Council Declares Road Allowance Surplus Despite Pushback from Residents, Non-Profit Housing Partner
Owen Sound Council voted to declare land surplus for sale to Barry Kruisselbrink’s construction firm, despite zoning concerns and the city’s non-profit housing provider saying it was never consulted.
Owen Sound Council voted Monday night to close and declare surplus a portion of 21st Street East, despite clear signs that councillors disagreed on what, exactly, that decision meant.
While staff and some members framed the vote as a routine step to consider selling unused land, others raised concerns that it signalled tacit support for a private development proposal that doesn't meet current zoning rules and has yet to undergo public planning scrutiny.
Adding to the tension, a neighbouring non-profit housing provider said it was never consulted about the potential sale, despite sharing a property line with the land in question.
Land Sought to Support Developer’s New 35-Unit Apartment
Pam Coulter, the city’s Director of Community Services, presented the report in response to a request from Barry’s Construction to purchase 12 metres—the southern two-thirds—of an unopened road allowance west of 9th Avenue East.
The land is adjacent to Barry’s existing three-storey, 23-unit building and is needed, the developer says, to support a proposed four-storey, 35-unit expansion, including space for parking, vehicle access, and fire routes.
The road allowance contains underground sewer infrastructure and a 1.5-metre-wide pedestrian path. Only the sanitary sewer is located in the portion proposed for sale; the pedestrian walkway would remain on the retained northern portion.
Council had previously directed staff to issue a notice of intent to stop up and close the land, which was published June 10.
The City received written submissions from nearby residents, who raised concerns about privacy, green space, traffic, drainage, and property values. Coulter said each issue could be addressed through the future planning process—for example:
Zoning: The proposed building height (14 metres) exceeds the zoning limit (12 metres) and includes reduced setbacks, requiring a minor variance and public notice under the Planning Act.
Drainage: A grading and stormwater plan would be mandatory.
Privacy: Fencing and landscaping buffers can be required at the site plan stage.
Walkway: The public path and adjacent trees would remain accessible.
Traffic: Access would be from 9th Avenue, and the number of units does not trigger a traffic study under current standards.
Coulter also noted that Barry’s Construction would cover all associated legal, surveying, and appraisal costs. The City would benefit from the land sale and future tax revenue, she explained.
In addition to the written submissions, a woman used the Public Forum question period to share her concerns about the project with City Council. They were amplified, she said, after an interaction she claims took place between herself and developer Barry Kruisselbrink at her property line.
Concerns from Owen Sound Municipal Non-Profit Housing
Owen Sound Municipal Non-Profit Housing (OSMNPH) submitted a letter to City Council on June 20, outlining concerns about both the process and the project’s potential impact on its tenants.
The Board said it was “shocked” to learn second-hand that the land might be sold to Barry’s Construction without prior consultation, despite OSMNPH owning the adjacent property.
“It would have been a symbolic gesture at least to let us know the land was being considered for sale,” wrote Executive Director Shari Huber.
The letter also raised safety concerns about the public walkway that runs between the two sites. The proposed development would place a parking lot across from residents’ backyards. While fencing could mitigate privacy and headlight intrusion, the Board warned it could also create a hidden, poorly lit corridor that poses its own risks.
The Board expressed interest in acquiring other city-owned land adjacent to its properties if unopened road allowances are being considered for sale.
Councilors Debate Over What the Vote Signifies
Despite assurances from Mayor Ian Boddy and Councillor Travis Dodd that the vote was purely procedural and unrelated to the specific apartment proposal, much of the 11-page staff report and Director Coulter’s presentation focused on the details of Barry’s Construction’s development plans.
Coulter spent significant time responding to public concerns about building height, setbacks, traffic, drainage, and privacy—issues that typically arise in formal planning reviews.
That emphasis led some observers to question whether the vote, in practice if not in principle, was being used to facilitate a specific project that has yet to meet zoning requirements or go through the full public planning process.
Deputy Mayor Scott Greig questioned the rationale for proceeding, noting the development does not comply with current zoning and would require multiple variances. He expressed concern that Council’s vote could be interpreted as prematurely endorsing the project.
“This seems to be a lot of trying to ensure that a square peg is going to fit into a round hole,” Greig said, adding that the proposed setbacks wouldn’t even allow enough space for tree planting or adequate privacy buffering.
Councillor Travis Dodd pushed back, arguing that the vote had nothing to do with the proposed apartment itself. He asked Coulter whether Council’s decision would lock in the current site plan or restrict future changes.
Coulter responded that it would not. If Council proceeds with the sale, a separate report on the purchase agreement would come forward. The developer would then need to apply for a minor variance and site plan approval, each with their own public processes. She stressed that approving the land sale does not equate to endorsing the development as proposed.
Dodd reiterated that Council was voting only to stop up and close the road allowance and declare it surplus. He cautioned against assuming that the conceptual site plan shared to date represents the final outcome, noting such plans often change through formal review.
Even so, Greig voted against the motion, arguing that the specificity of the land being declared surplus—only the southern two-thirds—suggests a predetermined direction.
“We could equally approach Owen Sound Housing Authority, which owns the land to the north,” he said. “That’s never been explored.”
Mayor Ian Boddy read the motion aloud and insisted it had no implications beyond closing the road. “It’s got nothing to do with selling… it’s got nothing to do with anything else.”
Councillor Marion Koepke moved the motion, and it was approved by a majority of Council, with four votes in favour.
Councillor Brock Hamley was away on business and Councillor Jon Farmer is currently on parental leave.