An interesting decision came out of the Development Appeals Board recently. A fence variance for increasing the fence height to over 8 feet was granted for a property on Saskatchewan Crescent East. The appeal was granted because the fence backs onto a rear lane, so there was no neighbour positioned to claim it affected them, and no one submitted evidence that it did.
Now let’s consider 3 years ago in Fairhaven. I know shortly after the Fairhaven shelter opened, there were some residents who tried to raise their own fences and were told by bylaw enforcement they couldn’t. As far as I can tell, that’s where it ended for most of them because law abiding citizens take a bylaw enforcement’s direction as final. What I haven’t seen is any indication those residents were told by bylaw enforcement that the actual path is an appeal to the Development Appeals Board, which can grant exactly this kind of variance.
There’s a gap here. It’s not that the Board treats a nice street differently than Fairhaven. It’s that raising a fence in Saskatoon requires knowing the appeal process exists. So, if you’re in Fairhaven (or any other area) and want to raise your fence, here’s what actually gives you a shot (and do this before you actually start building it as getting approval first will ensure you don’t waste money and materials):
– Bylaw compliance can’t approve a variance, only the Development Appeals Board can. If you’ve been told no by a bylaw officer, that’s not a final answer, it’s the starting point for an appeal.
File with the Secretary of the Development Appeals Board, through the City Clerk’s Office. It costs $300. If you got an Order to Remedy, you have 30 days to file your appeal. I’d encourage you to apply first before building a new fence!
– Fences backing onto a lane, a park, or anything other than a neighbour’s yard have the strongest shot, because there’s no adjacent property owner positioned to claim harm. That’s exactly what carried the Saskatchewan Crescent decision.
– If your fence does face a neighbour’s yard directly, get a letter from that specific neighbour before the hearing. The Board weighs this heavily, and an appeal with no objection from anyone with actual standing is harder to turn down.
– If you’re arguing safety as a part of your application, it has to be tied to your specific address or block, not the neighbourhood generally. A police report for an incident at your property could carry weight. Using the line “the neighbourhood feels different now” doesn’t. That’s exactly the kind of general objection the Board has already rejected when a community association tried to raise it, and it would sink an appellant’s case the same way.
– Submit your materials at least five days before the hearing so they’re on the record.
None of this should require knowing how City Hall works, or a developer or a lawyer to figure it out. If the City wants this process to actually be equal, the fix isn’t how the Board rules, it’s making sure a bylaw officer’s “no” comes with a next step attached in every neighbourhood.
Follow the link if you wish to review the successful application in full detail: https://pub-saskatoon.escribemeetings.com/Meeting.aspx?Id=7a382970-02c5-47cd-a6c8-54069bfce834&Agenda=Agenda&lang=English&Item=4&Tab=attachments&fbclid=IwY2xjawUtJo5leHRuA2FlbQIxMABwZG9mAWJyaWQRMWpUN1pOalcza2V3SWh0RlJzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEezV0w_gO3Tja3GsgSb-gSTX-gvjgYCH-tIIH9WORLkrhCmT6JbhGp2as5Dyk_aem_7pGgkEJUHBgaCQ5cSDbbxg