Updated:
Request
Application from the property owners requesting to discharge all parts of the restrictive covenant registered to 754 Waterstone Run, Lucasville, PID 40817777.
Proposal
The applicant is requesting to discharge all parts of the restrictive covenant registered to 754 Waterstone Run (PID 40817777) and has indicated they intend to develop a backyard suite in accordance with the underlying R-6 zoning of the Beaver Bank, Hammonds Plains and Upper Sackville Land Use By-law.
Regulatory Context
Restrictive covenants are agreements between two parties, such as developers and property owners. Although the municipality does not apply restrictive covenants in the application of municipal land use regulations, changes to the Halifax Regional Municipality Charter (Section 257A) allows the Chief Administrative Officer (CAO) of the municipality to discharge or modify private covenants when they are more restrictive than the current zoning with respect to height or density. Section 257A (3) further states that the decision of the CAO may be appealed to the Nova Scotia Regulatory and Appeals Board.
It is important to note that if the CAO were to choose not to modify or discharge a private covenant, HRM could still issue a permit for the proposed use if it meets the land use by-law and other municipal regulations, because the municipality does not enforce private covenants when processing permit applications.
Process
The application will be considered under the Modification and/or Discharge of a Private Covenant process.
Status
Currently this application is under review by staff. Once complete, an update will be provided regarding public engagement.
Documents Submitted for Evaluation
The applicant has submitted a rationale letter and provided a copy of the restrictive covenant registered to the subject property as required by HRM staff to properly evaluate the application. The documents are also available for review at the Planning Applications office at 5251 Duke Street, Halifax, Suite 300.
Contact Information
For further information, please contact:
Mailing Address
HRM Planning Applications
PO Box: 1749,
Halifax,
Nova Scotia,
B3J 3A5
Attention: Kimberly Tam