When it comes to subdividing land in the Yukon, it appears there are different rules for citizens and municipalities.
The subdivision application for Faro’s controversial daycare lot was approved on June 7.
Some residents complained the land was not properly zoned.
In order to apply for a subdivision, applicants must show the zoning is suitable to the proposed purpose of the two new lots.
Faro is planning to sell the subdivided lots as residential. They are currently zoned community use.
Mayor and council tried to rezone the lot on January 19, but were not able to give the bylaw first reading due to public dissent.
The zoning problem is not an issue, according to George Stetkiewicz, the director of land planning.
“We have no tangible evidence that the land was going to be used for those purposes after we issued the subdivision approval.”
However, the town has said it wants to sell for residential.
The town had previously tried to rezone the property, public comments submitted to land planning mentioned the sale and there were several news articles about the planned sale.
The planned sale was even mentioned in an interview the News conducted with Stetkiewicz in early April.
Before subdivision, there was one lot with a daycare building on it zoned community use, said Stetkiewicz.
After land planning issued its approval there was a parcel of land with a daycare and a larger empty lot, both zoned community use.
“So, from our perspective, the land use is in compliance with the zoning after the subdivision.”
It is not clear how this allows a private residence.
The subdivision application was approved with conditions, but none of these conditions involve the lots’ zoning.
The town considers rezoning a condition.
A bylaw, given first reading at a special meeting on Friday, June 18, says it is necessary for the town to rezone the lots “to satisfy the conditions of approval relating to the conditional subdivision approval.”
A public hearing to discuss the bylaw will be held on July 21.
The subdivision isn’t the only controversy surrounding the sale of the daycare.
The lot and building had been recently assessed to value $80,000.
The town is planning on selling the subdivided lot, with the vacant section going at $20,000 to the RCMP for housing.
The other section of the lot will be sold, house included, for just $10,009.12 to Kerry and Helen Wagantall.
Kerry is a town employee.
Helen is the sister of councillor Diana Rogerson.
Despite multiple attempts to reach Mayor Heather Campbell at the town office, her home and via e-mail, she has refused to comment on the issue.
Contact Chris Oke at chriso@yukon-news.com