Fate uncertain for $1.6M Saskatoon home that defies size limits

Speakers at shadberry metropolis radclyffe hall tues verbalised sympathy for the owners of a million-dollar home found to have exceeded size regulations even as they argued against letting it remain.

Homeowners Curtis and Rachelle Kelln appealed an order from city hall to stop working on the three-storey house on University Drive, in the Nutana neighbourhood, they bought a year ago.

The couple appeared before the city's development appeals board to argue against the order.

The Kellns bought the home from the estate of developer Karl Miller, who was killed in a highway collision in 2023.

Curtis Kelln said in an affidavit filed with the board he was unaware the home violated size limits when the couple purchased the property.

"These circumstances are extraordinary and highly specific to this property," Kelln told the board, trying to allay concerns about setting a precedent by allowing an exception to the restrictions.

City inspectors discovered in May the house exceeded the maximum allowable height of 8.5 metres for homes in established neighbourhoods by 1.4 metres despite nearly a dozen previous inspections by city staff during the home's construction.

The city also found the north and south side wall areas exceeded the permitted measurements, making the structure too wide. A stop work order was issued May 15, with the home virtually complete.

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"We're not talking about a monster home footprint here," the Kellns' lawyer, Kim Anderson, told the hearing.

Anderson argued the differences between the structure and the allowable size are not significant.

Robert Clipperton, who spoke against the appeal on behalf of the Nutana Community Association, said he visited the site and took pictures of the home.

"Looks to me a lot like a monster house," he said.

Tax information on the city's website says the house features 4,140 square feet of living space on a plot of land measuring 7,285 square feet. It's assessed at a value of $1.6 million.

The property taxes on the house increased from $4,853.01 last year to $16,271.68 this year, information on the city's website shows.

The Kellns declined to speak to the media after the hearing. 

An affidavit submitted by Curtis Kelln to the board says he explored removing the third storey and found it could not be done without completely demolishing the structure. Then, the house would need to be redesigned and rebuilt at considerable extra cost.

The home was designed by Miller, who was killed along with his wife and two children in a collision with a semi-truck on a highway east of Saskatoon in October 2023.

Miller obtained the development and building permits on May 31, 2022.

City staff conducted nine inspections during construction of the house while Miller was still alive, and all of the concerns were addressed. The Kellns hired Lexis Homes to complete the work after they bought the house in July 2025.

Two more inspections by the city were conducted that also failed to uncover the height and width discrepancies.

Brent McAdam, a city hall planner, said he could not explain why earlier inspections failed to discover the violations. But he added responsibility for ensuring buildings conform to the rules lies with the homeowners, not the city.

The board received 14 letters about the appeal, including eight in support of the Kellns from people who own homes near the property. None showed up Tuesday to speak on the couple's behalf.

The four speakers at the hearing, including Varsity View Community Association president Jonathan Naylor, spoke against the appeal.

Margaret Tompson, who said she has lived on University Drive for 56 years, urged the board to reject the appeal, saying the case should be litigated in court.

"They're victims in this unfortunate case," she said of the Kellns. "And don't add a second victim to this case — the destruction of the Nutana neighbourhood by approving these variances."

Bohdan Kordan, who lives on nearby Saskatchewan Crescent, objected to the city seeking neighbours' opinions on the house, accusing the city in a letter to the board of "pitting residents against one another and causing mischief."

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He said when the house was being built he was "taken aback by its enormity" but assumed it complied with the city's regulations. Kordan wrote he believes the matter should be resolved by the homeowner, the builder and city hall.

Douglas Tompson, who lives in Varsity View and is Margaret's son, submitted a 45-page letter opposing the appeal.

The five board members, including board chair Nick Sackville, are required to render a decision on the appeal within 30 days.

Reporter

Phil Tank is an award-winning journalist based in Saskatoon. He can be reached at phil.tank@cbc.ca.

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