Whitehorse Daily Star

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Photo by Vince Fedoroff

THE SUBJECT OF THE DISPUTE – Nick Leenders is seen Wednesday with the woodshed he constructed eight years ago. At that time, he says, someone from the City of Whitehorse advised him there was no need for a building inspector’s visit.

Get permit or demolish shed, city tells man

A Whitehorse resident who built a woodshed eight years ago is now on the hook for another building permit – or he will have to tear down the structure after a boondoggle with the city.

By Tim Giilck on June 30, 2022

A Whitehorse resident who built a woodshed eight years ago is now on the hook for another building permit – or he will have to tear down the structure after a boondoggle with the city.

Nick Leenders, a resident of Blaker Place in the city’s south end, told the Star Tuesday about his situation and ongoing battle with the city.

“On Sept. 10, 2014, I went to the city to obtain a building permit for a woodshed as I have a wood gasification boiler for home heating purposes,” Leenders wrote in an email to the city last spring.

“I finished building the woodshed according to the plan I submitted on Sept. 14. I phoned the city on the 14th or the 17th to let them know the shed was ready to be inspected.

“I was asked if I had built it according to the plan I submitted. I was told, if so, they wouldn’t come out to be inspected. I thought, ‘OK, I’m good.’”

That was the last Leenders said he had heard about the woodshed from the city – until this spring.

He doesn’t know the name of the man he spoke to at the city, and since it was a phone call, there is no documentation or paper trail to rely on.

In 2021, Leenders said, he installed a new boiler system. He alleges there was no further communication from the city about the situation until a few months ago.

According to the documents he presented to the Star, Leenders was told last spring the city that no record of the woodshed’s installation and inspection could be found.

Without that documentation, city staff couldn’t approve the boiler installation. The associated cost was $170 for the new permit.

Leenders has been battling the city’s land and building services department ever since.

He said the original construction of the woodshed in 2014 cost him less than $1,000, including the $96.12 he paid for the building permit.

“If I have to pay another $170ish, the total paid to the city would exceed 25 per cent of the project,” he pointed out.

Leenders also presented a chain of emails between himself and city officials in the department.

In his opinion, he said, the reaction from Matthew Wilkinson, the city’s supervisor of building services, was not overly helpful.

In one email from Wilkinson to Leenders, he wrote, “The conversation you describe is not in keeping with department policy, nor is in line with the Building and Plumbing bylaw.

“Under Article 44, the owner is obligated to have stages or work inspected and approved.

“Further to this, it is prohibited under Article 38(4) to put a building into use without the required occupancy approval. Occupancy approvals can only be granted in writing,” Wilkinson wrote.

“Under Article 58 and 59, building officials are required to attend the site in order to administer the building and plumbing bylaw and are required to keep copies of documentation in regards to administering the bylaw.

“The building file indicates that construction was not completed in conformance with the building and plumbing bylaw. The construction is required to be approved prior to being used and is subject to an order of removal if not complete with the building and plumbing bylaw.”

A series of emails continued between the two men. At one point, Wilkinson told Leenders he had no idea who Leenders had spoken to at the office.

The administrative staff, Wilkinson said, had all been female for many years, so he has no clue of the identity of the man Leenders maintains he spoke to.

He told Leenders via the emails several times the only options are for him to purchase a new permit and go through the process, or to demolish the woodshed – which would also required a permit and going through a process.

Eventually, Wilkinson told Leenders “he was kicking a dead horse” on the situation.

He added, “You will receive no further response from me in regards to your disagreement with fulfilling your obligations as a landowner. The bylaw violation will remain on the property until addressed in compliance.”

Wilkinson did not reply to the Star’s request for further comment on the situation.

For the moment, the impasse remains between the parties.

Comments (25)

Up 3 Down 0

Rick Samson on Jul 7, 2022 at 9:26 am

How sad you pay a million dollars then have to pay the city permission for what to do with your own land.
It's wrong, and it's a form of statism, communism whatever you want to call it

But at the end of the day Canadians have no property. Your land, vehicle, home, guns, bank account you name it...
Can be confiscated with a simple regulatory change in the house of commons.

Up 7 Down 0

Charlie's Aunt on Jul 5, 2022 at 1:28 pm

'Occupancy Approval,' Building & Plumbing bylaw? Who is going to occupy this item and need plumbing? It resembles a carport. I think it is allowed to build a shed, maximum 10 X 10 without a permit so simple solution is to make this smaller and build a 2nd one. Often better to beg forgiveness than ask permission so build anyway and wait for neighbors to complain when chances are in this location they won't.

Up 13 Down 0

CJ2 on Jul 4, 2022 at 11:09 pm

Doesn't a structure have to be enclosed to be considered a shed? That looks like something to keep rain off firewood.

Some city officials can be quite rude. Maybe those of us on the other side are no picnic to deal with, either, but it's sometimes surprising what they can get away with. Then you have to listen to city councillors fawn all over them. Which might explain a lot.

Up 12 Down 8

George moss on Jul 4, 2022 at 4:44 pm

Liberal city mayor, liberal territory government leader, and liberal country prime minister.

Up 59 Down 2

YD on Jul 4, 2022 at 10:29 am

I can understand why permits are required for building a home, but a shed? We live in a bubble-wrapped society. You need permission/permits for everything these days.

Up 43 Down 0

not a fan of COW on Jul 4, 2022 at 9:13 am

Ask them to look for a second file. That's what happened to us when we sold our house a few years back. None of our permits were signed on a new house that we were living in for 6 yrs! The sale could have fallen through due to the incompetence of the COW employees who had made 2 different files on our house and property. One file with old unsigned permits and one with all the signed permits. Keep copies of everything! COW ruins the Yukon IMO.

Up 22 Down 21

John on Jul 3, 2022 at 12:16 pm

$170 will (maybe) buy a 6x6 and a 2x4.
I would just stfu and pay the permit fee.

Up 60 Down 5

Department of Redundancy Department on Jul 3, 2022 at 8:34 am

I was advised NOT to get a COW Building Permit for a small deck change, but decided to anyways. It could not be THAT bad. I went to their office, talked to a person who explained what form, what to include, how to do it, etc. So when I took the completed form in, got insulted, degraded and humiliated by another staff member who explained my forms were all wrong. Meanwhile the person who had helped me first time just sat back, looking away, trying to hide. I explained the other person had explained what to do. New person THEATENED ME that they would block my house sale. Rude, insulting and no customer service skills. Consistently inconsistent, won't back what their colleagues say, far too much paperwork for simple items. Your tasks is building safe structures, not building an empire for yourself (do you have a permit for your empire?).

Up 8 Down 22

Sue Sez on Jul 2, 2022 at 8:13 pm

The Devil sez "people from ON move to OUR Territory". Is that the unknown gov't phone official that took a Northerner's job in 2014?
OR the shed owner that tried to do the correct thing, tho the misguided wrong way?
OR the ON population that have paid for YOUR Territorial subsidies for decades. You know the ones, the people that move North from an area of more (usually) snow accumulation & then teach their new neighbours how to help one another by shoveling the (white) stuff.

Up 35 Down 6

Nate on Jul 2, 2022 at 1:24 pm

He should have never even mentioned it to the city. It is a rather small structure that looks to have zero utility service and is definitely not intended to be an occupied structure. Even if it fell down it looks to be no danger to anyone or anything as it has nothing around it that I can see. He put himself in a position to be tortured by the city.

Up 40 Down 4

Barry on Jul 2, 2022 at 12:58 pm

...and this folks is why I don't live within City limits. In fact way past their limits. Too much BS with very little to no benefit.

By the by, I would not classify this structure as a shed - no walls. It is more like a small pole barn.

Up 47 Down 7

Matt on Jul 2, 2022 at 7:54 am

No foundation, no permit needed. Setbacks must be observed but the mans mistake was engaging the City in the first instance..

Up 38 Down 3

Nathan Living on Jul 1, 2022 at 11:47 pm

Do not think for a moment that senior staff or council will help you resolve the issue.

Up 18 Down 17

Patti Eyre on Jul 1, 2022 at 2:55 pm

@north you’ve lost contact with reality, for how long it’s not clear.

Up 41 Down 8

Anie on Jul 1, 2022 at 12:58 pm

Wait a minute - the references to a boiler, and to the building and plumbing codes, as well as "occupancy permit" suggest to me that there's more to this story than a simple woodshed. Perhaps this an example of where a reporter could have asked better questions. Maybe we need a tad more info before criticizing either side.

Up 35 Down 17

North_of_60 on Jun 30, 2022 at 11:57 pm

Unfortunately his 1st mistake was applying for a permit to build a wood shed. Let this be a lesson to everyone else. Never trust the City bureaucracy, they only serve themselves, not the public. The Iron Law of Bureaucracy always prevails.

Pournelle's Iron Law of Bureaucracy states that in any bureaucratic organization there will be two kinds of people:

First, there will be those who are devoted to the goals of the organization. Examples are dedicated classroom teachers in an educational bureaucracy, many of the engineers and launch technicians and scientists at NASA, even some agricultural scientists and advisors...

Secondly, there will be those dedicated to the organization itself. Examples are many of the administrators in the education system, many professors of education, many teachers union officials, much of the NASA headquarters staff, etc.

The Iron Law states that in every case the second group will gain and keep control of the organization. It will write the rules, and control promotions within the organization.

Up 45 Down 10

Wilf Carter on Jun 30, 2022 at 10:29 pm

Under the building code of Canada this is not defined as a shed.

Up 89 Down 25

Damien Langkow on Jun 30, 2022 at 8:52 pm

This is what happens when too many people from Ontario move to our territory.

Up 63 Down 18

Matthew on Jun 30, 2022 at 8:35 pm

Leave the guy alone... wonder why city officials are not well liked!? Well this is just one reason..

Up 16 Down 23

BnR on Jun 30, 2022 at 6:30 pm

You don't need a building permit for a woodshed.
And there’s no way that “shed” would be passed without an engineer signing off on it.
Unorthodox would be the term that comes to mind.

Up 38 Down 39

Builder on Jun 30, 2022 at 6:28 pm

The guy is going full Karen. It’s HIS responsibility to get the original permit signed off. An alleged phone call to an unknown person is NOT sign off.

End of story

Up 33 Down 63

Edie rue on Jun 30, 2022 at 6:12 pm

I don’t know buddy, you’re sounding a little like a “trucker convoy” participant. Are you trying to show us all where the big bad government hurt you? Pay the $170 and move on!!

Up 39 Down 5

Chuck on Jun 30, 2022 at 5:09 pm

Get it in writing folks. Might be a slow news day though.

"Man owes city $170. Main story tonight at 6. Four part investigation to follow!"

Up 69 Down 13

Pierre on Jun 30, 2022 at 5:01 pm

Don't call it a "shed" call it a "healing place". All will be good.

Up 65 Down 13

No way jose on Jun 30, 2022 at 4:54 pm

The city of dead horse has nothing better to do then to bit*h about a homemade shed maybe those clowns can work on the big issues like homeless renting problem.

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