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Homeowner can keep his sunroom despite zoning issue, appeals board says

City council received a report during the Feb. 12 regular meeting from the development appeals board with its decision related to homeowner Rod Cochrane.
City hall tower sunset
Moose Jaw City Hall. File photo

Homeowner Rod Cochrane will be able to keep a sunroom he built on his property after city hall initially rejected his application because it contradicted the zoning bylaw.

The development appeals board met on Jan. 16 to hear an appeal from Cochrane, who lives at 22 Grandview Place and whose property has been zoned as an R1 large-lot low-density residential development district, a city council report explained. 

City hall denied his development permit because the bylaw says a minimum rear-yard interior site setback for an accessory building must be 7.5 metres (24.6 feet). However, the proposed sunroom has a rear-yard setback of 3.65 metres (12 feet), which is a variance of 3.85 metres (12.6 feet).

Cochrane told the board that he wanted to keep the attached sunroom because he had already constructed it and had received “improper advice” that he could build it without first applying for a development permit, the report said.

Furthermore, he said he had contacted SaskPower, SaskEnergy and SaskTel about the easement, with SaskPower and SaskTel saying they had no issues. However, SaskEnergy asked that he inform them of the appeals board’s decision so it could also approve the project.

After reviewing the situation, the appeals board granted Cochrane’s variance request for three reasons: 

  • It would not be a special privilege since the board would grant a similar appeal to other property owners in the same district and, in the past, has granted similar requests with greater proposed variances 
  • It would not be a relaxation of the zoning bylaw since it would not hinder the health, safety or general welfare of the community and could enhance the variety and efficient use of the land
  • It would not injuriously affect the neighbourhood since the contraventions would have no negative effects on the adjacent properties, no negative written submissions were received, and the sunroom would not result in “unreasonable interference” in neighbours enjoying their properties because the treed backyard and nearby park ensured there are no problems

The appeals board submitted its report to the Feb. 12 regular council meeting, with council unanimously voting to receive and file the document.

The next regular council meeting is Monday, Feb. 26. 

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