Kings County council has overturned an earlier decision on an appeal of a setback variance for a proposed dwelling for East Dalhousie.
Council voted Nov. 1 to overturn development officer Mandy Burgess’ previous decision to grant a setback variance for a proposed house on Birchgrove Drive in East Dalhousie. The applicant, Andrew Dickson, was initially granted a variance of 15 feet from the required front yard setback. The house would have been set back 30 feet from the road instead of 45.
Area property owners Paul Evans, Gordon and Marjorie Anderson, Ann and Claude King and Gilbert Falkenham appealed Burgess’ decision. The property owners argued they or others had tried to develop the lot in the past only to be turned down.
However, no paper trails exist at the municipality. No county building permit would be issued without approval for an onsite septic system by the provincial Department of Environment either, whether or not the variance was granted.
The applicant was not present for the Nov. 1 hearing. Although staff notified those appealing the decision of the time and place, apparently it was overlooked to send notification to the applicant. The applicant’s lawyer has since notified the municipality it received no notice or information about the appeal until Nov.2 .
On motion of Coun. Wayne Atwater and deputy warden Janet Newton, council voted Dec. 6 to rescind the Nov. 1 decision and schedule a new hearing for Feb. 7.
The passed resolution said the applicant “should have been given the opportunity to respond to the arguments of the appellants based on the requirements of natural justice and the duty of fairness.”
