Approval given to buildings on property line

Written by Stu Salkeld

The Stettler County Municipal Planning Commission (MPC) granted a request from property owners who wanted buildings on a property line permitted.

The decision came at the July 26 regular meeting of the MPC.

The MPC is comprised of members of county council and is chaired by Coun. James Nibourg, who was absent from this meeting. Coun. Les Stulberg chaired the meeting instead.

Development Officer Jacinta Donovan presented board members with an application from Stan and Pat Brennan for a large setback variance at their property located in the Pheasantback Estates subdivision.

“The applicant is requesting a 46 per cent variance to the side yard setback for two existing ancillary buildings on Lot 3 Block 1 Plan 9720133, within the Pheasantback Estates subdivision,” stated Donovan in her report to the commission.

“A real property report for the subject property was prepared on Aug. 16, 2019. The report indicated the two ancillary buildings are not setback the required three feet (0.91 meters) from the side yard property boundary.

“A chain link fence and mature shelterbelt defines the property boundaries between the two adjoining lots.”

According to the Real Estate Council of Alberta a real property report is “…a legal document an Alberta land surveyor prepares. It’s basically a high level drawing of the property, the boundaries, and the buildings and structures on it, so buyers know exactly what they’re buying.”

The property in question is zoned country residence. The two buildings were described at the meeting as being 330 square feet and 80 square feet in size and photos of the buildings showed them to be a garage and storage shed.

Donovan noted Stettler County’s land use bylaw gives the MPC authority to grant a relaxation of the setback with some requirements such as ensuring that the relaxation doesn’t …”unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of adjacent parcels of land.”

Reeve Larry Clarke asked if the item came to the MPC as a result of the real property report or if neighbours had complained.

Donovan confirmed the Brennan’s application came to the MPC as a result of the issue revealed in the real property report, not as a result of a neighbour’s complaint. In fact, it appeared the Brennan’s also owned the neighbouring property.

Councillors unanimously approved the request for 46 per cent variance.


Stu Salkeld
Local Journalism Initiative reporter
ECA Review

About the author

Stu Salkeld

Stu Salkeld, who has upwards of 28 years of experience in the Alberta community newspaper industry, is now covering councils and other news in the Stettler region and has experience working in the area as well.

He has joined the ECA Review as a Local Journalism Initiative Journalist.

Stu earned his two-year diploma in print journalism from SAIT in Calgary from 1993 to ’95 and was raised in Oyen, Alta., one of the communities within the ECA Review’s coverage area.