Latham building removal opposed
Development Appeal Board to rule on 'Decorby shack'
Shane Magee
Northern News Services
Friday, June 19, 2015
SOMBA K'E/YELLOWKNIFE
The city's Development Appeal Board heard overwhelming support for a man trying to restore a heritage building which he illegally placed on Commissioner's land on Latham Island.
Spencer Decorby is appealing an order from the city to either remove this building from Commissioner's land on Latham Island near Morrison Drive or see it demolished. - Shane Magee/NNSL photo |
The quasi-judicial board met last week after Spencer Decorby appealed the city's order to remove the building he placed earlier this year on a lot behind his home at 24 Morrison Dr.
"This building is still deserving the care I plan to give it," Decorby said about the structure constructed in the 1940s by Joe Herriman who once owned Ragged Ass Mine at Hidden Lake.
That means it has heritage significance, Decorby said.
On April 25, a neighbour contacted a city councillor to complain about the building placed on Commissioner's land along the western edge of the island.
A second person also noted the issue, identifying the owner as Decorby.
A city investigation determined the "Decorby shack" wasn't supposed to be there and he did not have a lease for the lot.
He was contacted and asked to remove the building. A notice advising Decorby to remove the building was issued April 30 and an appeal triggered the board hearing June 11 at city hall.
Decorby claimed a person who previously held the lot lease and who has been paying taxes on it since the lease expired gave him verbal permission to place the building there.
Asked if he had proof of that agreement, he said no.
"They said 'Have at it,'" Decorby told the board.
He also admitted he was not aware he needed a development permit for a structure larger than 10 square metres.
He called for the city to hold off on enforcing the order until the winter, when the ice is thick enough to use a front-end loader to move the building from the current location to an approved spot.
About a dozen members of the public attended the meeting and those who presented to the board were in support of Decorby.
Multiple people pointed out that there are plenty of unauthorized uses of Commissioner's land along that stretch of the island, but the city seems to only be cracking down on Decorby.
He said there are about 100 improvements of various types between Lessard Drive and Ndilo.
The land between Lessard and Otto Drive has been flagged by the city as a potential area for a park in its Harbour Plan.
Former city councillor Mike Byrne said unauthorized use of Commissioner's land in the area has been the cause of a lot of angst.
"It would appear what is OK for some, is not OK with others," Byrne said.
Ray Weber added, "This is just a pissing match over this land."
Ruth McKeown, a member of the city's heritage committee, said she believes the building is too important to lose and is fine where it is.
"I think I would be very, very upset if the city goes there in a week or so or whenever and knocks that house down," she said.
Historian Ryan Silke spoke about the historical significance of the building, describing its features lovingly.
"In my opinion, it's a treasure," Silke said, imploring the board to find a suitable outcome that would save the building.
Kerry Penney, the city's lawyer, said there are two separate issues at play: the heritage value and whether Decorby had the right to place the building there.
"It's an unfortunate situation and I sympathize with the difficulty of it," she said.
The board met after the hearing to reach a decision. It can uphold the original removal order, can modify the order or it can withdraw the order.
Decorby will receive a written copy of the board's decision within 60 days of the hearing.
