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Building encroaches on qathet Regional District property

Builders attend meeting to take responsibility, ask for easement
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RECOMMENDS REPORT: qathet Regional District chief administrative officer Al Radke recommended directors ask staff for a report regarding the building of a garage that has encroached on regional district property.

A staff report has been recommended to look into a situation where a qathet Regional District (qRD) couple have constructed a facility that has encroached onto regional district land.

Aubrey and Betty Rodgers sent correspondence to the regional district’s committee of the whole on November 10, indicating that a garage they are building is encroaching on regional district property. They stated that construction was immediately suspended and they take full responsibility for this mistake.

Appearing as a delegation, Aubrey said he was constructing a 20- by 24-foot shop. They have the four walls up.

Betty said they are both devastated by what is happening and she appreciated being allowed to appear before the committee.

“We don’t know what happened,” said Betty. “Our property is not square to the road. We’re here asking for help on how to resolve this.”

City director George Doubt told the Rodgers he could appreciate the quandary they are in.

“It takes courage to come here so I appreciate it,” said Doubt.

Doubt added that he did not have a lot of information on the encroachment.

Electoral Area A director Patrick Brabazon said if he’d heard the Rodgers correctly, the slab had been poured and the walls had been erected. Aubrey said that was the case.

Electoral Area B director Mark Gisborne asked if the Rodgers were looking for some kind of easement or some agreement with the regional district so they could continue construction and finish the shop.

Aubrey said that was the case.

In discussion regarding the correspondence, the committee voted to receive it.

Gisborne said he had a question for staff about whether it would be possible to issue some kind of agreement such as a licence of occupation or easement with the property owners for some kind of financial exchange.

“Is that a possibility and what are our policies in relation to someone having something on our land?” asked Gisborne.

Chief administrative officer Al Radke said those questions could be answered in a report.

“I would recommend the best route to go is to ask staff for a report for a future meeting, because as director Doubt has alluded, he has no information such as how much is being encroached upon, what the shape of the lots look like, and we could provide that in a report for you,” said Radke.

Gisborne made a motion to ask the regional board to direct staff to prepare a report on possible solutions to address the encroachment of the Rodgers’ garage on regional district property.

Gisborne said the concrete has been poured, the walls are going up, and there is no roof on the structure. He said hopefully, a report can be submitted, and the matter resolved relatively quickly because the longer wood is out in the elements, the worse it is.

“Getting it done as quickly as possible is ideal,” said Gisborne.

Gisborne’s motion carried.

According to qRD manager of operational services Patrick Devereaux, the properties in question are located at 3247 Byron Road and 3164 Bradford Road. Devereaux said the Bradford Road property belongs to qRD and also fronts Byron Road.