98 The Beach

98 The Beach

Tuesday, June 4, 2019

Zoning Request Denied by Brockton Council

Brockton | by Robyn Garvey  

Marl Lake cottage owners have seen thousands in fines, fees.

For cottage owners Lianne Chumley and Phillip Eggleston it has been a one and a half year building code nightmare.

Their nightmare began when the Kitchener residents began a roof shingle replacement project on a building on their Marl Lake property.

That project revealed holes beneath the shingles due to black mold.

The mold was so bad, that Eggleston says they ended up replacing a wall and rebuilding the roof structure.

The problem is they did this without a building permit, which they claim they were unaware was a requirement.

Further investigation revealed the walls of the expanded structure is too close to the adjacent property and the expanded peaked roof which was extended actually encroaches on the neighbor’s property.

An adjacent property owner has taken issue with the fact that the peaked roof blocks the view of the water.

Chumley says since they realized their mistake of not having a building permit to replace, expand and peak the roof, they have been trying to make it right.  (They peaked the roof by an extra 2 feet to address the snow load that they say caused the mold)

This includes paying a 25 hundred dollar fine as well as financing subsequent zoning applications and survey costs.

In total they estimate they have spent close to 7 thousand dollars between the fine, zoning application fees and survey costs.

Chumley says despite the best of efforts it has been one road block after another.

The latest road block being Council’s denial of their request to create a special provision in the EP Zone to recognize their structure as well as to permit that structure to have an increase in height for the roof.

It is Chumley’s understanding this means they will have to remove the peak of their new roof as well as remove the expanded overhang. 

A County Planning report indicates the building in question which was on site years before the current owners purchased the property was also built without a building permit and is located in an environmental protection designation area. 

Which is why the applicants were also seeking a special provision in the Environmental Protection zone to recognize the existing structure as well as a permit to allow the increase in roof height and extension.

Mayor Chris Peabody says in denying the request, Council was following the advice of Brockton’s Chief Building Official who says the building is out of compliance. 

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