The town’s Municipal Planning Strategy and Land Use Bylaws restrict real estate businesses to the central business district – a.k.a. the downtown.
The owners of Modern Realty were disappointed by council’s decision, saying they had hoped council would have sent the matter to a public participation meeting.
The town, meanwhile, will now explore its legal options since the business is in violation of the planning strategy and bylaws. The town has already fined the business for being in the location it is.
Modern Realty had moved to 550 Main St. after outgrowing space it had at 308 Main St. The business said it looked for alternative space in the downtown but didn’t find any that suited it needs, both physically and financially.
Since one of the owners of Modern Realty owned an empty building at 550 Main St. (it was a former hair salon) they opted to relocate there after finding a tenant for their former downtown location. After all, not only was Modern Realty paying rent to be in the downtown, one of its owners was also paying a mortgage on the empty commercial building. The business owners say they briefly inquired with town hall about the move and thought all was fine. But after they had settled into their new location they later learned from the town their business was not an allowable use in this part of the town and Modern Realty would have to vacate the premises.
Since then the matter has been discussed and debated at five Planning Advisory Committee meetings. The committee recommended that council reject a rezoning application made by the business. After much discussion, and after hearing from members of the public at council’s Aug. 13 meeting (those who spoke supported Modern Realty’s application) council refused the application by a 6-1 vote. Councillor Sandy Dennis voted against the motion to refuse the application.
Council’s concern was that allowing the application would open the door for other professional business offices to leave the downtown.
“Once we let an office to leave the town boundaries that we set back in 1988, we’re going to get applications, the PAC will get applications on a regular basis, asking for consideration that we could have, and shouldn’t, give to Modern Realty,” said Deputy Mayor Jim MacLeod.
Town Planner Caroline King said although the application being sought was a “fairly controlled amendment,” it would still open the door to lawyers, real estate and accountant offices to locate outside of the downtown, although they’d still be on Main Street.
“It wouldn’t allow the banks to leave, not yet,” she said, but if the town allowed the professional offices to leave, what would be the justification for telling the banks they have to stay, she said.
Yarmouth Mayor Pam Mood said the decision before council was not about just one business.
“This is about the bigger picture, and all of the small offices and the entire district,” she said, saying something that scares investors away is uncertainty. People who have invested in their businesses in the downtown, she said, or who are looking to establish there need to know the rules are going to stay consistent and not always be changing.
“I consider myself very proactive…I’m a visionary and I see the bigger picture. But I will sit here and I will say the reason that we have a downtown, and many towns don’t, is because council, from year to year, have stuck to their guns on these regulations,” the mayor said. “From my perspective that’s not staying in the past, it’s exactly the opposite. It’s seeing the future. It’s ensuring that what is, will be.”
The mayor said this wasn’t an easy decision and there is no disputing the fact that Modern Realty is a great local business. But she stressed its the issue is bigger than one business.
Following the meeting Modern Realty owners Tiffany Atkinson and Louisette Higgins said they were disappointed council chose to deny the application and not send the matter to a public participation meeting. They had hoped to work with the town and the Planning Advisory Committee to find a solution that would work for everyone.
“I know it’s bigger than Tiffany and I, and Modern Realty and our employees and our clients and all of those things, I know it’s bigger than that, but it’s time for change,” Higgins said. She said Modern Realty has explored downtown options and haven’t found any that would work for their business. Many buildings on Main Street are old and in need of a lot of renovation. Some have been vacant a long time. In other cases rents are high.
Atkinson noted a lot of the discussion centred about the strategy that was adopted in the late 1980s.
“They kept talking about 1988. It is 2015. It is time for change. I can remember late 1980s, early 1990s, the downtown was booming. It’s gone downhill since, maybe that strategy isn’t the best now,” Atkinson said. “Something has changed. Maybe we’ve put too many offices down there.”
And if by allowing this application it means other business will also want to leave the downtown doesn’t that beg the question: Is there a problem with the downtown?
For Modern Realty, what happens next is uncertain.
“What we’re running up against now is to go find a spot, renovate that to a suitable offices for seven people, make the move and than fork over a mortgage payment on an empty building,” Atkinson said.
The town’s Municipal Planning Strategy and Land Use Bylaws restrict real estate businesses to the central business district – a.k.a. the downtown.
The owners of Modern Realty were disappointed by council’s decision, saying they had hoped council would have sent the matter to a public participation meeting.
The town, meanwhile, will now explore its legal options since the business is in violation of the planning strategy and bylaws. The town has already fined the business for being in the location it is.
Modern Realty had moved to 550 Main St. after outgrowing space it had at 308 Main St. The business said it looked for alternative space in the downtown but didn’t find any that suited it needs, both physically and financially.
Since one of the owners of Modern Realty owned an empty building at 550 Main St. (it was a former hair salon) they opted to relocate there after finding a tenant for their former downtown location. After all, not only was Modern Realty paying rent to be in the downtown, one of its owners was also paying a mortgage on the empty commercial building. The business owners say they briefly inquired with town hall about the move and thought all was fine. But after they had settled into their new location they later learned from the town their business was not an allowable use in this part of the town and Modern Realty would have to vacate the premises.
Since then the matter has been discussed and debated at five Planning Advisory Committee meetings. The committee recommended that council reject a rezoning application made by the business. After much discussion, and after hearing from members of the public at council’s Aug. 13 meeting (those who spoke supported Modern Realty’s application) council refused the application by a 6-1 vote. Councillor Sandy Dennis voted against the motion to refuse the application.
Council’s concern was that allowing the application would open the door for other professional business offices to leave the downtown.
“Once we let an office to leave the town boundaries that we set back in 1988, we’re going to get applications, the PAC will get applications on a regular basis, asking for consideration that we could have, and shouldn’t, give to Modern Realty,” said Deputy Mayor Jim MacLeod.
Town Planner Caroline King said although the application being sought was a “fairly controlled amendment,” it would still open the door to lawyers, real estate and accountant offices to locate outside of the downtown, although they’d still be on Main Street.
“It wouldn’t allow the banks to leave, not yet,” she said, but if the town allowed the professional offices to leave, what would be the justification for telling the banks they have to stay, she said.
Yarmouth Mayor Pam Mood said the decision before council was not about just one business.
“This is about the bigger picture, and all of the small offices and the entire district,” she said, saying something that scares investors away is uncertainty. People who have invested in their businesses in the downtown, she said, or who are looking to establish there need to know the rules are going to stay consistent and not always be changing.
“I consider myself very proactive…I’m a visionary and I see the bigger picture. But I will sit here and I will say the reason that we have a downtown, and many towns don’t, is because council, from year to year, have stuck to their guns on these regulations,” the mayor said. “From my perspective that’s not staying in the past, it’s exactly the opposite. It’s seeing the future. It’s ensuring that what is, will be.”
The mayor said this wasn’t an easy decision and there is no disputing the fact that Modern Realty is a great local business. But she stressed its the issue is bigger than one business.
Following the meeting Modern Realty owners Tiffany Atkinson and Louisette Higgins said they were disappointed council chose to deny the application and not send the matter to a public participation meeting. They had hoped to work with the town and the Planning Advisory Committee to find a solution that would work for everyone.
“I know it’s bigger than Tiffany and I, and Modern Realty and our employees and our clients and all of those things, I know it’s bigger than that, but it’s time for change,” Higgins said. She said Modern Realty has explored downtown options and haven’t found any that would work for their business. Many buildings on Main Street are old and in need of a lot of renovation. Some have been vacant a long time. In other cases rents are high.
Atkinson noted a lot of the discussion centred about the strategy that was adopted in the late 1980s.
“They kept talking about 1988. It is 2015. It is time for change. I can remember late 1980s, early 1990s, the downtown was booming. It’s gone downhill since, maybe that strategy isn’t the best now,” Atkinson said. “Something has changed. Maybe we’ve put too many offices down there.”
And if by allowing this application it means other business will also want to leave the downtown doesn’t that beg the question: Is there a problem with the downtown?
For Modern Realty, what happens next is uncertain.
“What we’re running up against now is to go find a spot, renovate that to a suitable offices for seven people, make the move and than fork over a mortgage payment on an empty building,” Atkinson said.
