Arrondissement de Lachine

Due to nuisances (noise, odours) that she is subjected to, a citizen requests that the restaurant neighbouring her property be compliant with the regulation regarding the installation and operation of its terrace and other areas in the backyard.

The Borough initially responds that the installation and operation of this restaurant and terrace are compliant: it therefore does not plan to intervene in any way, other than meeting with the operator to remind him of the operations that are authorized in his yard. The Borough admits that the business did not obtain the required Certificate to operate the terrace at the back, but adds that if the owner applies for one, it would be issued.

We inspect the site with Borough representatives: several non-compliances are then noted, including what seems to be an expansion installed without a Permit. We question the Borough on the legality and safety of the installations.

The Borough subsequently meets with the restaurant operator. The Borough notifies him of the following: 1) food preparation outside is not allowed; 2) kitchen operations in the veranda are not compliant; 3) work will be required for the operator to remediate the situation; 4) an accessory building at the back will have to be demolished.

The operator then applies for an expansion project with the Borough. In December 2016, the latter notifies our office that the project complies with the regulation, pending PIIA approval.

When we follow up in 2017, the plans have been approved. The operator must however come into an agreement with his neighbour to access her yard in order to lay foundations.

The Borough confirms that it reminded the operator of the rules regarding the installation of a backyard terrace. Inspections are conducted over the summer and adds that there were no citizen complaints. As for our complainant, she has since moved.

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