Owner of unauthorized dwelling on Hamilton parkland faces demolition

The Hamilton man who built a $400,000 driveway and garage on city property shared his side of the story with CHCH News.

Joe Tarasca said he thought the land next to his Stoney Creek home was his, and despite trying to buy the land, the city said it all has to come down.

In 2021, Tarasca decided to build a garage and driveway right next to his home on Kingsview Drive in Stoney Creek.

“We went out and we saw the property stake that was there, which is still there, assuming that was my property,” said Tarasca, “and I know we needed a permit, there’s no excuse for that.”

Tarasca said it was during the pandemic and city services were not operating as normal, but a couple of years later, he went to get a permit.

“When I went to get the permit, they said ‘you’re on city land’ and this is where everything started,” said Tarasca.

The strip of land in question is 20 feet by 100 feet.

This area is considered parkland and there are public pathways next to Tarasca’s encroachment, one which leads to the Bruce Trail.

Tarasca said he always maintained the area where he ended up building the garage, assuming it was his.

“I always cut the grass, and did all that stuff,” he said.

Tarasca has already paid a $7,000 fine and through his lawyer, has offered to buy the land from the city.

The city said it is not for sale.

“It’s not our practice to sell city parkland because we do have a mandate from council to increase the amount of parkland we have across the city,” said Cynthia Graham, the director of environmental services with the City of Hamilton.

The City of Hamilton made their decision final during a Wednesday meeting – the $400,000 garage and driveway have got to go.

WATCH MORE: City to order demolition of unauthorized dwelling on Hamilton parkland

They said there is infrastructure in the area, and liability issues.

“This is a significant structure and our assessment is that it needed to be removed,” said Graham.

Tarasca said he feels like he is being unfairly targeted, as there are many encroachments in the city that never get this kind of attention.

“They are targeting me, making an example out of me for everyone,” said Tarasca.

Graham said there are plenty of encroachments in the city that are ordered to be removed, but the difference is that they are generally issues concerning small sheds or fences.

“The way that his encroachment has been managed in this way isn’t different than how we have dealt with encroachments across the city in the past,” said Graham. “It is pretty significant and on the larger end of encroachments that I have seen in my career in the city.”

Tarasca said he has received random threats because of this ordeal, and while he should have gotten a permit before building, he wants to make the situation right by the city without removing his garage.

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