In a recent ruling, the Saskatoon development appeals board upheld regulations regarding the height of a residence in the Nutana neighborhood. The board determined that allowing leniency on the height restriction for the house would contradict the zoning bylaw’s purpose. The three-story property on University Drive, valued at $1.6 million, surpasses the maximum height permitted for homes in established areas by 1.4 meters and also exceeds the allowable width.
The violations were identified during an inspection when the construction was nearly finished in May, prompting the city to issue a stop work order. The current owners, Curtis and Rachelle Kelln, who acquired the property a year ago from the late developer Karl Miller’s estate, expressed unawareness of the size limitations.
City officials, including inspectors who visited the site during construction under Miller and later under a different contractor hired by the Kellns, failed to detect the discrepancies in the house’s dimensions.
Jonathan Naylor, president of the Varsity View Community Association, commended the board’s decision, emphasizing the importance of regulations to prevent oversized structures that could impact neighboring properties negatively. While acknowledging the owners’ predicament, Naylor highlighted the potential adverse effects of excessively large buildings on privacy, shading, drainage, and green space.
Despite supporting the ruling, Naylor raised concerns about oversight lapses by the previous owner and city inspectors. Douglas Tompson, a neighbor of the property, echoed Naylor’s sentiment, acknowledging the homeowners’ innocence in the matter and speculating that legal action might be necessary to address the complexities of the situation.
The decision by the development appeals board, chaired by Nick Sackville, can be challenged before the Saskatchewan Municipal Board within the next 30 days. The Kellns refrained from commenting further as they deliberate on their next course of action, considering options such as potentially costly alterations to comply with the regulations.
