Another bylaw
Not as easy as one may think

by Ric Stryde
Northern News Services

NNSL (Aug 27/97) - The following story is based on one woman's quest to enlarge her backyard, and how she must go through the city, and how they pass a by-law, if they decide to let her do this.

Any names used in this story are based on fictitious characters, and any similarities to anyone living or dead, is purely coincidence.

Anyone attempting the same type of goal, is reminded that results may vary.

The story:

Cynthia would like to extend her backyard. She knows that there is an old lane that runs behind the fence, but nobody really uses it.

She thinks that because it is hardly being used, she should be able to extend her yard back 10 feet, effectively cutting off the hardly used path.

Cynthia goes to city hall to find out what to do. She is told by the receptionist that she must talk to the planning and lands department.

She speaks to them, and they feel that the request is warranted, that it is in the best interest of all parties, so they decide to write up a memorandum and a draft bylaw.

The two documents then move on to the office of the city clerk, who advises the department of enabling legislation.

The memorandum then becomes part of the draft bylaw, and proceeds to a meeting at the directors' level, where each of the city's departments review it and make comments, if necessary. It then proceeds to the city development committee.

The committee will then either require staff to amend the recommendation contained in the draft bylaw, or refer it back to planning and lands for more information, or send it on to city council.

In this case they don't see any problems with it so they send it to council.

At the council meeting there are plenty of things that can happen, the space can be enlarged, shrunk, referred back to a department, or killed on the spot.

In this story, an alderman asks city administration whether or not it is possible to only allow Cynthia to extend her yard back five feet. Their reason being that even though the lane is hardly used in the summer, snowmobiles do use it as a trail in winter, therefore there should be a enough space left for them to pass.

If administration does not know the answer to the question, the vote on the proposed bylaw is delayed indefinately, pending the answer to the question.

In this case, city administration says that that is possible, so council agrees to change the draft bylaw, right then and there, allowing Cynthia only five feet, to let winter traffic pass.

Proposed bylaws can be given all three readings they need to become law at a single sitting of council -- but only if all members of council are present.

Unfortunately for Cynthia, one member of council is absent, so they only do only two votes that night and it is to be given final reading at the next sitting.

All members are present for the next meeting, and the memorandum is given the final reading and is passed.

That is not the end of the journey though. The soon-to-be bylaw goes to the mayor and city administrator for signing, and then finally to the city clerk, for the stamping of the City of Yellowknife corporate seal.

It is now an official bylaw of the City of Yellowknife.

Cynthia, on the other hand, cannot extend her fence quite yet, she must now go back to the department of Planning and Lands to get a building permit ... but that's a whole different matter.