79 Ch. Fraser | Saved by the judge

stolenottawa · #1 Posted **Jul 21, 2021, 1:35 PM**

I don't know if anyone saw this, but I found it pretty crazy.

A judge ordered the demolition of a house because the city made a mistake.

https://www.ledroit.com/actualites/justi...rdonnee-b0930f80defda600b7b99dc00e90f6d1

rocketphish · #2 Posted **Jul 21, 2021, 4:50 PM**

Quote:

Originally Posted by stolenottawa

I don't know if anyone saw this, but I found it pretty crazy.

A judge ordered the demolition of a house because the city made a mistake.

https://www.ledroit.com/actualites/justi...rdonnee-b0930f80defda600b7b99dc00e90f6d1

Here's the English story. Hard to argue that this house isn't out-of character with its surrounding neighbours.

https://www.cbc.ca/news/canada/ottawa/judge-orders-aylmer-mansion-demolished-1.6110841

Streetview:
https://www.google.ca/maps/@45.380351,-7...hW6cnhSGTGN5tEQ!2e0!7i13312!8i6656?hl=en

jt-mtl · #3 Posted **Jul 22, 2021, 3:32 AM**

Very sad and feel for the homeowner though the city approved it. Now after their 4 neighbours took them to court, they have to take the home down:

https://ottawa.ctvnews.ca/gatineau-que-m...must-be-demolished-judge-rules-1.5518156

A multimillion-dollar home in Aylmer must be demolished because it was built too close to the street, a Quebec judge has ruled.

The nearly $3-million home at 79 chemin Fraser was built seven metres from the street, instead of the minimum 15.67 metres. Nearby residents opposed to the home’s construction say it doesn’t fit with the rest of the neighbourhood.

Harley613 · #4 Posted **Jul 22, 2021, 3:52 AM**

Absolutely fucking ridiculous and wasteful. Nimbyism, jealousy, and pettiness.

YOWetal · #5 Posted **Jul 22, 2021, 9:49 AM**

Given it was city error we all will pay in this case as I am sure homeowner will win his lawsuit get back the cost of the house and more.

It's a large house but it's not obnoxiously close to the street. Yes rules should be followed and if he deliberately broke the rules the punishment would be fitting but in this case it's just crazy.

Proof Sheet · #6 Posted **Jul 22, 2021, 10:33 AM**

Quote:

Originally Posted by YOWetal

Given it was city error we all will pay in this case as I am sure homeowner will win his lawsuit get back the cost of the house and more.

It's a large house but it's not obnoxiously close to the street. Yes rules should be followed and if he deliberately broke the rules the punishment would be fitting but in this case it's just crazy.

Does anyone know what happened to the City employee(s) who made the error? Likely got promoted to a managerial level

Do the City of Gatineau staff have the standard motto of deny, delay, deflect?

waterloowarrior · #7 Posted **Jul 22, 2021, 11:28 AM**

16 metre minimum front yard setback, that's a new one for me lol. A typical setback in an Agricultural zone would be 10m.

rocketphish · #8 Posted **Jul 22, 2021, 11:58 AM**

I wouldn't use the term NIMBY in this case. IMO, NIMBY's generally oppose projects that are allowed, but they just don't want it near them. In this case, the home in question is in violation of the law. It's a tough situation for the homeowner, but demolishing the house is the right thing to do to remedy the situation and avoid setting a precedent. Of course the homeowner will sue the City and win, so it sucks for all you Gatineau tax-payers.

Proof Sheet · #9 Posted **Jul 22, 2021, 12:00 PM**

Quote:

Originally Posted by waterloowarrior

16 metre minimum front yard setback, that's a new one for me lol. A typical setback in an Agricultural zone would be 10m.

So enough for 3 cars parked in a line with a double garage full of junk.? The driveway looks like it could fit 3 cars next to one another. Crazy huge driveway and it didn't meet the requirements?

If you look on satellite view on Google I believe this house has a huge dock on the Ottawa River which I would be surprised if that meets requirements.

16 m is a crazy setback. I would be surprised if Rockcliffe Park has that.

Acajack · #10 Posted **Jul 22, 2021, 12:10 PM**

I'd be willing to bet the house doesn't get demolished in the end.

Aren't there other legal recourses for the owner?

phil235 · #11 Posted **Jul 22, 2021, 12:21 PM**

Quote:

Originally Posted by Acajack

I'd be willing to bet the house doesn't get demolished in the end.

Aren't there other legal recourses for the owner?

A bit oddly, it's the City that has been defending the action, so the City has the option of appealing on his behalf.

J.OT13 · #12 Posted **Jul 22, 2021, 12:38 PM**

I agree with rocketphish that this isn't NIMBYism, but not sure demolishing the house is the solution as that would be quite wasteful.

McMansions should be out-right banned. McMansions maintain, or worse reduce, the density of the lot, which goes against what we are trying to do. Ottawa had it right when the new O.P. had a stipulation that a new home could not be bigger than the existing home unless it was multi-units. Of course, they removed that stipulation to appease the wealthy.

le calmar · #13 Posted **Jul 22, 2021, 12:45 PM**

That dock on the river has to be 50 m long. I highly doubt this is legit.

silvergate · #14 Posted **Jul 22, 2021, 12:45 PM**

Quote:

Originally Posted by J.OT13

I agree with rocketphish that this isn't NIMBYism, but not sure demolishing the house is the solution as that would be quite wasteful.

McMansions should be out-right banned. McMansions maintain, or worse reduce, the density of the lot, which goes against what we are trying to do. Ottawa had it right when the new O.P. had a stipulation that a new home could not be bigger than the existing home unless it was multi-units. Of course, they removed that stipulation to appease the wealthy.

While that house isn't contributing positively to density, they should probably address the 15m setback from the road - could probably add 2 more rows of houses along that street!

TheBrain · #15 Posted **Jul 22, 2021, 7:40 PM**

Maybe a dumb question but, can't they lift it and move it back?
Probably cost quite a bit but I'm sure it'll be less than a demo and rebuild.

Looking at google maps they have room in the backyard unless they are already at the limit cause of the river? The house a few doors down is closer to the river but it might be grandfathered in.

rocketphish · #16 Posted **Aug 30, 2021, 4:55 PM**

City of Gatineau to appeal demolition of Aylmer mansion
House at 79 chemin Fraser built too close to the street

CBC News
Posted: Aug 29, 2021 4:00 AM ET | Last Updated: August 29

A Gatineau, Que., homeowner will have to wait longer to find out if the mansion he built nearly eight years ago in the city's Aylmer sector will be torn down.

The City of Gatineau has announced it will appeal a decision to have the house at 79 chemin Fraser demolished because it violated zoning bylaws after being built too close to the street.

The decision rendered by Judge Michel Déziel on July 20 quashed an earlier resolution adopted by Gatineau city council in 2014, which had granted a minor zoning exemption.

The 51-page judgment from the Superior Court of Quebec said the city made the resolution to protect itself, causing both the homeowner, Patrick Molla, and his neighbours to suffer.

Molla had all the permits to build when he started construction on the home, but an internal investigation at the city concluded he was mistakenly given permission.

An official erred by not knowing article 116 of the zoning bylaws, which establishes minimum distance between a home and the street, the city found.

Molla has since brought a $3.6 million lawsuit against the city. Many neighbours have also complained the three-storey luxury home doesn't fit the tone of the area.

In an email to Radio-Canada, the city said the decision to appeal was supported by its insurers and it wouldn't comment further on why it was taking that step.

https://www.cbc.ca/news/canada/ottawa/city-of-gatineau-appeals-decision-aylmer-mansion-1.6156814