North Pender BOV Meeting Minutes

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North Pender Board of Variance     
Minutes of a Hearing   
January 19, 2022 ADOPTED 1 of 2 
      
North Pender Island Board of Variance 
Minutes of a Hearing 
 
 
 
 
Members Present: Priscilla Zimmerman, BOV Chair 
Andrew MacLean, BOV Member 
  
Staff Present: 
 
Phil Testemale, Planner 2 – Secretary to the NPI Board of Variance 
Robert Kojima, Regional Planning Manager 
Shannon Brayford, Recorder 
Robin Ellchuk, Planning Assistant (Host) 
 
Applicant Representatives: Chelsea Grant (Applicant),  
Charlie Keay (property owner) 
Christian Flanagan (Ryzuk Geotechnical Engineering),  
Lehna Malmkvist (Professional Biologist)  
 
1. CALL TO ORDER 
 
Chair Zimmerman called the meeting to order at 9:10 am.  She acknowledged that the meeting 
was being held in traditional territory of the W
̱
SÁNEĆ people. 
 
2. APPROVAL OF AGENDA 
 
By general consensus the agenda was approved as presented.  
 
 
4. MINUTES 
 4.1 August 19, 2021 
By general consent the Board of Variance meeting minutes of August 19, 2021 were 
adopted as presented. 
5. UPDATE FROM SCERETARY 
 
Planner Testemale provided brief updates on board business. He reported that Michael Symons 
had resigned from the Board in December 2021. Planner Testemale also reported that current 
Board  members will be invited to continue for another term, and a call for submissions from 
those interested in joining the board will be released early in the calendar year.  
 
Date: 
Location: 
January 19, 2022 
Electronic Meeting (Zoom Webinar) 
A D O P T E D 

 
North Pender Board of Variance     
Minutes of a Hearing   
January 19, 2022 ADOPTED 2 of 2 
6.  APPLICATIONS 
 
5.1  NP-BOV-2021.2 (Grant) – Staff Report 
Planner Testemale provided an overview of the application including the applicant’s rationale 
for requesting the variance and the supporting professional reports. Planner Testemale also 
outlined letters of support from members of the community and reviewed the legislative 
requirements for granting the variance.  
Chelsea Grant (applicant) provided an overview of the application, its rationale, and the 
project’s compliance with the Green Shores principles. The applicant’s presentation included 
input from the consulting geotechnical engineer and professional biologist, also present.  
The Board requested and received information on the following points:  
- Events leading to identification of foreshore concern.  
- Rationale for applying for a variance.  
- Rationale for identifying hardship.  
Chair Zimmerman noted that no members of the public were in attendance to make comment.  
A discussion was held regarding the height of the south portion of the shoreline protection and 
alternative options should the application be denied.  
NP BOV-2022-001 
It was Moved and Seconded, 
that having considered the matters set out in s.542(1)(c) of the Local Government Act, 
and having found that undue hardship would be caused to the applicant if s.531 (1) of 
the Local Government Act is complied with, t

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