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County of St. Paul says yes to encroachment agreement with Lac Sante resident

A residence of the Stillwater Subdivision in Lac Sante with a deck that encroached onto municipal reserve land approached County of St. Paul council once more to grant her an encroachment license, rather than removing the structure.
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ST. PAUL –  A resident of the Stillwater Subdivision in Lac Sante with a deck that encroached onto municipal reserve land approached County of St. Paul council once more to grant her an encroachment license, rather than removing the structure. 

County of St. Paul council previously denied a request from Ingrid McLean. On Sept. 13, McLean attended council’s regular meeting as a delegation, pleading her case. IN the end, council did opt in favour of entering an encroachment agreement with McLean. 

According to McLean, the deck was built in the 1990s and an additional portion of the deck was added in 2020 by her 15-year-old grandson and her husband, Collin. McLean said no permit was taken, but attempts were made by Collin to acquire a permit. Due to pandemic restrictions and an impending wedding, she said they moved forward with the deck improvements. 

On June 22, 2021, council voted during its monthly public works meeting to direct the resident to remove the deck and denied a request for an encroachment license. On Aug. 10, 2021, during a regular council meeting, County council again chose to uphold its previous decision. Due to Ingrid’s husband experiencing health issues, in addition to family issues, extensions were requested regarding the removal of the deck.  

In October of 2021, McLean’s husband contracted COVID-19 and passed away shortly after at the age of 55. 

On Sept. 13, 2022, McLean spoke to the council regarding its prior decisions concerning her deck. She said the property has been built meticulously, reinforced, and is aesthetically pleasing. 

"We respect the environment, and as not to ruin the integrity of the land and the neighbouring properties. The deck was built responsibly," said McLean, adding that the deck also does not interfere with the "enjoyment" of their neighbours and their properties. McLean said she was ready to give up and remove the deck, but the deck itself has sentimental value, of "lifelong memories" of her husband and grandson who built the deck. 

"The loss of my husband wouldn't allow it – my heart just doesn't allow it," said McLean. "He so desperately wanted to live over the lake... this was his last labour of love." 

McLean said she understood council's responsibility and recognized the job of the members of the council was not an easy one, offering council alternatives like selling, leasing, or renting the encroached piece of land. 

"In this day and age, I know things aren't as black and white as they used to be,” she said. "So, I just ask for your consideration in allowing us an encroachment agreement." 

Among concerns raised by council was if the encroachment agreement would be transferable in case the property goes up for sale. County of St. Paul administration clarified the agreement would not be transferable and will specifically be made between the County and the specific owner of the property. 

Another concern brought by members of council was whether the deck indeed meets the safety code, as per McLean's words. After further discussion, a majority decision was carried by council to enter into an encroachment agreement with Ingrid McLean. 

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