Despite warnings of "an undesirable precedent" and possibly a destabilized neighbourhood, city councillors agreed Monday to call a public hearing on a bid to legalize an unauthorized fourplex.
The residence at 373-375 Fizet Ave. in Rutland was approved and constructed as a duplex, but at some point was converted to a fourplex.
Since then, the city's bylaw enforcement department has taken action, which prompted the current owners to seek an official community plan amendment and rezoning to make the conversion legal.
In her verbal report to council on Monday, Danielle Noble, the city's manager of urban land use, said the changes are not consistent with OCP policy, the building is not in or near an urban centre, and it is mid-block in an area that is mostly single-family and duplex housing.
"Allowing multiple-unit development to enter this area would set an undesirable precedent for further speculation and may destabilize the neighbourhood," she warned, reading from a negative recommendation by her staff.
However, owner Shane Misfeldt told council he and his wife, Leanne, invested in the rental property seven years ago, and were told by the realtor and owner the extra kitchens were legal.
"In hindsight, we don't think that means much," he said, adding no one in the neighbourhood has ever complained.
A disgruntled tenant brought it to the city's attention, he explained.
The fourplex is within 400 metres of public transit, close to three schools and Rutland Arena, and it meets all the city requirements for separate entrances and parking.
"We just want to make this right. We don't know why the city wouldn't want to proceed with affordable housing," he said.
They are besieged with calls when the one-bedroom units become available, he added, and the alternative would be to kick out an older couple and single young man.
Led by long-time councillors Robert Hobson and Andre Blanleil, council agreed to call a public hearing to see if there are any objections from neighbours. The Misfeldts were told to inform their neighbours as well as hold a public information meeting.