As absurd as it might seem that 90% of Edmonton's downtown surface parking lots lack permits, a 2009 court ruling might make it difficult for the city to pursue enforcement.
Based on a tip from a listener, Speaking Municipally dug up a case in which the Alberta Court of Appeal stymied the City of Edmonton's attempt to close down a lot that had no permit. The facts in that case don't necessarily apply to all unpermitted lots, but the case has been influential, Episode 234 of Taproot's civic affairs podcast found.
"It could make it maybe more tricky than we've been hearing about for the city to actually enforce these unpermitted surface lots downtown, depending on their history," co-host Mack Male said. "It uncovers a bit of complexity about this issue. It's maybe not quite as simple as, 'Hey, there's a surface lot without a permit — it should have a permit.'"
City council's urban planning committee heard on Sept. 19 that only 30 of the 275 surface parking lots downtown and in The Quarters have a current development permit. But administration recommended against increasing enforcement. "Forcing the closure of parking lots is unlikely to compel a landowner to develop a lot," the report said. "If surface parking lots are closed, it creates vacant land, which could then be subjected to social disorder."
Coun. Ashley Salvador, who does not sit on the committee, countered in a blog post that enforcing permit acquisition is about more than following due process: the city considers lots without a permit to be vacant, which means they aren't held to the same drainage and accessibility standards as others.
The committee decided to ask administration for options to deal with non-compliant surface parking lots. The report is due in the first quarter of 2024.
Hear more from Male and co-host Troy Pavlek about the city's permit pickle on the Sept. 22 episode, which also examines the Complete Streets Standard, concerns about transit funding, and a change of heart on the Villeneuve Airport Area. Listen for a chance to win tickets to Edmonton Design Week, too.
Photo: A surface parking lot in downtown Edmonton. (Mack Male/Flickr)