Property owner appeals Carbon stop order | DrumhellerMail
Last updateFri, 17 May 2024 12pm

Property owner appeals Carbon stop order

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On Tuesday, February 20, the Village of Carbon’s acting Chief Administrative Officer and Development Officer Tera Little issued a Stop Order to two businesses because a house was moved to a parcel of land without a Development Permit.

The owner of the house Crispen Sibanda, whose land is registered to his business Chris Maison Renovations, and the company McCann’s Building Movers LTD that moved it on Thursday, February 15, were both issued the orders, after the Village received reports the dwelling was transported to #1 Diamond Valley in Carbon. The home was placed partially on Municipal Land and in too close of proximity of a fire hydrant.

The Lands known as Plan 1011734, Block 15, Lot 1, is zoned for R-1, meaning “Single Dwelling Residential District” according to Land Use Bylaw 2018-804. The home in question is classified as “Dwelling-Moved On” meaning that, according to the Bylaw, it is “a single detached dwelling that has previously been lived in used as a residence or other purpose in a previous location and is proposed to be relocated to a new parcel for use as a dwelling.”

“Let me emphasize that prior to the house being brought to the Village I went through all the proper channels of this, inquiring about the whole process of making these changes to our project,” states Sibanda in an email to the Village of Carbon’s council members. “I did also mention the sensitive timeline to any of the parties involved in said inquiry. I understand that decisions do take time to be made but let me assure you that had we been given an answer within a certain timeline, we would not be having this conversation. My last inquiry was in January 2024. At that time I was told I would get information on what the next steps would be.”

Sibanda also states in the email the house, which he saved and intends to have his family reside in, was salvageable and fit for use. He had multiple inspections conducted on it, and that it has the potential to be a heritage home. He also plans to remodel the dwelling.

“I am aware that the present state of the house is unfavourable. However, we have the intention of gutting it out and implementing changes. We are willing to work with the Village and follow due process.”

“It is the position of the Development Authority that the Order should be upheld, without modification, given that the structure was placed on the Lands without authorization. This is a clear and direct contravention of the Land Use Bylaw. The structure should be removed from the Lands, from adjacent property and from within the Village boundaries,” it states in the Stop Order issued by Little.

An appeal of the order was made to the Regional Subdivision and Appeal Board where a hearing was held over Zoom on Thursday, March 21, 2024.

There were several people in attendance and those involved believed that it was a fair hearing.

A lawyer is set to start drafting the decision which will have to be reviewed by the board.

The written decision should be completed and issued within the next couple of weeks and will be posted to the Parkland Community Planning Services website.

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