Experienced homeowners know the drill: make sure certificates are in hand and permits have been obtained before garages are built and fences are put up.
That’s exactly what Kendra and Scott McDonald of 169 Willow St. and attached neighbour, Doug Panchuk of 165 Willow St. did.
With grading certificates in order, the homeowners were given the green light by their builder, Pacesetter by Sterling Homes, to move forward with building their detached garages, finishing their rear property landscaping and putting up property line fences.
Fast forward a year and Panchuk’s side fence looks like it’s ready to fall over and the McDonalds are left scratching their heads as to how they will be able to get into their garage. The planned paving later this month will leave a shortfall between their back property lines and their future paved laneway of around one foot.
Both sets of homeowners are also concerned that retaining walls will have to be put up between their properties as well as the back fence of the McDonalds’ property.
“At what point are there checks and balances?” questioned Kendra, who said she is frustrated by the inability of either the developer, LaVita Land, or Pacesetter to assume responsibility and provide concrete assurances that the issues would be rectified.
“Our goal isn’t to throw anybody under the bus, it’s to instigate action … we just want acknowledgement and reassurance,” said Scott.
“What we envisioned – we’re not getting,” said Panchuk, who took possession of his home in the Willows community a year before his attached neighbours – in September of 2015.
LaVita Land, who has been in regular contact with the concerned property owners, advised the Eagle that they would not provide comment at the present time.
Multiple attempts to reach Sterling Homes were made and the Eagle was unable to reach the builder by press time.
Ryan Stewart, manager of engineering for the town, explained that the town is the approving authority with setting elevations along property lines.
“After a home is built and the lot is graded, the homebuilder has the lot surveyed to demonstrate the lot is within the acceptable tolerances – outlined in the town’s Surface Drainage Bylaw – of the approved elevation,” explained Stewart, adding that a copy of the lot grading certificate (LGC) is then sent to the town for record purposes.
The current grading concerns were brought to the attention of the town’s engineering department two weeks ago.
“We looked in the property file for the LGC to see what the elevations were along the lane at the time the survey was taken. It was noted on the LGC at the time of the survey – summer of 2015 – that the grade differences were not within the acceptable tolerances.”
In essence, the responsibility for the grade falls back to the builder.
Stewart confirmed the town is working with the builder and developer to seek a solution, but has granted some flexibility with bringing the asphalt line up, but not to where the applicant had requested, as this would be in violation of the town’s drainage bylaw.
“Ultimately, we can’t compromise the safety of that lane,” said Stewart.
At present, the trench depth that was dug in early May by Volker Stevin in preparation for the paving has created a two- to three-foot depth.
According to marker lines (as indicated in the photo) the plan is to bring the asphalt up to roughly a foot below the level ground of where the Willow Street homeowners’ garages are built.
From the McDonalds’ perspective, the grade will simply be too steep for an apron and access to their garage is highly unlikely. It remains to be seen whether an apron will provide enough access to Panchuk’s garage or not.
From Stewart’s perspective, the McDonalds’ garage slabs will need to be lowered. If this cannot be done, the garage may have to be taken down and rebuilt.
Stewart said that while minor grading issues are common, “elevation differences of this magnitude are not common … seasonal construction or rain/erosion was not a factor in this instance.”
Paving of the rear lane by Volker Stevin will take place over the coming weeks.
