In a recent ruling, the Saskatoon development appeals board upheld regulations regarding a residence in the Nutana area that exceeded height limits. The board determined that making exceptions for the house would contradict the zoning bylaw’s purpose.
The property on University Drive, valued at $1.6 million, surpasses the maximum height permitted for homes in established neighborhoods by 1.4 meters and is wider than allowed. The violations were discovered during an inspection when the nearly finished home was inspected in May, prompting the city to issue a stop work order.
The current owners, Curtis and Rachelle Kelln, purchased the property from developer Karl Miller’s estate a year ago and claimed they were unaware of the size limitations. City staff, who conducted multiple inspections during the construction phase, failed to identify the violations. Despite the sympathy expressed for the homeowners’ predicament, the Varsity View Community Association’s president, Jonathan Naylor, emphasized the importance of upholding regulations to prevent negative impacts on neighboring properties.
Although pleased with the board’s decision, Naylor raised concerns about the oversight by the previous owner and city inspectors. Douglas Tompson, a neighbor of the affected property, also supported the ruling but noted that it did not address all issues raised.
Speculation abounds that the matter might proceed to court given its complexity. The Kellns are evaluating their options, with a potential appeal to the Saskatchewan Municipal Board within the next 30 days. An affidavit submitted by Curtis Kelln outlined the challenges in modifying the structure to comply with height restrictions without significant costs and reconstruction.