The County of Stettler Municipal Planning Commission (MPC) granted a certificate to allow a non-conforming house to remain “as-is,” but also intends to host real estate agents to discuss the problems such structures cause taxpayers. ECA Review/Screenshot
The County of Stettler Municipal Planning Commission (MPC) granted a certificate to allow a non-conforming house to remain “as-is,” but also intends to host real estate agents to discuss the problems such structures cause taxpayers.
The decisions were made at the March 22 regular MPC meeting.
The MPC is chaired by Coun. James Nibourg with the commission consisting of Stettler County council.
The MPC was considering the variance request of property owner Roxanne Wooden regarding her residence located at Lot 54 Block 2 Plan 052242 which is located near Buffalo Lake which documents stated sits on a 0.16 acre parcel.
Development Officer Rich Fitzgerald presented the application, noting the residence in question was actually developed as a garage.
“This property was purchased by the applicant in 2021,” stated Fitzgerald’s memo to council.
Readers should note Wooden was not the original developer of this property.
“At that time, it was marketed as having a detached dwelling on the subject property. Shortly after purchasing the property, the applicant contacted planning staff to discuss issues with what they believed to be the approach, located at the rear of the property.
“It was also discovered that there was no permit for the existing structure to be the principle building used as a dwelling. There is a permit from 2014, for an RV to be the principle structure, and the existing structure was approved to be an ancillary building (garage) with an overhead loft.”
Fitzgerald noted the building in question met setback requirements for a garage, but not as a residence, primarily as it was too close to the front of the lot.
He added in addition to purchasing the property the owner has invested a considerable sum in upgrading utilities, hence the request that the MPC grant a variance allowing the non-conforming residence.
Staff noted in their report council had three options: turn down the request, allow the variance request, or issue a certificate of non-compliance.
Fitzgerald explained the certificate would allow the residence to remain “as-is” but wouldn’t allow any renovations or expansions, and if the residence suffers any kind of damage exceeding 75 per cent it would have to meet all setbacks if rebuilt.
Nibourg stated the MPC sympathized with Wooden over this situation.
“We really do feel for you,” said Nibourg. He also asked when the services were installed, to which Fitzgerald answered when the residence was built.
Coun. Justin Stevens asked what the safety codes situation of this building is, to which Fitzgerald answered the owner had some inspections done and the residence met all inspections.
Coun. Les Stulberg stated he had no problem allowing the certificate as the owner played no part in the property’s non-compliance.
Reeve Larry Clarke stated he also sympathized with Wooden but wanted to know what the county’s liability would be in the event of a fire, for example.
During discussion Wooden asked if the certificate would transfer with the property if she sold it. Fitzgerald stated the certificate would transfer with the property as would all the conditions.
Board members passed by a 6 to 1 vote a motion to issue the certificate of non-compliance for the property in question, Coun. Dave Grover the lone dissenter.
Coun. Stevens further wondered that, as the owner seemed to have done her due diligence and brought the property through a professional real estate agent, was there no boundary of due diligence that real estate agents must meet to ensure the property they’re marketing is fully conforming.
Coun. Ernie Gendre stated the county dealt with a problem a few years ago in the Buffalo Lake area where a buyer was informed by a real estate agent that the buyer would own a piece of property right down to the water, which wasn’t true.
Stevens noted real estate agents belong to a professional association and wondered how such agents ensure the accuracy of the properties they’re marketing.
Stevens suggested inviting realtors to attend a meeting to discuss this issue.
Clarke agreed, and made a motion that staff invite realtors to a future council meeting for that purpose.
Stu Salkeld, Local Journalism Initiative reporter
ECA Review
