MOOSEJAWTODAY.COM — Homeowner Timothy Peakman can build a detached garage in his backyard on the two lots he owns even though the project goes against a city bylaw, the Development Appeals Board (DAB) says.
The board met in mid-April to hear Peakman’s appeal after city hall denied his initial request because the project — located at 116 Elsom Street — did not follow requirements in the zoning bylaw, a city council report explained.
City hall rejected his development permit because the bylaw says in all residential districts, no garage, carport or similar accessory structure or any combination thereof can have a combined floor space greater than the total floor area of the main dwelling, or 83.61 square metres (899.64 square feet) or 35 per cent of the site’s rear yard area, whichever is lesser.
However, exceptions are allowed in R5 and R7 acreage residential districts, where the combined floor space cannot exceed 150 square metres (1,614 square feet).
Peakman’s property is zoned R1 large-lot low-density residential district.
The report noted that Peakman wanted to construct a detached garage that was 676 square feet/60.84 square metres in size. However, this building and the structures already on the property — an existing detached garage and a shed — would have a total footprint of 107.77 square metres (1,160 square feet), contrary to the zoning bylaw and over by 260.36 square feet/24.16 square metres.
Peakman told the board that he wanted to construct his detached garage in the centre of the backyard across the property line of lots 5 and 6, although the structure would serve only the one unit on the latter lot.
Meanwhile, he noted that after city hall denied his initial application in 2023, both parties discussed possible options, but he rejected the alternative that city officials suggested.
After reviewing the situation, the appeals board granted Peakman’s variance request for three reasons:
- It would not be a special privilege since the board would grant a similar appeal in the same district
- It would not be a relaxation of the zoning bylaw since it would not hinder the health, safety or general welfare of the community
- It would not injuriously affect the neighbourhood since the contraventions would have no negative effects on the adjacent properties or interfere with their use, while no one in the area was opposed to the project
The appeals board submitted its report to the May 13 regular council meeting, with council unanimously voting to receive and file the document.
The next regular council meeting is Monday, May 27.
