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The patio stays, the bylaw suffers

Published on October 29th, 2007
Published on June 20th, 2010
Staff ~ The Guardian

Charlottetown councillors obviously feel there's no point in asking a city resident to tear down a patio deck that was built without a building permit. But their recent vote against making her demolish the structure could have negative consequences. In effect, council is undermining its own bylaws and gives reason to others to treat them lightly as well. That's not good governance.

Melanie MacDonald had requested a side-yard variance to permit a deck at her home at 15 Olde Brighton Lane. However, before the permit was granted, construction proceeded, to the objection of area residents.

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Charlottetown

Charlottetown councillors obviously feel there's no point in asking a city resident to tear down a patio deck that was built without a building permit. But their recent vote against making her demolish the structure could have negative consequences. In effect, council is undermining its own bylaws and gives reason to others to treat them lightly as well. That's not good governance.

Melanie MacDonald had requested a side-yard variance to permit a deck at her home at 15 Olde Brighton Lane. However, before the permit was granted, construction proceeded, to the objection of area residents.

At last week's council meeting, Coun. Kim Devine, chair of planning, forwarded a resolution asking that council reject the permit application. The majority of councillors, however, voted against it, meaning the deck can stay intact.

On one hand, it may seem extreme to ask someone to tear down something he or she has already invested money in. But how does council deliver the message that its bylaws should be treated seriously? If everyone proceeded with construction before obtaining the necessary permits, city council would have no control over development in the capital city.

City residents pay taxes and elect councils to manage their affairs in their best interests. Upholding their own bylaws is one of the more basic responsibilities entrusted to councillors.

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