In a recent ruling, the Saskatoon development appeals board upheld the decision that a residence in the Nutana neighborhood surpasses height and width restrictions set by city regulations. The board deemed that granting an exemption for the house would contradict the intent of the zoning bylaw. The three-story property on University Drive, valued at $1.6 million, exceeds the maximum height limit for homes in established areas by 1.4 meters and also exceeds the allowable width.
The violations came to light during an inspection when the house was nearly finished, prompting the city to issue a stop work order. Despite the discrepancies, the current owners, Curtis and Rachelle Kelln, who acquired the property from the late developer Karl Miller’s estate, claimed they were unaware of the size violations. City inspections conducted during the construction phase failed to detect the non-compliance, raising questions about oversight.
Jonathan Naylor, president of the Varsity View Community Association, supported the board’s decision, emphasizing the importance of maintaining regulations to prevent negative impacts on neighboring properties. While acknowledging the difficult situation faced by the homeowners, Naylor stressed the significance of upholding zoning standards to preserve community aesthetics and functionality.
Neighbour Douglas Tompson echoed Naylor’s sentiments, expressing sympathy for the Kellns and highlighting their innocence in the matter. He suggested that the case might escalate to a legal battle given its complexity, with a potential appeal to the Saskatchewan Municipal Board within the next month. The Kellns refrained from commenting on the ruling as they contemplate their next course of action, considering the challenges and costs associated with potential structural modifications.