Neighbour’s battle against oversized garage tossed

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This article was published 05/01/2025 (448 days ago), so information in it may no longer be current.

A Manitoba judge has dismissed a man’s bid for a judicial review into the City of Winnipeg, after an appeals committee allowed his neighbour’s unpermitted and oversized garage to stand.

The ruling ends a more than yearlong battle by Charleswood resident Darren Van Wynsberghe to see a two-storey, 4,900-square-foot garage removed from the property of Tylan Unruh.

Van Wynsberghe argued the building — five-and-a-half times over the allowable limit under city bylaws, according to court documents — should have never been granted a zoning variance after it was initially rejected by the public service.

Judicial review is a process by which courts make sure that the decisions of administrative bodies are fair, reasonable and lawful.

“The applicant says that the decision is unreasonable, and it is unjustifiable after being reached by an unreasonable chain of analysis,” Court of King’s Bench Justice Gerald Chartier said in a written decision released Dec. 18.

“It is true that the garage structure is very large, however, the basis for the City’s decision to grant the variance and allow the structure to remain in place is discernible and reasonable.”

The decision document said Unruh constructed the building on Liberty Street without taking out the appropriate permits.

The street is located in the Wilkes South neighbourhood, a semi-rural area in southwest Winnipeg made up of agricultural and light industrial land along with large-lot residential properties.

Van Wynsberghe complained about the structure in 2023, prompting the city to issue a violation notice requiring Unruh to obtain the appropriate permits and a zoning variance.

The property owner applied, but was rejected. He then fought the ruling with city council’s appeals committee.

After two hours of debate, councillors Brian Mayes, Cindy Gilroy and Vivian Santos voted to allow the appeal, on the condition Unruh plant trees on the northern side of the structure to provide visual screening.

Coun. Shawn Dobson voted against the appeal.

The appeals committee based its decision on the fact construction on the building was already completed, and denying the appeal would force Unruh to either remove or significantly reduce it.

The committee considered previous precedents where they had allowed structures and houses that had already been built to remain in place, Chartier said.

“The appeal committee accepted that… a structure of that size was required for storing large trailers, a motorhome, ATVs and other vehicles and equipment,” he said.

“Ultimately, the reasons provided are that the garage is compatible because of the size of the lots and the nature of the area.”

After reviewing the appeal, Chartier determined the committee followed proper process while coming to the decision, providing justification that was “both transparent and intelligible.”

“Furthermore, the decision is reasonable considering the factual and legal constraints that bear on it,” he said.

Chartier dismissed Van Wynsberghe’s application without costs.

tyler.searle@freepress.mb.ca