ENTERPRISE
The Hamlet of Enterprise is facing a curious dilemma.

John Leskiw II: mayor of Enterprise says, if a hamlet bylaw exists, it should be enforced. - NNSL file photo

The community government has to decide whether to enforce a zoning bylaw that has been on the books for about six years, but has never been enforced.

The matter was discussed at length during the March 9 meeting when community resident Mathew Gauthier, who wants to build a house this summer, appeared before council.

Gauthier was there to seek clarification on some of the requirements under the zoning bylaw, such as how close his house could be to the property line.

During his appearance he questioned the non-existence of an appeals board, which is required under the regulation.

"If you can't implement all parts of the bylaw, does the bylaw even stand?" he asked.

Mayor John Leskiw II explained the reason why this issue has suddenly arisen is because Gauthier is building on land to which he has title, and therefore that has to involve a hamlet zoning bylaw.

Leskiw said most of the other buildings in the community are on leased land, which can be covered by GNWT regulations.

Councillors expressed sympathy for Gauthier's concerns, especially the fact that the process of establishing a functioning zoning bylaw might push his construction past the coming building season.

During the debate, some councillors suggested the bylaw continue to exist unenforced in the name of fairness.

Coun. Jim Dives, who is also planning to build a new home this summer, noted a number of structures have been erected since the bylaw was created in 2009.

"It's never been enforced. There's never been any kind of development permit required," he said, adding he would like the hamlet to offer himself, Gauthier and anyone else planning to build the same consideration as everybody else who has built in the past. "That's just fairness."

Coun. John Leskiw III also objected to suddenly enforcing a bylaw that had never been enforced, noting hamlet residents should be given ample notice before it is enforced at a future date.

"We shouldn't just say as of today we're enforcing something that we haven't for six years," he said. "That's not very fair."

Mayor Leskiw disagreed with these councillors' suggestions, urging the group direct administration to operate by the book.

"Whether we agree with it or not, it's a bylaw. We have one," he said. "Do we continue like everybody else and just say, 'We got a bylaw. Let's ignore it.'"

Under that way of thinking, there would be no need for a council, he argued.

"Let's just have anarchy. Everybody do what they want and everybody will be happy, I'm sure," he said.

Dives gave the issue some historical contest, noting the zoning bylaw was put in place simply because Enterprise became a hamlet in 2007 and it was "cut-and-pasted" from somewhere else.

"It does not fit the needs of our community and it's incomplete because we don't have an appeals board," he said.

Hermann Minderlein, the hamlet's senior administrative officer, said he has a duty to enforce bylaws, and council has that same duty.

"I would hate to have somebody given permission to do something that's illegal," said Minderlein, noting that person might then be forced to relocate a house in the future and then sue the hamlet.

Dives said his main concern is about permitting under the zoning bylaw, noting the hamlet has never before issued a building permit.

"One of the things that drew me to this community in the first place is that I didn't require a permit to build," he said.

He predicted it could take three months at minimum to amend the zoning bylaw, including time for public consultation, and that process could stretch into this summer's building season.

At the March 9 meeting, council passed motions directing administration to research the zoning bylaw with the GNWT and bring back information for amendments, to contact the GNWT to determine the legality of the bylaw and the duty of administration and council to enforce it and to advertise for community residents interested in sitting on an appeals board.

Minderlein noted that, in the absence of an appeals board, the Department of Municipal and Community Affairs could act as an appeals board for the community.