May 19, 2009 11:57 AM
BY KEELY GRASSER
Council has decided to scrap an idea to legalize second suites in Markham, a plan they had been toying with for several years.
In a split vote this week, it turned down a resolution authorizing a public meeting on the possibility of legalizing the apartments, thus shelving the whole idea, according to Deputy Mayor Jack Heath, a member of a town sub-committee that looked into the matter.
"Philosophically, in principle, I'm saying we're not ready ... to get into the wholesale rejigging of communities by having homes retrofitted for a second suite when most bought into a single-family home," said Councillor Joseph Virgilio, who supported not legalizing the suites, often basement apartments.
10% already have one?
But Mr. Heath said he believes up to 10 per cent of Markham homes may already hold a second suite.
He is one of the members of council who supported legalizing and regulating them.
"This horse is out of the barnyard on it," he said, adding it's difficult to "bury your head in the sand ... when there's 3,500 to 7,000 of them in Markham."
Current rules, which will remain in force, are "extremely complicated," Mr. Heath said.
Second suites are generally not permitted in Markham, except where zoning permits them or where owners can prove the two-unit house was in existence before Nov. 16, 1995.
Mr. Heath explained that in the 1990s, the NDP provincial government passed a law enabling municipalities to permit second suites. The Progressive Conservative government that followed then repealed the legislation.
The newer law had a grandfathering clause allowing existing units to continue.
Owners of second suites in Markham must register their second suites with the town. Failure to do so can result in court action and a fine of up to $50,000.
Council has directed staff to continue with their current enforcement strategies and to take additional steps to educate residents about second suite rules.
Discussion about changing rules surrounding second suites can be traced back to 1999, Mr. Heath said.
In 2007, a town subcommittee was struck to look at a new strategy. Last spring, council brought the proposed strategy to the public for comment.
Staff then recommended council make changes to town law to legalize second suites, while setting out rules.
"Some (members of the public) were concerned about it and some felt we should go forward. Every public meeting we had, there were some in favour and some opposed," Mr. Heath said.
Concerns raised by residents through the public consultation process included safety and parking issues, strains put on services like schools and how the town will enforce the rules.
On the other hand, some community members said second suites provide affordable housing, supplement the owner's income and are good for the environment. It was also pointed out second suites will exist even if they are illegal.
Town staff reports outlined other benefits of second suites, saying they increase the rental housing supply and have less physical and visual impact than apartment buildings.
Legalizing second suites is an issue many York Region municipalities have examined. They are legal in Newmarket and East Gwillimbury. Aurora and Stouffville are currently looking into the matter. Vaughan and Richmond Hill are not.
Mr. Virgilio said Markham's not ready for second suites, yet.
"To me, it's not the time. The City of Toronto may have to do it. They're built out basically. They've gone (built) up. We haven't built up yet," he said.
He said the Markham Centre, which will include high-density housing like condos, is in the works, and will provide more affordable housing choices.
