Development Appeals Board Grants Two Appeals

Council received and filed a pair of decisions from the Development Appeals Board (DAB) meaning development permits can now be issued.

The DAB is a quasi-judicial board which hears and decides appeals by people and businesses who want to develop or build on a property which is in contravention of City of Moose Jaw building and zoning codes.

Classic Car Garage

The DAB agreed to allow an appeal by Corrine and Paul Hammer for a detached garage at 1539 Duffield Street West that exceeded the zoning bylaw of 5 meters. The prospective builder wants to build a new home and a detached garage of 5.4 meters.

The listed reason for the additional .4 meter in garage height is to allow the owner to work on a classic car.

The DAB agreed to allow the owners’ appeal as it was not injurious to the surrounding neighbourhood.

Garage Too Big In Three Ways

The DAB agreed to an appeal by Warren Brisbin who wanted to enlarge a detached garage at 1434 Spadina Street after the Planning Department refused to issue a development permit because the proposed new garage would contravene the maximum detached garage size.

Brisbin wanted to add an addition to an addition to a detached garage making it 1040 square feet which exceeds the zoning bylaw of 900 square feet.

Additionally the proposed garage would cover 42 percent of the backyard which contravenes the zoning bylaw which only allows 35 percent of a backyard to be covered.

Plus the addition would also mean an additional contravention of the zoning bylaw as the entire lot - including the house and detached building - would be covered by 44 percent instead of the allowed 40 percent.

Although the development breached the zoning bylaw the DAB agreed to allow the appeal because of other structures in the same neighbourhood which exceeded the zoning by requirements, no neighbours had spoken out and granting the building permit was not a special privilege.