Council for the Rural Municipality of Hanover has denied a request by a homebuilder to rezone a portion of Peters Lane in Mitchell.

Hanover Administration informed Councillors Wednesday that Boyd Penner owns three subdivided duplex lots along Peters Lane. Five years ago, Penner obtained permits for the structures but the permits indicated the basements were unfinished. Administration said that after being unable to sell the three units, Penner decided to construct basement suites in each unit for the purpose of rental. Yet, no permits were obtained for this construction.

After learning what had happened, the municipality offered Penner two choices; either decommission the suites or apply for a rezoning. On Wednesday Penner appeared before Hanover Council requesting his three lots be rezoned from Residential Two-Family Zone to Residential Multi-Family Zone.

Councillor Henry Funk noted as an experienced builder, Penner should have known he needed a permit before constructing the basement suites.

"I don't understand why this was built without a permit," says Funk.

The rezoning request was met by objection from neighbours living along Peters Lane, as well as from the Local Urban District committee of Mitchell. Residents expressed concern over the extra vehicles that now park along their street and how these multi-family rental units, which are often cheaper, don't always create the best neighbours. Several residents suggested their property value would probably decrease because of this "low rental area."

"It's a challenge to drive through there," says Councillor Bernie Stahn.

Representing Penner, Lawyer Marcel Jodoin suggested his client is remorseful for not having applied for the necessary building permits. He requested Penner be allowed to widen his driveways in order to accommodate more vehicles, thus removing some of the parked cars from the street. He also suggested that a fine in the range of $3,000 to $5,000 per unit be appropriate if the rezoning be approved.

Jodoin acknowledged there is a parking issue along Peters Lane but that it is not from the three units belonging to Penner.

"The worst of the parking is in front of those buildings," notes Stahn.

The rezoning request was denied by Council. Reeve Stan Toews notes a similar situation came up recently in Blumenort, only in that circumstance, the applicant made the request prior to construction. Toews notes there too, Council said 'no.'

Hanover's Planning Committee is now left to decide what will happen to the tenants now living in illegal basement suites. Jodoin has requested five years to deal with the removal of the tenants.