A decision has been made in regards to an appeal made by a landowner in Carbon who moved a house onto his property without the proper permit.
On Wednesday, February 20, the Village of Carbon’s acting CAO and Development Officer Tera Little issued a Stop Order to Crispen Sibanda, whose land is registered to Chris Maison Renovations, because he had a house moved onto his property without a Development Permit.
He went before The Regional Subdivision and Development Appeal Board on Thursday, March 21, in hopes of having the order lifted.
Sibanda was unsuccessful and the decision to uphold the Order was based upon the Land Use Bylaw it goes against, as well as the strict guidelines set by the Municipal Government Act.
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.”
The order was found to be properly issued because Section 27(3) of the Land Use Bylaw states, “Dwelling - Moved On is a discretionary use for the R-1 Single Detached Residential District” and Section 9(1) of the Land Use Bylaw states, “No development shall be undertaken unless an application has been approved and a development permit has been issued.”
Sibanda has 30 days from the date the decision was issued to make another appeal.
