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Thread: Gazebos and bylaw

  1. #1
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    Default Gazebos and bylaw

    Wife and I are looking to add some cover to our deck. Lots of gazebos on the market today exceed the 107 sq.ft rule and I’m assuming you would need a development permit except they don’t comes with any engineering drawings, thus no permit granted. Does everyone just have these things up “illegally” and hope bylaw doesn’t come by?
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    Quote Originally Posted by cycosis View Post
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    Wife and I are looking to add some cover to our deck. Lots of gazebos on the market today exceed the 107 sq.ft rule and I’m assuming you would need a development permit except they don’t comes with any engineering drawings, thus no permit granted. Does everyone just have these things up “illegally” and hope bylaw doesn’t come by?
    I would guess it's virtually never a bylaw issue but more likely an RPR issue when you sell the house.
    But I pretty much have no idea. Sorry.

    Edit - shouldn't covering a deck (already an existing structure) be different from sticking a giant McMansion gazebo in the middle of your back yard? You aren't really adding any square feet of development by covering a deck. I suppose there's a rule that it shall be <____meters tall.
    Last edited by ThePenIsMightier; 05-01-2020 at 09:27 AM.

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    Contractor buddy of mine said not to worry about a permit to my wife and I unless you have dickhead neighbors...

    We are looking to build a 10'x12' pergola.

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    Quote Originally Posted by cycosis View Post
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    Wife and I are looking to add some cover to our deck. Lots of gazebos on the market today exceed the 107 sq.ft rule and I’m assuming you would need a development permit except they don’t comes with any engineering drawings, thus no permit granted. Does everyone just have these things up “illegally” and hope bylaw doesn’t come by?
    I had a neighbour who went through exactly this and he regretted the whole thing. It ended up costing him 1000$ in paperwork plus time, and in the end he wished he'd never bothered the city.

    I looked into all this as well and (this was some years ago, please correct me if wrong) I found that if the unit is not attached to the house its basically a 'shed' like structure. Thats what I ended up doing. I also built it in a way that it can be taken apart in a day or two if we ever sell.

    Theres laws for literally every little thing when it comes to outdoor projects. Governing heights, sizes, above ground, etc. Ill bet most older homes are illegal in so many ways.

    Best to be on good terms with neighbours IMO.

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    From what I remember, if the pergola is out in the middle of your yard or the columns of the structure are 1m away from the house and bigger than 10m2 then it's classes as an accessory building, same as a shed or garage. If it's closer to the house or attached it becomes an addition.
    The floor of the pergola can't be higher than 2' off the ground or you get the added fun of applying for a development permit. For example, if you want to put the pergola on a deck which is 4' above the ground.
    I'm guessing that most people just put them up without a permit. Just be aware that if bylaw comes by or you sell, you may have to remove it.

    there's a decent article about it here : https://nexthome.ca/news/beautifying...ellis/1224588/
    The city has information here: https://www.calgary.ca/PDA/pd/Pages/...ons/Decks.aspx
    it's the deck page but has information and links to pergolas and gazebos.

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    So my deck is attached to my house via ledger board but is max 24” high off the ground. I’m hoping to stick a 11’x13’ gazebo on it. Does that qualify as an addition? The gazebo will be fastened down to the deck via some reinforced blocking under the decking boards. It will not have any roof structure attached to the house. Just the posts to the deck.
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    Are you building this or buying a metal one?

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    Looking at buying a wood post/metal roof unit
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    Will it be "moveable" as in not secured to the deck? If so it should be fine. I remember reading something about that.

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    Quote Originally Posted by cycosis View Post
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    So my deck is attached to my house via ledger board but is max 24” high off the ground. I’m hoping to stick a 11’x13’ gazebo on it. Does that qualify as an addition? The gazebo will be fastened down to the deck via some reinforced blocking under the decking boards. It will not have any roof structure attached to the house. Just the posts to the deck.
    I mean, without a roof - its not an enclosure. At what point does it become an issue? A long post? A privacy wall?

    This B/L is basically intended (my opinion) to keep someone from suing the city based on some elses, shoddy workmanship (eg. new owner and part breaks and injures).

  11. #11
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    From the pages I linked

    Pergolas and Trellises
    If a pergola or roof structure is being attached to a house, the structure is considered an addition. Please refer to the additions page. If the structure being built is detached from the house, it is considered an accessory residential building and must comply with the applicable Land Use Bylaw rules. For more information see detached garages and sheds, and other accessory residential buildings.

    You may require additional information for these types of permit applications and a review from a professional engineer.

    Illustration of the difference between an attached and detached pergola.
    As long as the posts are a min 1m from the house it's an addition.
    From the Additions page

    Height
    All accessory residential buildings must not exceed height requirements outlined in the Land Use Bylaw. The structure must:

    - Not be higher than 4.6 m (15 ft.) from the finished floor.
    - Not be higher than 3.0 m (9.8 ft.) from the finished floor to the underside of the eaveline: the intersection of the wall and the roof structure at the highest point.
    - Be one storey in height, but can have an attic without windows, accessed by a removable ladder, used by the occupants of the house for storage. The attic is allowed to have maximum height of 1.5 m (4.9 ft.) measured from the attic floor to the underside of any rafter.
    - Not have a finished floor higher than 0.6m (1.9 ft.) above grade, unless it is a private garage. For example, a pergola on a deck that is higher than 0.6 m (1.9 ft.), would not meet bylaw.
    If any part of the gazebo doesn't meet the requirements you have to go through the Development Permit process, which is a pain in the ass. If it were me (and I'll likely do the same thing) I'd put it on following s many of the requirements as I could without getting a permit fully prepared that if someone complains or i go to sell, I'll have to take it down.

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