qathet Regional District directors have passed a zoning amendment bylaw to allow a Nootka Street-area residence to have an accessory building.
At the May 13 regional board meeting, the board considered third reading and adoption of the amendment bylaw which would allow a residence on Yaroshuk Road to have an accessory building with a floor area no greater than 1,200 square feet.
Electoral Area B director Mark Gisborne said he sees the matter from both sides. He said the Nootka Street zoning bylaw restricts the number of dwelling units.
“It’s a controversial bylaw that was brought in by referendum in 1999,” said Gisborne. “It was updated when the Area B official community plan was updated, but it was updated for minimum parcel size. It was not updated to recognize accessory dwelling units.
“I very much support the official community plan and I support accessory dwelling units. However, the zoning bylaw does not. What we have before us is an application to allow an accessory dwelling unit and this bylaw would also put a limitation on the size of the accessory dwelling unit.”
Gisborne said the reason he does not support the amendment is because the applicant constructed the accessory dwelling unit in full knowledge that it was not compliant with the zoning bylaw. He said after enforcement was brought into effect, the homeowners put in an application to change the zoning bylaw for their property.
“That sets a really bad precedent if we go ahead and approve it,” said Gisborne. “That shows to everyone else, in Myrtle Pond, Traff Road and Nootka Street, if you don’t comply with our zoning bylaw, just apply and we’ll change it. That’s not a good way to handle these things.”
He said he supports accessory dwelling units in the Nootka Street zone, but this individual application goes against the purpose of the bylaw.
Electoral Area C director and board chair Clay Brander said the individual came to the regional district and went through all the hoops that were necessary, paying the fees to have this done.
“There were no negative public comments about the application, so we would be putting ourselves in a precarious position if we were to not support this,” said Brander. “They did everything that was asked of them. For us to turn it down for no other reason than a similar bylaw amendment would be made in the future would be inappropriate.”
Electoral Area D director Sandy McCormick said she agreed with Brander’s comments.
“The person went through this process in good faith and we need to honour the process we set up for this type of amendment,” said McCormick. “I don’t see it as being contradictory to the Nootka Street zoning bylaw because we are going to change that. We all agree that secondary units will be allowed. We need to carry on and make the revisions to the bylaw.”
Brander said the board does not exactly know what is going to happen in the future because the vote hasn’t been taken, but there has been support in previous conversations.
The board voted on third reading of the zoning amendment bylaw and passed it unanimously.
On final adoption, the motion passed, with Gisborne opposed.
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