City To Appeal Board Ruling On Accessible Parking Requirement

A successful appeal to the Development Appeals Board which would have allowed the Holy Trinity Catholic School Division (HTCSD) to build onto a school without the required two parking stalls for people with disabilities as well as a loading zone is going to be appealed.

At Monday evening’s meeting of Moose Jaw City Council a report was received from Development Appeals Board (DAB) allowing HTCSD to build onto St Agnes School located at 330 Oxford Street West.

In their report to Council the DAB wrote Doug Sears, speaking on behalf of HTCSD, said nothing in the school is barrier free. Sears told he DAB that St Agnes School is presently at capacity and plans call for a portable classroom to be added to the school.

Additionally the school presently loads off of Oxford Street West.

In their reasoning for allowing the appeal the DAB wrote “as the representative from Holy Trinity School Division stated, there will be no increase in staff due to the addition, therefore no additional staff parking will be required. It was also noted that the Holy Trinity School (St. Agnes School) is operating as a non-barrier free school and will continue to do so. In addition, the school does not require a loading area as the school seldom receives large deliveries.”

The DAB felt given the facts presented the variance was not in violation of the intent and purpose of the Zoning Bylaw and therefore allowed the variance.

It needs to be noted the DAB only deals with and are restricted within the parameters of the existing Zoning Bylaw and related provincial regulations. They do not administer any human rights rules or other related regulations.

Councillor Brian Swanson however felt DAB's decision should be appealed because it set an unacceptable precedent and sought to have the matter referred to the Special Needs Advisory Committee for review.

“How many other places are going to say I am not going to provide disabled parking spots because my building is not barrier free?” Councillor Swanson asked.

Upon questioning director of planning Michelle Sanson told Council the City had only 30 days to appeal the the Saskatchewan Municipal Board and after the Special Needs Advisory Committee discussed the issue it needed to return to Council for a decision.

It was a question of timing, Sanson told Council.

“To allow a development to bypass the requirement for barrier free parking because the building is not barrier free to me in this day and age is wrong,” he said.

Council then approved proceeding with the appeal.