The development appeals board has permitted two groups to pursue construction projects — a fence and a building extension — that city hall says contravene the zoning bylaw.
During its meeting in November, the board allowed property owners Corinne and Fabrice Dourlent to construct a fence 1.8 metres (5.9 feet) in height at 174 Hall Street West, contrary to the zoning bylaw of one metre (three feet). The board also allowed Moose Jaw Church of God to construct an addition to its existing building at 50 Hochelaga Street East with a rear-yard setback of 1.097 metres (3.6 feet), contrary to the 7.5 metres as prescribed in the zoning bylaw.
The board then submitted its report to city council, which voted during its Dec. 7 regular meeting to receive and file.
Adding to a church
The Church of God building is on property zoned R4 core mixed residential district. The church met the off-street parking requirement using its current location and new parking nearby.
During the board meeting, church official Craig Matt argued that the Church of God looked for a potential new location or property for new construction due to a growing congregation. Since building new is expensive, the organization proposed constructing an addition to its current building.
The church purchased two residential lots adjacent to its property for parking, while the current parsonage will be removed.
After reviewing the evidence, the board granted the appeal for three reasons:
- It would not be a special privilege since the R4 district functions as a transitional area between the C2 high-density commercial district, where no setbacks for commercial or mixed-use properties are required, so the proposed rear-yard setback would be consistent with neighbouring properties. Also, the board agreed that it would grant a similar variance to other parties under similar circumstances.
- It would not be contrary to the zoning bylaw since the variance would not affect the neighbouring property owners’ health, safety or welfare. There is also enough parking in the lot that street parking would not affect the neighbourhood.
- It would not injuriously affect the neighbouring properties since the board received no objections from neighbours and one letter in favour.
Building a fence
The property at 174 Hall Street West is a vacant residential lot that the Dourlents — who live next door at 178 Hall Street West — own and maintain and mainly use as yard space, the council report said.
A municipal official inspected the property on Aug. 31 and found the front yard fence was over the one-metre requirement, so an order to remedy the contravention was issued on Sept. 10. The order said the Dourlents could lower the fence, tie the parcels into two legal lots, or remove the fence.
The Dourlents then appealed to the development board.
After reviewing the evidence, the board granted the property owners their appeal for three reasons:
- it would not be a special privilege since the property is vacant and owned and maintained by the Dourlents, while the fence is consistent with neighbouring properties;
- it would not be contrary to the bylaw since the board thought the fence enhanced the neighbourhood aesthetics, while there were no concerns with site lines or safety issues; and
- it would not injuriously affect the neighbouring properties since the board received 21 letters from adjacent property owners in favour of the variance, while the variance would not affect sunlight or privacy.
The next regular council meeting is Monday, Dec. 14.
