A nearly-completed home in the 800 Block of University Drive sits vacant in July 2026, ahead of the decision made denying the appeal by the home’s owner, made to the Saskatoon development appeals board. (Lara Fominoff/650 CKOM)

City denies appeal to finish building over-height, million dollar Nutana home

By Libby Gray Aug 13, 2026 | 5:55 PM

The City of Saskatoon’s development appeals board has denied an appeal made to allow for construction to continue on an oversized, nearly-completed home in Nutana.

Curtis and Rachelle Kelln, owners of the University Drive home, appeared before the board with their legal counsel, M. Kim Anderson, K.C. of Robertson Stromberg LLP on July 14.

The final decision, shared a month later on Aug. 13, found only two of three considerations before the board passed. However, all three were required for the appeal to be successful.

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The issues the board considered in the appeal included whether the granting of this appeal would grant to the applicant a special privilege inconsistent with the restrictions on the neighbouring properties in the same zoning district, whether the granting of this appeal amounts to a relaxation of the provisions of the city’s zoning bylaw so as to defeat the intent of the zoning bylaw, and whether the granting of this appeal injuriously affects the neighbouring properties.

The board decided that, on the second issue, the granting of the appeal would amount to a relaxation of the provisions of the zoning bylaw in a way that would defeat its intent.

“The Board finds that the dwelling exceeds multiple components of that regulatory framework and results in a building envelope materially larger than that contemplated by the applicable standards,” the decision noted.

“Considered cumulatively, these deficiencies result in a building envelope materially larger than that contemplated by the Zoning Bylaw. Granting the requested variances would therefore do more than relax an individual dimensional requirement. It would permit the dwelling to retain the additional height and mass that the combined standards are intended to control.”

The Kellns and their representation noted the additional costs and effort it would take to change the building plans and fix work already completed and noted that the problematic plans had been inherited by them after purchasing the home in 2025, among other arguments.

“The Appellant concluded by explaining that after nearly two months of analysis, consultation, and discussions with neighbours, no meaningful practical consequences had been identified arising from the differences between the approved dwelling and the as-built dwelling. They characterized the circumstances as extraordinary and highly specific to this property and submitted that granting relief in this case would not create a precedent for owners or builders who knowingly proceed contrary to approved plans,” the decision document stated.

In its decision, the board additionally noted that, despite the approval of the building plans that did not comply with city zoning bylaws by the city, “any error or omission by the City during past inspections does not relieve an owner from the responsibility to comply with the Zoning Bylaw; compliance remains the property owner’s responsibility.”

The decision stated that it can be appealed to the Saskatchewan Municipal Board within the next 30 days. If no appeal is made, the decision becomes effective 30 days after being made.