Brampton monster home back to square one after judge’s ruling

Neighbours incensed after owner asked to make the same decision he was asked to make three years ago.

TheStar.com
Oct. 3, 2016
By San Grewal

A dilapidated, partly constructed 6,600 square foot Brampton monster home is still towering over houses a quarter the size after the city tried to have it torn down, and a new court order has apoplectic neighbours wondering why nothing has changed in four years.

“We heard it was 90 days that the homeowner now has to make the same decision he was asked to make years ago,” said Peggy Ronayne, who has lived next door to the property for 39 years. She’s referring to a decision issued Friday in the ongoing dispute between the property owner and the City of Brampton.

Ahmed Elbasiouni now has 90 days from the date of the order by Justice Kofi Barnes of the Ontario Superior Court to pick between one of three options: demolish the structure; get approval from the committee of adjustment for necessary variances; or bring the building into compliance with the applicable zoning. It’s a similar order to one that was handed down by the court three years ago.

In its response the City of Brampton said that if Elbasiouni doesn't pursue one of the three options within 90 days, the building permit will be revoked.

That would mean the city could then order the demolition of the structure.

Elbasiouni has maintained since his building permit was issued in 2012 that he has followed the technical specifications of his submitted drawings which were stamped, approved and signed by city building officials. The Star has viewed Elbasiouni’s stamped drawings.

In 2013 city staff admitted to council that the permit was issued in “error,” but nevertheless, the city tried to revoke the permit and ordered that the structure be demolished.

Council demanded staff produce a report explaining exactly how the permit was issued in error, but other than telling council a “technical discrepancy” was the reason, related to how zoning was mapped for certain properties, no report was provided to council.

Elbasiouni appealed the city’s revocation of his permit to the Ontario Superior Court, and Barnes ruled in the summer of 2013 that the city used a “wrong” bylaw when it issued the permit. Barnes ordered that the city’s decision to revoke the building permit be stayed and offered three possible options, including possible demolition of the home. He outlined a timeline to decide on a solution by early 2014. But the matter got hung up in court by a series of motions, as Elbasiouni and the city accused each other of delaying the case.

“It is important to bring a conclusion to this never ending story,” said area Councillor Elaine Moore.

Elbasiouni said he has tried with no success to find out how the city issued his permit in error. He said despite an earlier court order to provide the explanation, “The City did not deliver the said Documents.”

He said he will comply with Friday’s order and will go before the committee of adjustment, with some of the information he has obtained through the court case about the city’s conduct that Elbasiouni says will hopefully help his application.

Moore said the issue needs to be resolved without any more delays.

“My concern has always been and remains about the impact this has had on the neighbours and the neighbourhood”

Ronayne said she and others are stuck in the middle of the ongoing dispute. “The problem is we can’t leave. I can’t see anyone buying my house with that thing standing here. So we’re stuck here until something is done with this blue thing. All I see is this blue wall. The animals are chewing the roof off it and that’s what ends up on my deck. We all wonder what the city was thinking when they issued the building permit. It’s been four and a half years.”