Northwest Arm homeowners' quest for swimming pool blocked by UARB
'Infilling the Northwest Arm is more trouble and expense than it's worth,' homeowners warned
A Halifax couple has lost their appeal to add a swimming pool to their million-dollar property on Halifax's Northwest Arm, despite going to great lengths to make it happen.
On June 27, the Nova Scotia Utility and Review Board (UARB) rejected an appeal by John and Esther Ghosn to allow them to build their own pool next to the Arm.
The Ghosns started planning the pool shortly after they bought a house at 6980 Armview Avenue for $1.4 million in 2013.
In February 2014, they were told by the Halifax Regional Municipality that they couldn't legally build a pool in their backyard because it would be too close to the Arm. The city requires at least 30 feet between the pool and the water.
At this point, according to UARB documents, "it seems the Ghosns decided that if HRM thought the shoreline was too close for their proposed pool, they would solve the problem by moving the shoreline farther away."
Started infilling
The Ghosns obtained the proper permission from Transport Canada to infill an area up to 39.3 feet beyond the existing shoreline.
Infilling of the Arm is allowed for properties that date back to before Confederation, such as the one the Ghosns bought. It has become an increasingly popular practice in recent years for homeowners to extend their pricey real estate on the Arm, which prompted the city to bring in new rules in 2007.
Now the city only allows certain kinds of structures to be built on infilled land extending into the Arm.
After the infilling was completed in April 2015, the couple filed a second permit application for a swimming pool. They were, once again, denied by the city. The city said pools are not one of the approved structures for infilled land.
'Stagnating growth'
According to UARB documents, John Ghosn was not satisfied with this decision or the fact the city was preventing him from building a bigger home on the property. He wrote an email copied to municipal staff that the city's restrictions were "stagnating growth and prosperity."
"It's no wonder our population is decreasing," he wrote.
The couple did demolish the existing 1930s-era house on the property and are currently building a new house. John and Esther Ghosn declined to speak with CBC News about the UARB's ruling.
In its decision, the UARB said property owners should be aware of the restrictions on infilled property.
"In the board's judgement, HRM has taken great care to try to convince people that infilling the Northwest Arm is more trouble and expense than it's worth."