In a recent ruling, the Saskatoon development appeals board upheld strict regulations concerning a residence in the Nutana neighborhood that exceeded height and width restrictions. The board emphasized that granting leniency in this case would undermine the zoning bylaw’s intended purpose.
The property in question, located on University Drive and valued at $1.6 million, surpasses the maximum permitted height for dwellings in established areas by 1.4 meters and also exceeds the allowable width. The violations were discovered during an inspection when the construction was nearing completion, prompting the city to issue a stop work order.
Following the purchase of the property from the estate of deceased developer Karl Miller by Curtis and Rachelle Kelln, the current owners, it was revealed that they were unaware of the property’s non-compliance with size regulations. City officials, including inspectors who monitored the construction, were also unaware of the discrepancies during the building process.
Jonathan Naylor, president of the Varsity View Community Association, expressed understanding towards the homeowners’ predicament but supported the board’s decision, emphasizing the importance of regulations to prevent adverse impacts on neighboring properties. Although pleased with the ruling, Naylor raised concerns about oversight by the previous owner and city inspectors.
Douglas Tompson, a resident near the property, echoed support for the board’s decision while acknowledging the homeowners’ innocence in the matter. Speculation arose that the issue might progress to court due to its complexity, with the option to appeal the appeals board’s decision to the Saskatchewan Municipal Board within 30 days.
The Kellns refrained from commenting on the situation, indicating they are evaluating their next steps. An affidavit submitted by Curtis Kelln outlined the challenges of modifying the property to comply with regulations, citing significant costs and structural considerations.
