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Appeals board approves projects that are contrary to zoning bylaws

The proposed projects are located on Normandy Drive and 12th Avenue Southwest
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Moose Jaw City Hall
Moose Jaw City Hall (Shutterstock)

The development appeals board has approved requests from two property owners to install infrastructure on their properties that are contrary to the municipality’s zoning bylaw.

The property owners and the appeals board met on May 21 at city hall to discuss the requests. The results of the appeals were presented to city council during its June 10 regular meeting. The reports were received and filed without comment. 

Jason Edwards, of 1205 12th Avenue Southwest, requested that he be allowed to install a fence in his front yard that is two metres (six feet) in height. This would be greater than the maximum allowed height of one metre (3.3 feet), according to Zoning Bylaw No. 5346.

The appeals board concluded the requested relaxation would not be a special privilege, be contrary to the purpose and intent of the bylaw, or injuriously affect the neighbouring properties. 

Edwards is allowed to proceed with his project as long as he obtains a permit from the parks and recreation department to install the fence on the municipal boulevard. 

Randy Hanson, of 901 Normandy Drive, wants to construct an accessory building with floor space of 191.6 square metres (2,063 square feet), contrary to the 83.61 square metres (900 square feet) prescribed in the zoning bylaw. The building would also be 5.48 metres (18 feet) in height, contrary to the 4.5 metres (14.8 feet) as laid out in the bylaw. 

Hanson wants to construct an extra building for vehicle storage. According to the report to city council, Hanson has proposed accessing the new building from the front and rear of the property. The rear contains a legal street; however, it is undeveloped and is used as a green space that the municipality does not maintain as a right-of-way. 

After review, the appeals board concluded the requested relaxation would not be a special privilege, be contrary to the purpose and intent of the bylaw, or injuriously affect the neighbouring properties. 

Hanson is allowed to proceed as long as an interest on the property title is registered stating there is no legal vehicle access to the detached accessory building from the rear of the property. 

Upcoming appeals

The appeals board has scheduled another meeting for Tuesday, June 18 to hear from two residents who want to construct buildings on their property.

Grant Schneider, at 33 Bluebell Crescent, wants to construct an accessory building that is 107 square metres in size, which is contrary to the 83.61 square metres in the bylaw. 

Roy Krueger, at 833 Ominica Street West, wants to construct a storage shed that has a rear yard setback of 5.13 metres, which is contrary to the 7.5 metres in the zoning bylaw. He also wants to cover 65.7 per cent of the overall site, which is contrary to the 60-per-cent site coverage in the bylaw. 

The next regular council meeting is June 24. 




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