Winnipeg city hall opens door to oversized garage built without permits

The City of Winnipeg is allowinga homeowner in a semi-rural Charleswoodneighbourhood to keep an oversized garage that was built without taking out any permits.

City council's appeals committee voted Wednesday to allow a two-storey, 4,900-square-foot garage to remain on the property of Tylan Unruh, who lives in the Wilkes South neighbourhood a low-density rectangle of southwest Winnipeg that encompassesagricultural land, light industry and large-lot residential properties.

According to a report to council authored by City of Winnipeg planner Donna Kane, Unruh built the garage without taking out a development permit or a building permit.

The garage is four times the size of a structure normally permitted on a residential lot, she wrote, adding Unruh stated in a letter he needed the extra space in order to store "vehicles, maintenance equipment and recreational assets" thatinclude a camper, a motorhome, a six-space snowmobile trailer and a watercraft.

Darren Van Wynsberghe, who lives next door to Unruh, complained about the garage to the city.

"This is crazy, how big it is," Van Wynsberghe said in an interview at the edge of his property. "My backyard used to be like a park. Now I feel like I live in an industrial park."

Following the complaint, Unruhapplied to the city for a variance that would allow his garage to remain. The property department turned him down, noting the size and height of the garage are well outside of what's permissible.

Unruhthen made a successful appeal against a recommendation by Kane not to approve the garage.

An appeals committee made up of councillorsVivian Santos (Point Douglas), Cindy Gilroy (Daniel McIntyre), Shawn Dobson (St. James) and chair Brian Mayes (St. Vital) voted 3-1to approve the appeal. Dobson was the lone dissenting vote.

Mayes said he voted to approve the garage in order to be consistent. Other city councillors, he said, have voted to approve variances and even unpermitted structures in his ward.

"If we're concerned about the views of the neighbours in some parts of the city, maybe we should think about that in other parts of the city," Mayes said Thursday at city hall.

'Slap on the hand': councillor

Coun. Evan Duncan (Charleswood-Tuxedo-Westwood)said he was shocked the appeals committee didn't issue a denial instead.

"The message that residents are getting from this, especially in that area, is that don't worry about a permit. You know, you can go through the processes of appeal and essentially get a slap on the hand," he said.

The appeal committee ordered Unruh to plant trees along the edge of his property. He was also subject to fines for failing to take out permits, Duncan said.

Van Wynsberghe also expressed dismay at the decision.

"It sets a very bad precedent for Charleswood and the whole city, because this is now what people can do," he said.

"There's no need to pull a permit. Just build it and the city will give you a small fine at the end, and just pay your small fine and you get away with it."

WATCH | City committee allows garage to stand:

A garage in Winnipeg's Wilkes South neighbourhood divides members of city council

5 months ago

Duration 2:10

City hall is allowing a homeowner in the Wilkes South area of Charleswood to keep a garage he built without a permit. The city says it's four times the size of what is allowed. When the homeowner applied for a variance, the city's planning department turned him down. On Wednesday, city council's appeals committee overturned that decision.

John Wintrup, a planning consultant employed by Unruh for the purposes of the appeal, said his client was not aware a permit was required to build the garage.

It replaced a small structure that used to stand on the property, Kane said in her report.

Wintrup argued Wilkes South has a rural feel to it and said Unruh's property does not resemble a residential lot ina more densely populated neighbourhood.

"This property is the size of a CFL football field and we're putting in a barn on it," he said.

Wintrup also noted the presence of stables and industrial operations on other properties in Wilkes South. Van Wynsberghe, he noted, runs a landscaping business on an adjacent property.

Van Wynsberghe said he is speaking to Duncan about what, if any, steps he can take now that council's appeals committee has made a decision.