A Hillcrest couple can resume work on the garage and potential garden suite they've been building since 2009 after council approved rezoning the property at 34 Roundel Rd. Monday night.

"I think the vote shows city council has a good understanding of the impact of not approving (the zoning amendment),” property owner Dianne Williams said in an interview this morning.

Under the zoning amendment, yard setbacks have been reduced to legalize the building, which sits 15 centimetres inside the side setback and 45 centimetres inside the rear setback.

Councillors Betty Irwin and Dave Stockdale were the only council members to vote against the rezoning.

Irwin argued that approving the rezoning would set a precedent for similar requests in the future. Stockdale wanted the matter deferred for further consideration.

Irwin didn't seem to understand all the issues, Williams said.

"Extenuating circumstances do not set a precedent,” she argued.

In a presentation to council before the vote, Williams went through a detailed history of the project in her final plea to council to permit the building to stand.

The original contractor, she emphasized, was fired after a number of issues.

Among them, the contractor did not inform her nor her partner of the mandatory site inspection required prior to pouring concrete for the building's footings.

The process, she argued, is not clearly outlined for the general public.

She pointed out other municipalities such as another Whitehorse in Australia which have the information widely available on their websites for all to see.

Williams pointed to the city's own errors in the process. When the first building inspection was finally done, nothing was noted about the structure spilling beyond the setbacks.

Construction continued and it wasn't until a plumbing permit was sought in April 2011 that city staff noticed the problem and requested a surveyor's certificate.

Last November, a stop-work order was issued.

"I think we, as a city, dropped the ball,” Coun. Dave Austin said prior to raising his hand in favour of the rezoning.

Mayor Bev Buckway also acknowledged that steps in the process were perhaps missed on both sides.

She made a "plea” that the public make sure the proper steps are taken for any building projects.

As she voted in favour of the rezoning, the mayor commented it's also important to consider the impact that not going ahead with the rezoning would have on neighbours in the form of even more construction.

Had the rezoning not gone ahead, Williams said, a rear wall would have to be moved and would have eaten up funds aimed at finishing off the building.

As it is, the delays mean the structure will have to meet updated building code regulations which came into effect after work began.

The search for a new contractor can now begin, Williams said, noting that could not happen until after council made a decision.

Depending on how long it takes to find a contractor, Williams said she'd like to have the work – originally envisioned to be complete in March 2010 – done by next summer.