City administration will help a resident in a dispute with her condo board over an intense streetlight shining into her unit, although no major punishment can be given out based on current bylaws.
Kathi Hagman spoke to city council during its Sept. 9 regular meeting to explain her situation. A new LED light installed in the parking lot across from her unit that is so intense, it illuminates her condo unit more than her interior lighting does.
A report from city administration indicated the bylaw enforcement department encouraged Hagman to meet with the condo association to resolve the matter privately since the municipality could play no further role in this dispute.
City administration suggested a motion to receive and file the report was the best option. However, the situation did not sit well with council, which voted unanimously to direct city administration to enforce the zoning bylaw under the assumption the condo association has separate title of the property where the light is located.
The zoning bylaw says, “Outdoor lighting for all developments shall be located and arranged so that no direct rays of light are pointed at nearby properties, or interfere with the safe operation of nearby roadways or traffic control devices.”
Council discussion
This issue was brought to the condo association’s attention, which was told to address the situation, said city clerk Myron Gulka-Tiechko. No ticket can be issued for this under the bylaw; instead, a notice of contravention is the next step in this process.
The condo association would then be able to appeal to city hall, he continued. In fact, the association could speak to council and provide its version of events. City administration also could send another letter to the condo board to address the situation — the letter could force the board to act — or it could take “more stern enforcement” in some way.
“We haven’t had this kind of situation before,” Gulka-Tiechko added.
The light appears to have been installed for two purposes: to illuminate the door below it and to protect the adjacent parking lot, said Coun. Brian Swanson. Having visited the property, he noticed that lights over other door entrances are lower and less intense in brightness.
City hall sent the condo board a letter in June about this situation, said Coun. Scott McMann. The letter recommended that the board put a barrier or reflector on the light to diminish its intensity. He thought that odd since city administration didn’t believe the issue conflicted with the zoning bylaw.
“I think she has a case here,” he added.
City administration interprets the section in the zoning bylaw dealing with site lighting as an issue between properties, explained Michelle Sanson, director of planning and development services.
This is one whole property, not two, she continued. Furthermore, city administration hoped the board would work with Hagman. The board did say it looked at various options for the property but couldn’t come up with a solution.
“I am not sure we have the authority to force them into doing anything,” Sanson added.
If the wording in the bylaw is simply the problem, then council should be able to help Hagman with her concern, McMann said. It shouldn’t be her problem if the bylaw is unclear.
Council should act under the bylaw and a ticket should be issued to the property owner, agreed Coun. Dawn Luhning. This might spur the board into action. Furthermore, the pictures Hagman submitted are proof of how bright the light is.
“I also think it is our job to ensure our citizens are comfortable in their homes,” Luhning added.
The next regular council meeting is Sept. 23.
