Driveway does not comply with Bylaw
What is the best course of action for a new homeowner who just received a notice of two bylaw violations:
- 2 feet setback from the neighbour, and
- too wide of a driveway (currently 8 meters) needs to be 6 meters.
The original driveway is asphalt, the extension is concrete. The concrete extends 1.5 feet from the owner’s property line. The neighbour also has a concrete walkway/driveway. The neighbour’s concrete is right to their property line.
The owner bought the house with all of this already done.
Answer:
Depending upon what municipality it is, the local Councillor may be of some assistance.
I would assume that the two issues do not comply with the present by-law. So, when was the by-law set in place, and when were these two installations made?
The possibility is that these two matters may be “legal non-conforming uses”, that is, they predated the bylaw, in which case, they may continue.
For some municipalities there may be a “work around”, they might be allowed to keep it in place if they plant a tree, pay for a tree permit, so that the municipality, can plant a tree, or assist with water runoff by installing a french drain.
It sounds like an application to the Committee of Adjustment may be required in this case.
Brian Madigan LL.B., Broker