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Mundare Property Owner Allowed to Keep Fence
Mundare Property Owner Allowed to Keep Fence
Michelle Pinon - News Advertiser
Mundare town council voted in favour of allowing property owner Bill Rankin to keep his fence after a brief discussion during its Jan. 2 regular meeting.
Rankin had appeared before council on Dec. 12 meeting arguing that the diagram in the town’s Land Use Bylaw did not have a legend or indicate the allowable height for fences in front yards, only referring to the overall fence height of 1.85 metres or six feet.
Coun. Rick Patrie stated that, “Looking at the diagram that we have in our bylaw. Without having a legend there, I could see how it is not clear where a fence should or shouldn’t go. Obviously, he spent some money putting up the fence and stuff. I think it’d be a little bit of the shame to tear it down and make it shorter. So, I think we should let the fence stay where it is and we should correct the legend in our diagram and have a line in there so we don’t go down this road in the future.
Deputy Mayor Irene Talaga said, “Looking at the diagram it is deceiving, and I think we should look at re-doing that diagram and I agree with Rick we approve this for the time being.”
Coun. Patrie made the motion to remove stop work order for the fence. The motion was carried unanimously.
Coun. Glen Rozumniak made a subsequent motion, “That the LUB (Land Use Bylaw) be updated to clarify the fencing requirements. Motion Glen. Carried.
Previous to council’s decision, Chief Administrative Officer Colin Zyla had recommended to council that if the owner wishes to appeal the stop order he could go through the proper process.
The proper process would be to file an appeal to the Intermunicipal Subdivision and Development Appeal Board. There is a $600 fee to file an appeal.
Bill Rankin was present at the council meeting along with his wife Dana. Rankin responded to council’s decision by stating, "Despite Mr. Zyla's steadfast quadrupling down on his series of missteps including his misinterpretation of the LUB 906.20 (which he authored) and despite unanimous consensus by council that the bylaw is not as he interprets, I am relieved that common sense prevailed. I am thankful for council's timely, open eared response by overturning this completely baseless, unnecessary and stressful pursuit against us for motives still unknown. "
