A much needed mental health therapy clinic for adults is hung up while it awaits a development permit.

Dara Mental Health Service is looking at breathing new life into the historical McNamee home located on Ross Avenue, but with homeowners being told they would have to enter into a deferred service agreement (DSA) with the Town of Cochrane; homeowners Michelle Copithorne and Dr. Carl Adrian are wondering if proceeding is a viable option.

Copithorne and Adrian were told that they would need to pay their proportional share of the total costs associated with the property's street frontage of burying the power line when a triggering event occurs that would cause a need for the line to be buried. Copithorne states Dara would be responsible for 8.6% of the total cost (roughly estimated at $190,000 back in 2016) and the DSA would become part of the development permit which will be applied to the Certificate of Title in the form of a caveat.

"It is really the principal of the caveat and the fact that they are asking us to cover that expense, I think that it's an expense that should be born out of a levy or general taxation because it is something that services all of Cochrane. It is not right that 30 individual properties should shoulder the weight of that expense."

Copithorne is challenging the April 19 decision which states, “Prior to the issuance of a development permit, the applicant/owner shall enter into a Deferred Servicing Agreement (DSA) with the Town based on a proportional share of the total costs associated with the applicant/owner’s street frontage on Ross Avenue and the burial of power lines in accordance with Section 11.28.0 of the Land Use Bylaw.” 

Copithorne doesn't believe the town is in accordance of what the Municipal Government Act states, in which Cochrane's bylaw is based upon. "The Act states that it may be a condition of development to cause the developer to “install or pay for the installation of a public utility that is necessary to serve the development...” The power line that runs down Ross Avenue is already installed. It is not “necessary’ for the line to be buried in order for the development, nor other homes in the neighbourhood to be served. The power infrastructure is in place and has been more than adequately serving the historic McNamee House and the broader community for decades. The Town’s requirements of having the power lines buried is an aesthetic standard, not a functional one."

Copithorne shares the interpretation of the bylaw has been misinterpreted and stretches beyond its intent. Section 11.28.0 of the Land Use Bylaw states, 'All shallow utility services (e.g. electrical, gas, telecommunication, and cable TV) shall be underground.' Copithorne believe that the reasonable application of the bylaw is to require them to bury the shallow utilities from the source pole adjacent to the property, to the building on their deeded property not the entire street frontage.

After meeting all the necessary requirements when purchasing the home, Copithorne and Adrian figured they would be starting construction in fall of  2016 not still waiting things out. "It has been a disheartening process because A) Cochrane really does need mental health support, as much as possible and B) you would think that the town would be much more cooperative with someone who is willing to restore one of these historical resources because quite frankly it is a lot easier to go into a strip mall and just lease some space but for us we felt we could do two things at once."

Dara later learned that the Town’s intent was to apply a DSA in the form of a caveat on Title to have power lines buried on any property that applies for a development permit application that is adjacent to a power line in Cochrane. 

A caveat on Title can affect resale value and be financially prohibitive for any small business or private home owner who is trying to revitalize their property in the East end or any historic community.

"Having an unknown figure as a caveat on title...we are just not comfortable with that at all. It is enough to not pursue this, we chose out here (Cochrane) to fill a gap and need here and it's been enough. We are really hoping the board will see our reasoning and logic behind it."

Copithorne and Adrian are appealing the Subdivision and Development Appeal Board decision this evening (May 30).