Salt Spring LTC Regular Meeting Addendum

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Salt Spring Island Local Trust Committee
Regular Meeting Addendum
 

Date:Tuesday, November 10, 2020
Time:9:30 a.m.
Location:Electronic Meeting
Pages
10.APPLICATIONS AND REFERRALS
10:30 AM - 12:30 PM
10.9.SS-TUP-2020.4 - M. Cahill, Charlie's Excavating - 570 Blackburn Road, SSI
2
Request to Temporarily Cease Bylaw Enforcement Action for a Continuing
Use While Processing an Application in Consideration of a Community Need

  MEMORANDUM 
  
Islands Trust Memorandum 1 
File No.: SS-TUP-2020.4 
 
(Cross Ref. No. SS-BE-2019.62) 
DATE OF MEETING: November 10, 2020 
TO: Salt Spring Island Local Trust Committee 
FROM: Kristine Mayes, Planner 1, Salt Spring Island Team 
COPY: Stefan Cermak, Regional Planning Manager, Salt Spring Island Team 
SUBJECT: Request to Temporarily Cease Bylaw Enforcement Action for a Continuing Use While Processing 
an Application in Consideration of a Community Need 
 Applicant: Gosco Holdings dba Charlie's Excavating (M. Cahill) 
 Location: 570 Blackburn Road, Salt Spring Island, BC (PID: 002-718-596) 
PURPOSE 
The  applicant  for  SS-TUP-2020.4  is  requesting  that  the  Salt  Spring  Island  Local Trust  Community  deem there  to  be  a 
community need to process SS-TUP2020.4 while prohibited uses continue on the subject property (570 Blackburn road) 
in accordance with Salt Spring Island Standing Resolution SS-2020-045. 
BACKGROUND 
Standing Resolution SS-2020-045 
At the meeting of April 28, 2020, the Salt Spring Island Local Trust Committee (LTC) passed the following resolution: 
SS-2020-045 
It was MOVED and SECONDED, that the Salt Spring Island Local Trust Committee adopt the following policy 
on unlawful land uses and planning applications:  
a. Where an application is received and a use is continuing in contravention of a land use bylaw, staff are 
directed to request that the applicant cease the use prior to processing the application, and that staff are 
directed to continue with enforcement until the use is ceased.  
b. The applicant may request that the Local Trust Committee proceed with consideration of the application 
while the use is continuing; and, where the Local Trust Committee considers there is a community need 
to process the application while the prohibited use is continuing, the Local Trust Committee may direct 
that bylaw enforcement actions, including the issuing of notices, temporarily cease.  
c. Where the Local Trust Committee does not consider that there is a community need, or the applicant has 
not made such a request of the Local Trust Committee; bylaw enforcement actions, including the issuing 
of notices, will continue.  
d. In deciding whether to grant land use approval for a use that was commenced in contravention of a land 
use bylaw, the Local Trust Committee may consider whether the applicant has suspended the prohibited 
land use pending a decision on the application.  
CARRIED 
Application 
The subject property (Figure No. 1 & 2) is located in south-central Salt Spring Island on the 

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