Email from Robert McIntyre regarding 315 Stewart Avenue
Correspondence from a resident expressing concerns about construction and permit expiration at a neighboring property.
From: Robert Mc Intyre To: Mayor And Council Email Subject: 315 Stewart Avenue Date: September 3, 2025 8:13:45 AM
Dear Mayor and Council
Thank you for the opportunity to address Council yesterday evening to pose my question concerning 315 Stewart Avenue. Such opportunity is very much appreciated.
As requested by the Mayor, herewith please find my question in writing as well as certain correspondence as it pertains to my question.
I first wrote to the Town in July 2024 and lodged a bylaw complaint, that the owner was building on an expired building permit and that he had taken occupation for a lengthly period at time (certainly in excess of one year) by the date that I lodged my complaint without an occupation permit. It is apparent from the information on file that at that stage, that the Town extended the building permit and issued a conditional occupancy permit based on a memorandum written by the building inspector and that the last dated inspection was in 2023. The Town had the option to issue a stop work order and notice not to occupy to ensure that the complaint resulted in bringing the property into compliance, but chose the route set out above. It may be that I do not have all the documentation of inspections made at the time, but in the absence of such, the memorandum with inconsistencies in the dates of the last inspection and my complaint stands. I was left with the impression that the owner calculated that it was easier to seek forgiveness than ask permission.
Circumstances have since eclipsed this situation as on August 11, 2025 the building permit (as extended twice) officially expired and therefore the conditional occupancy permit has also expired and I had hoped that the Town would have resolved the matter by then, but that was not done and therefore I had no alternative than to question Council now that the permits have expired.
I have also had no alternative than to inform my insurer that the property next to mine is being occupied without an occupancy permit and being built without a building permit with the knowledge of the Town and they have noted this in the event of a loss and subrogation claim on my property.
My question remains as to when this matter will be brought into compliance and the building brought to a close?
It holds that a stop work order and notice not to occupy would do so.
Should Council ask the owner to put in a new building permit, I ask that very clear and defined conditions be attached to such a permit to ensure that the build can be completed within a tight timetable, under supervision and by complying with all bylaws (for example not building outside building hours).
I would also ask that the building value of $500 000 be re-evaluated as this has most likely changed.
Yours faithfully
Robert Mc Intyre 313 Stewart Avenue