maximum (and) a misinterpretation resulted in floor 11 and 12 being unable to comply with the specific stepback and maximum tower depth requirements.”
In the application to HRM, they said significant time and resources have been invested in the project and deconstructing floors 11 and 12, in addition to the modifications needed to floor 10, “would be a monumental effort.”
Deconstruction
The developer hired an engineer to provide an estimate for deconstruction and submitted that to HRM.
“It is estimated that the work would take 29-41 weeks to complete and cost $1,060,000 to $1,465,000 to complete,” according to the report. “The costs to remove the storeys will be borne by the developer.”
It’s a complicated process and it would mean delaying tenants from moving in because falling debris could hit occupied floors or adjacent properties, let alone noise and dust.
There is also a fire risk from “temporary systems and hot work” and structural risk to the 10th floor.
Staff also warned council that if they order deconstruction, there are “potential municipal costs associated with the compliance process, such as legal fees.”
How about some extra affordable housing?
Large developments in certain areas of the city are required to contribute to the public good under bonus zoning rules, and at least 60 per cent of the contribution must be in the form of a cash-in-lieu payment for affordable housing.
According to the original permit, Zagros Nova Home Development had to pay $110,588.16. If they’re allowed to keep the extra storeys, it would mean an extra $35,527 for a total contribution of around $146,115.
They were also going to commit 15 of the 97 units as affordable — 30 per cent below market value for 10 years governed by the Canada Mortgage and Housing Corporation.
Now the developer is saying they’ll add to that by four for a total of 19 onsite affordable units. They say these units will be one-bedroom and bachelor units with rents starting at about $1,247 per month, with increases limited to five per cent per year. They say the market rents for these units are $1,871 per month.
“Zagros is also open to considering a contribution to improve local park infrastructure in the area such as Victoria Park or the Wyse Road parkette,” the developer wrote in the application to HRM.
What is Halifax to do?
Halifax council will need to vote on making an exception to allow the development as is or order the developer to take off the top two storeys at their expense.
The issue was up for debate at council’s meeting Tuesday but was deferred at the request of Coun. Sam Austin (Dartmouth Centre). He said, “It’s a rather unique situation,” and that he needs more time to discuss it with staff before it faces a council vote.