Retaining wall contravening bylaw allowed to remain

Times-Herald photo by Lisa Goudy

The retaining wall at the home of 1301 Hochelaga St. W. that runs along 13th Avenue Northwest has been in place for 20 years. It is seen on the afternoon of June 17, 2014.

A retaining wall thats been in place for 20 years, contrary to a city bylaw, is not going anywhere.

After receiving a complaint of the retaining wall extending to the curb at 1301 Hochelaga St. W., city administration checked with city engineers for buildings permits and with the parks and recreation department for boulevard approval. No such approval or permit was found.

As there is no city sidewalk at the location and its within the 1.5 meters of the curb, the bylaw enforcement office sent owner Ronald Pohl a letter instructing him to remove the structure. A city report also said the structure prevents the passenger door of vehicles legally parking on 13th Avenue Northwest from opening.

Pohl appealed that letter at executive committee at Mondays meeting.

Why am I here? he said at the meeting. Ive had this retaining wall on the boulevard for the last 20 years. Ive never had a problem.

However, Coun. Candis Kirkpatrick said she finds it similar to the issue of the fence at Grace Street and 10th Avenue Northwest that was contravening the bylaw last fall. Council voted to uphold the city order and have the family make the appropriate corrections, which have been made.

I have difficulty disconnecting the two The bylaw is in place for a reason, said Kirkpatrick. I think that if we do allow this to stay as it is, we are definitely setting a precedent in this particular case and would have difficulty arguing someone else to do the same.

But Coun. Brian Swanson said he could remember what the yard looked like before the retaining wall was put in place.

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Retaining wall contravening bylaw allowed to remain