Unauthorised Home, House Addition & Fence On Next CPA Agenda Loop Cayman Islands

The content originally appeared on: Cayman Compass

At the next Central Planning Authority (CPA) meeting to be held on May 8, 2024, the CPA will discuss applications for an after-the-fact house addition in Lower Valley and an after-the-fact home in East End. The CPA will consider setbacks and whether variances can be granted in both cases.

Lower Valley house addition

Regarding the after-the-fact house addition in Lower Valley, this is an application by Mundy Lewis (GMJ Home Plans Ltd.)  for a rear porch addition and metal fence with concrete columns located on the corner of Brookshire Way & Walbridge Drive.

Commenting on the fence, the Planning Department Analysis in the CPA agenda noted that “Regulations 8 (18) states that walls and fences adjacent to the road shall be setback a minimum of four feet from the road side parcel boundary; however, the 3’ metal fence with 5’ concrete columns exists at 0’ vs 4’ along Walbridge Drive.”

The National Roads Authority added that the fence setback does not meet NRA specifications for sight distance on 25 mph roads.

Notwithstanding these requirements, a letter on behalf of the applicant included in the CPA agenda said, “The applicant has requested a variance to allow the after-the-fact fence to remain as built on the property line instead of the required 4ft setback.”

The letter added:

1) Per section 8(l3)(d) of the Planning Regulations, the adjacent property owners been notified and there were no objections.

2) Per section 8(l3)(b)(iii) of the Planning Regulations, the proposal will not be materially detrimental to persons residing or working in the vicinity, to the adjacent property, the neighborhood, or to the public welfare.

The letter continued:

3) The applicant was not aware of the 4ft setback requirement for a fence along the roadside and assumed that building the fence along the property line would be keeping with numerous existing fences within the subdivision. Note that there are twenty one similar cases within subdivision or that 20% of the properties in the subdivision have already been built on the roadside boundary line.

4) Although the columns for the fence are higher, the panels between the columns 32″ in height which lends to safe visibility at adjacent intersection.

5) It would be cumbersome and costly to relocate the existing fence

6) The application complies with all other relevant planning requirements.

East End home

Moving a few districts to East End, the CPA will deliberate over an after-the-fact house, storage shed and proposed addition on John McLean Drive (Block 72C Parcel 342).

The applicant, who reportedly received an enforcement notice on February 18, 2022 (CE22-0018), “is seeking permission for additions to the south (front) portion of the house creating bedroom #2 and a shower to the existing bedroom #1.”

The applicant also requests “a side setback variance of 8ft 0in. as the subject addition exists at 2ft 0in. from the side property line instead of the required I0ft for a single storey dwelling.”

While the setback does not comply with regulations, the applicant’s letter noted that adjacent property owners were notified, and no objections were received.

The letter added:

The construction consists of a timber-framed floor anchored to reinforced block and concrete piers, a timber siding over framed walls and zinc roofing on timber-framing.

Aerial imagery reveals that the house has existed from year 2012.

Mr. Chamber has informed that he occupied the property throughout the period since 2010 and to relocate the structure would costly exercise for him.

In addition to the setback, the CPA will “consider the aesthetics and to satisfy itself that the design of the development is consistent with the historic architectural traditions of the Islands under regulations 9(1).”

The Lower Valley and East End applications will be discussed more at the CPA meeting on May 8, 2024, at 10 am in Conference Room 1038, 1st Floor, Government Administration Building, 133 Elgin Avenue, George Town.