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Family claims Stephenville council in violation of its own regulations

Stephenville town council denied another application from Tom and Joanne Rose to build a home on Hillier Avenue, but Joanne believes council is now in violation of its own regulations by doing so.

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The denial came at the regular general meeting of the Stephenville town council last week when the Roses applied to construct a single-family dwelling on land at 29-33 Hillier Ave.

Council followed the recommendation of its planning and traffic committee to deny the permit under Section 2.3.7 of the town’s municipal plan, which states all development within the urban group must be connected to municipal water and sewer.

The Roses have already appealed a previous decision in which council turned down a permit from their daughter, Jennifer Rose, to build a single-family home at 21 Hillier Ave. Joanne said during that appeal, council said Section 2.3.7 should override an amendment made in 2008, which was upheld by the West Newfoundland Regional Appeal Board.

The latest application is for a different parcel of land where the Roses are asking for permission for their son, Stephen, to build a house. Tom and Joanne’s home is located on the same parcel of land, which has 350 feet of frontage on Hillier Avenue.

Joanne said the 2008 amendment was for Rose Farms Road (now Hillier Avenue), and specifically said it would allow residential development in line with what is already located there.

“Because the amendment was made in 2008 and the reason now being given in the denial is from the 2000 Municipal Plan, we believe council is now in violation of its own regulations,” Joanne said.

The Roses have a total of 48 acres of land, and the parcel that Jennifer applied to build on is 12 acres.

Meanwhile, the Roses have filed an action with the Supreme Court of Newfoundland and Labrador on the denial of Jennifer’s permit.

“We’re trying out darndest to have our two kids live next door to us,” Joanne said. “Isn’t that the idea of having a large parcel of land?”

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