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Rules for building
Late development permit has councillors wondering if citizens know development rules

Tim Edwards
Northern News Services
Published Thursday, May 13, 2010

SOMBA K'E/YELLOWKNIFE - The issue of rules and regulations residents must follow when building on their own property was front and centre at city hall during a Municipal Services Committee meeting on May 3.

NNSL photo/graphic

The large white quonset hut to the left serves as a storage site for Corother's Home Building Centre, but was built without a development permit five years ago, as it was not meant to be a permanent structure. It turns out the quonset did need a permit, and city councillors are wondering whether Yellowknifers know they need permits for every structure they build. - Tim Edwards/NNSL photo

Recently the city noticed a Yellowknife business had a storage quonset constructed on its property, which was built about five years ago without a development permit, prompting some councillors to wonder if the public knows the rules for building on their property.

"Perhaps the public is not aware of the need for development permits," city councillor David Wind said.

The quonset hut, composed mostly of fabric, is a large storage tent in the back left corner of the Corothers Home Building Centre's property, when viewed from Old Airport Road.

According to owner Chuck Corothers, since the Home Building Centre is heavily entrenched in the construction industry, the company is well aware of the rules for development. But the grey area was due to the type of structure the quonset hut is.

Corothers said a southern company that came up to build the quonset, meant to be only a temporary structure at the time, had told him the structure did not need a permit, as it was not a traditional warehouse – it was not fastened permanently to the ground, and it did not have plumbing or electricity. The structure is basically similar to a giant tent.

"It would be good to know (the bylaw) applies to any structure, but really the due diligence lays on us," said Corothers.

"I don't know that I can blame the city for (the confusion). We should have looked into it at the time that we did it."

The hut was only discovered to have been built without a permit when the business was applying for a development permit for a new warehouse.

The Home Building Centre has now applied for a development permit with the city to clear up the quonset hut situation, but it needs city council to approve some variances as the quonset was built closer to the property lines than the zoning bylaw allows.

"Its difficult to address a setback once the structure is already there," said Coun. Paul Falvo. A setback is the minimum distance a structure can be built from the property lines. In the area of Yellowknife where Home Building Centre is located, that distance is 3 metres. The quonset is located 1.37 metres away from one property line on one side, and 2.65 metres on another side.

Administration recommended council approve the variances, as there have been no complaints about the quonset in its five years of existence. Falvo said he thought there should be some negative incentives for not getting a development permit before building structures.

"I think it's fairly common knowledge that if you want to put a deck on your property you have to get a permit," said Falvo.

Coun. Cory Vanthuyne disagreed, and said he would support an education campaign on development to coincide with the beginning of spring, and the construction season.

The variance request was approved unanimously by council on Monday.

Coun. Shelagh Montgomery and Coun. Lydia Bardak were absent.

-- with files from Alyssa Smith.

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