North Pender BOV Meeting Minutes

Extracted text (beginning)

North Pender Board of Variance     
Minutes of a Hearing   
July 26, 2023 ADOPTED 1 of 3 
 
North Pender Island Board of Variance 
Minutes of a Hearing 
 
 
 
Members Present: Andrew MacLean, BOV Member (Acting Chair) 
Bert Hol, BOV Member 
 
Staff Present: 
 
Brad Smith, Island Planner 
Sarah Shugar, Recorder 
Applicants: Heather Cameron 
Kevin Zembik 
 
These minutes follow the order of the agenda although the sequence may have varied. The electronic 
meeting was live streamed, recorded, and made available for public viewing. 
 
1. CALL TO ORDER 
 
Planner Smith called the meeting to order at 11:02 a.m.  
 
By general consent, the Board of Variance delegated Member MacLean to be Acting 
Chair for the meeting. 
 
2. APPROVAL OF AGENDA 
 
By general consent, the agenda was approved as presented. 
 
3. MINUTES 
 
 3.1 North Pender Board of Variance Minutes Dated June 13, 2023 (for Adoption) 
 
By general consent, the Board of Variance meeting minutes of June 13, 2023 were 
adopted as presented. 
 
4. UPDATE FROM SECRETARY 
 
 Planner Smith reported the Board of Variance members attended a site visit at 1604 Chart Drive, 
Pender Island on July 24, 2023. 
  
  
Date: 
Location: 
July 26, 2023 
Electronic Meeting (Zoom Webinar) 
A D O P T E D 

 
North Pender Board of Variance     
Minutes of a Hearing   
July 26, 2023 ADOPTED 2 of 3 
 
5. APPLICATIONS 
 
5.1  NP-BOV-2023.1 (Cameron) - Staff Report 
Planner Smith presented a summary of the staff report dated July 26, 2023 regarding an 
appeal to the Board of Variance to vary the North Pender Island Land Use Bylaw No. 
224, 2023 (LUB) to permit the construction of a new dwelling and decks along with 
associated retaining walls within the 15 metre setback from the natural boundary of the 
sea, and to legalize two existing concrete septic tanks currently sited within this same 15 
metre setback. This application is being made under Section 540 (a) (i) of the Local 
Government Act for a variance to a bylaw respecting the siting, size or dimensions of a 
building or other structure.  
Applicants Cameron and Zembik spoke to the application.  
In discussion, the following items were noted: 
 Concern was expressed regarding the siting of the septic tanks and the potential for 
impacts to the ocean. Concern was expressed whether a septic pump out truck 
could reach the septic tanks at the current proposed location. The applicant advised 
the septic tanks could potentially be moved and plastic tanks could be installed. The 
applicant advised the neighbor has offered to use their driveway to access the septic 
tanks. It was also added that the preferred design for septic tanks is to be 
downgrade from the house due to power outages etc. Concern was expressed 
regarding the age of the septic tanks. 
 It was noted that retaining walls are used to hold back soil although would not 
provide protection from runoff into the ocean. The existing retaining wall looks like 
it may need to be raised to contain the sand 

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