BARRHEAD – A property owner's attempt to back permit a pole shed in a floodplain failed.
The County of Barrhead's municipal planning committee, during its April 2 meeting, followed administration's recommendation and denied the application.
Development officer Jenny Bruns said they learned about the 36-by-56-foot structure through the municipal assessor.
She said although the property is in an agricultural district and shops are permitted because a portion of the parcel is in the floodplain, it falls under the rules for Natural Area Policies in the municipal development plan.
The pertinent portion states, "No permanent structures will be allowed within the 100-year flood plain of any river, stream, or lakeshore unless proper floodproofing techniques are applied."
Bruns noted that the municipality requires a certificate from a registered professional engineer or architect to prove the work has been completed.
She noted that the applicant still needed to complete the work.
The policy also states that the municipality will encourage the preservation of floodplain and flood-prone areas in their natural state or the extensive use of these areas for agriculture, the county is to take measures to ensure that the potential liability to the municipality is reduced, and any development in flood-prone areas on municipal lands is limited to recreation.
Bruns noted that the pole shed had been placed entirely within the floodplain and flooded in the 1986 Pembina River flooding event. The structure also did not meet the county's setback requirements.
"It is a pole shed," Coun. Jared Stoik said. "It is not like it will be destroyed if it gets wet.
Bruns agreed but said the damage to whatever is in the structure might not come out unscathed.
Deputy Reeve Marvin Schatz said the property owner knew he was placing the shed on the floodplain.
"If he wants to take the risk, that is up to him," he said.
Bruns disagreed, saying that permitting a permanent structure in a known floodplain would open the municipality to potential liability.
Coun. Walter Preugschas asked if the shed owner would have to move it now that the municipality knows about it.
"Technically, it should be moved, and we have the option to enforce the bylaw as it shouldn't be in the floodplain," she said, adding she was more concerned about the potential liability. "By not permitting it, if something should happen, we free ourselves of liability."
Reeve Doug Drozd said the MPC had little choice but to deny the application.
"We have clear set rules, and this does not meet the criteria, so if we go against [administration's] recommendation and accept it, then we are not following our own rules," he said.
Coun. Bill Lane agreed and moved to deny the application.
Secondary temporary dwelling
The MPC approved a 960-square-foot mobile home as a secondary temporary dwelling.
Bruns stated the home is in an Agricultural District, and as such, second temporary dwellings are allowed at the council's discretion, under section 6.13 of the land-use bylaw, for three years, which can be extended indefinitely.
She noted that the home, which will be used as a guest house for family and friends, will be adjacent to the current yard site and meets all setback requirements.
Garage guest suite
The MPC also granted a back-dated permit for an 'as-built guest suite' as part of a two-story detached garage.
Bruns said the property is in an Agricultural District, and guest homes are a discretionary use.
She explained that a guest house differs from a dwelling in that they have one or two of the following: bedrooms, washroom facilities or a kitchen.
In the case of the applicant, he said the guest suite has a bedroom and a bathroom but no kitchen.
Tarp shed approval
Earlier in the meeting, the MPC also granted a back-dated permit for a tarp shed on a Neerlandia property, granting a variance despite the structure not meeting the sideyard five-foot setback.
However, the approval was conditional on the adjacent property owner's OK.
Bruns also said that the municipality will require the structure to be moved when it needs to be replaced.
