North Pender BOV Agenda Package

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North Pender Island Board of Variance 
Meeting Agenda 
 
 
Date:  January 19, 2022 
 
Time:  9:00 a.m. 
 
Location: Electronic Meeting 
 
 
 
 
1. CALL TO ORDER 
 
2. APPROVAL OF AGENDA 
 
3. MINUTES 
 
 3.1 August 19, 2021 (attached) 
 
4. UPDATE FROM SECRETARY 
 
5. APPLICATIONS 
 
 5.1 NP-BOV-2021.2 (Grant) - Staff Report (attached) 
 
6. ADJOURNMENT 

  
 
 
North Pender Board of Variance     
Minutes of a Hearing   
August 19, 2021  1 of 3
 
      
North Pender Island Board of Variance 
Minutes of a Hearing 
 
 
 
 
Members Present: Andrew MacLean, BOV Member 
Michael Symons, BOV Member 
Priscilla Zimmerman, BOV Member 
  
Staff Present: 
 
Phil Testemale, Planner 2 – Secretary to the NPI Board of Variance 
Carly Bilney, Recorder 
Dionne LoForte, Planning Assistant (Host) 
 
Applicant Representatives: 
 
Members of the Public: 
Heath Lansdowne (Heath Lansdowne Design Studio) 
 
There were three members of the public present.
 
 
 
1. CALL TO ORDER 
 
Planner Testemale called the meeting to order at 9:00 a.m. and acknowledged that the meeting 
was taking place on the traditional territories of the Coast Salish Peoples. 
 
2. APPROVAL OF AGENDA 
 
By general consensus the agenda was approved as presented.  
 
3. SELECTION OF BOARD VARIANCE CHAIR 
 
Planner Testemale asked for nominees for the position of chair. Member Symons nominated 
Member Zimmerman and the nomination was accepted. No further nominations were made.  
 
NP BOV-2021-001 
It was Moved and Seconded 
That the North Pender Island Board of Variance appoint Member Zimmerman as the 
Board of Variance Chair.   
CARRIED 
4. MINUTES 
Date: 
Location: 
August 19, 2021 
Electronic Meeting (Zoom Webinar) 
 
 
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North Pender Board of Variance     
Minutes of a Hearing   
August 19, 2021  2 of 3
 
 4.1 June 19, 2019 
By general consent the Board of Variance meeting minutes of June 19, 2019 
were adopted as presented. 
 
5. APPLICATIONS 
 
5.1  NP-BOV-2021.1 (Lansdowne) – Staff Report 
Planner Testemale provided a summary of the Staff Report related to NP-BOV-2021.1 
(Lansdowne). 
 
Chair Zimmerman invited questions from the Board and the following comments were 
made:
 
 
 The Board of Variance (BOV) must assess whether the applicant can alter or add 
to a nonconforming structure;
 
 If the BOV chooses to grant the exemption, it would be approving the exact 
alterations to the structure that have been laid out in the application;
 
 The plans are based on legal surveys;
 
 It appears that the applicant is continuing the existing use of the dwelling by 
removing a failing deck and replacing it with a newer one;
 
 An undue hardship must be demonstrated and it is hard to determine whether 
there is an applicable hardship in the context of this bylaw;
 
 The existence of Section 540 (c) of the Local Government Act (LGA) presents the 
hardship in this instance; 
 The existence of a law presenting a hardship in and of itself is nonsensical;
 
 There is no conc

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