Homeowner Cynthia Watson will be able to build two decks on her property even though the proposed construction would violate the zoning bylaw since it would encroach on her neighbour’s property.
The Development Appeals Board met on Dec. 3 to hear Watson’s appeal. After listening to presentations and reviewing the material submitted, the board granted the appeal on Dec. 5, which means city hall must now issue Watson a development permit.
A report about the appeal and subsequent approval was presented at city council’s Dec. 16 regular meeting, where council voted unanimously to receive and file the report.
Decision
The board decided the development appeal would not be a special privilege since the requested variance would not deter from the neighbourhood aesthetics, while the board would grant a similar variance to anyone else in similar circumstances.
Furthermore, the appeal would not be contrary to the purpose and intent of the bylaw since this project is in an unusual situation as the house is already located on the property line of the neighbouring property to the south, the report said. Moreover, the neighbouring property owner is aware of the development proposal and provided a letter of consent. Additionally, Watson noted the side yard would be kept clear of bushes and shrubs to provide easier access to the rear yard.
Lastly, the board did not believe the appeal would injuriously affect the neighbouring properties, while no letters of concern were received from property owners within the 75-metre area.
Background
Watson is the homeowner at 1011 Main Street North and requested a variance to construct a front and rear deck, with a proposed side yard setback of zero metres that is contrary to the 1.8 metres prescribed by the municipality’s zoning bylaw, the appeals board report explained.
A surveyor’s certificate from 1989 shows the house encroaches on the property to the south. The proposed location of the front deck would align with the wall of the house and encroach on the adjacent property. The location of the rear deck would extend past the wall of the house and encroach further onto the neighbouring south property.
The only way to construct the decks here would be to appeal the setback requirement and sign an encroachment agreement with the neighbouring property owner.
During the appeal meeting, Watson told the board that when she purchased the house in 2012, the existing deck butted up against her neighbour’s fence and she didn’t realize the house was right on her neighbour’s property line.
Watson understood that an encroachment agreement must be registered on the property title for future purchasers and was in full agreement with it.
The next regular council meeting is Monday, Jan. 13.
