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Dispute over Fence Height Emerges during Mundare Town Council Meeting
Dispute over Fence Height Emerges during Mundare Town Council Meeting
Michelle Pinon - News Advertiser
Mundare resident Bill Rankin appeared before Mundare town council Dec. 12 to discuss issues arising from a fence in his front yard.
Chief Administrative Officer Colin Zyla stated in a request for decision that Mr. Rankin built a fence in the front yard of his house and on the lot to the east of his house which he purchased. He noted that the two lots have been amalgamated onto one title. “The fence in front of his house is four feet high. The portion in front of the lot to the east is over four feet as it is built on a retaining wall.”
Zyla pointed out that, “Our current Land Use Bylaw (LUB) does not allow fences in the front yard nor on empty lots. However, according to Section 4.9.1 of the LUB, “The maximum height of a fence shall be 1.85 meters.” That is the approximate equivalent of 6.07 feet.
On Nov. 2, Zyla issued a Stop Order, stating that the fence in the front yard and on the adjacent lot had to be removed. Rankin had until Nov. 16 to appeal the decision and Nov. 18 to remove the fence.
Rankin told council he did not receive the letter of notification until after that deadline and that it was because it was addressed general delivery and not addressed to his mailing address. Rankin also advised council that Zyla had entered his property without notice or permission on Sept. 25, violating Section 2.9 of the LUB regarding Right of Entry.
According to Section 2.9:
2.9.1 Upon reasonable notice (generally to mean 48 hours) to the owner or occupant, in accordance with the Municipal Government Act, the Development Authority or designate may enter property at reasonable times (generally to mean 7:30 a.m. to 10:00 p.m.) to ascertain if Bylaw requirements are being met.
2.9.2 A person shall not prevent or obstruct the Development Authority or designate from carrying out any official duty under this Bylaw. If consent is not given, the Town may apply to the Court of Queen’s Bench for an authorizing order.
Rankin asked members of council if they were aware of the Stop Order or had any input or voted on the matter. He was told no by each member of council. Zyla pointed out that he has authority to issue Development Permits or Stop Orders and these do not have to go before council.
Zyla argued that based on the diagram in Section 4.9.6 that no fencing was allowed in the front yard. But that was also disputed and challenged by Rankin. No elevations or height requirements are visible on the diagram.
Coun. Glen Rozumniak said the diagram doesn’t show any fence, just the property line and that the maximum allowable height for a fence is 6 feet according to the LUB.
Zyla said an extension on the deadline to remove the fence was granted to Jan. 15, 2024. There was no mention of a deadline to appeal to the Subdivision and Development Appeal Board. The Town of Mundare charges $600 for filing an appeal. Rankin pointed out that the Province of Alberta does not charge any fee for appeals.
Mayor Cheryl Calinoiu said there was nothing council could do about the Stop Order, but that council could address the LUB. “We can discuss the bylaw and move on from there.” The next meeting of council is scheduled for Jan. 2.
