Prince George City Council granted a development variance permit for a property where an administrative error led to building in the wrong spot.
City Council was presented with another variance in July for the same property located at 2239 Croft Road, after a bylaw complaint was received in April regarding the location of the foundation and deck posts.
A review of building permits found an administrative error, where the side of the yard in question was erroneously identified as the rear setback.
“The building permit was issued based on an incorrect understanding of the lot orientation and the location of the rear yard setback, resulting in the foundation and the structure being constructed in a location that does not comply with the bylaw,” said Director of Planning and Development Deanna Wasnik.
The variance presented in July sought to decrease the minimum rear yard setback from six metres to 1.17 metres. This variance was denied, which led to a stop work order for the home being built.
City Council was presented with another development variance at last week’s meeting, which also sought to decrease the minimum rear yard setback to 1.17 metres.
“Administration is recommending that the issuance of the permit be withheld until a security deposit in the amount of 120 per cent of the landscaping costs is provided to ensure the landscaping is completed,” Wasnik added.
Councillor Trudy Klassen asked what would happen if the variance was defeated.
“If it’s defeated again this evening, the stop work notice would remain in place,” Wasnik responded. “We would have to see, I guess, from the applicant’s side of things, how they choose to pursue the next steps to be take.”
“I’m assuming some costs would come to the City in that case, because it was our error?” Klassen asked.
“Potentially,” Wasnik added.
Councillor Cori Ramsay called it a challenging situation.
“An error was made an I think we have to look at the best course of correction for the taxpayer,” Ramsay said. “The reality is that approving the variance is not ideal for the neighbouring property, but not approving the variance means that likely the City is on the hook for a $300,000 plus bill.”
Wasnik added that within the zone a detached structure ancillary to a principal dwelling, such as a secondary house or a shed would be able to be built to the setback requested.
“Recognizing this is the principal dwelling and it has the attached deck, that this is a significant ask for a reduction from 6 metres to 1.17, but a detached structure under this zone could be built at this location,” she explained.
The variance was granted with Mayor Simon Yu, and Councillors Brian Skakun and Kyle Sampson opposed.
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