Hamilton Conservation Authority directors OK basement apartment in Battlefield Creek floodplain against staff advice

Hamilton Conservation Authority directors are issuing a permit to a Stoney Creek homeowner for a secondary basement apartment in Battlefield Creek's floodplain despite warnings it would be submerged during a Hurricane Hazel-type storm.

Against staff advice, directors approved an application by Bhaskar Joshi to convert the basement of his 62 Lake Ave. N. home after an hour-long discussion in private session at special Conservation Authorities Act hearing on Oct. 6.

A unanimous motion read by authority chair Lloyd Ferguson stated that directors determined the risk to public safety is minor as set out in provincial policy."

But the motion also requires Joshi to legally indemnify the authority, directors and officers through a save harmless agreement" that must be registered on the home's land title.

Directors did not elaborate on the reasons for their decision, which contradicted staff advice that the permit doesn't comply with authority or provincial policies designed to avoid the catastrophic flooding seen during 1954's Hurricane Hazel, which killed 80 people in Toronto.

But prior to the private session, city appointee Jim Cimba, who is a lawyer, asked if the risk to public safety was major or minor and whether Joshi could do anything to mitigate the threat.

Conservation planner Elizabeth Reimer said modelling determined the apartment unit would be completely submerged by a Hurricane Hazel-type storm.

I would say that the risk, particularly to the tenant of the basement apartment, is major, and I would say there isn't really a lot that can be done to flood-proof to this depth," she said, estimating the property's flooding would be 1.8 to 2.2 metres high.

If the basement is flooded, the tenant could be looking at losing all of their possessions."

Deputy chief administrative officer Scott Peck said staff doesn't assess applications from a risk-management perspective but wouldn't have initiated the special hearing if the risk were low.

At the end of the day, this application doesn't comply with the policy because the basement as a separate unit will be inundated with water," he said.

And with that comes the inherent risk (of) damage to the property and, more importantly perhaps, the potential loss of life."

Joshi said he and his wife bought the home in April and can't finance it without income from the apartment unit.

He said he didn't check the floodplain regulations beforehand, but the basement already has a bedroom, washroom and living area.

The only lack is a kitchen," Joshi said, adding the apartment will be upgraded to meet all city requirements, including an egress window and separate entrance.