Galiano Island Local Trust Committee regular meeting, August 19, 2021

[0:00:00] Voice 7: okay okay we're good to go doesn't

[0:00:09] Voice 8: show her it doesn't show her in the attendees list though

[0:00:12] Voice 8: oh

[0:00:13] Voice 7: i'm

[0:00:15] Voice 8: not sure why she's not getting in uh and robert gather cole as well he's asking if it's

[0:00:24] Voice 8: correct but it is it's what i sent to everyone oh there hold on who's coming in robert's in okay

[0:00:32] Voice 8: Okay,

[0:00:33] Voice 7: and Carly is struggling to get in.

[0:00:48] Voice 7: I'm sorry, kind

[0:00:55] Voice 8: of need her.

[0:00:57] Voice 7: Yeah.

[0:01:00] Voice 8: Oh, there she is.

[0:01:02] Voice 8: Okay, good.

[0:01:03] Voice 8: All right.

[0:01:06] Voice 1: Okay, so are we recording?

[0:01:08] Voice 1: Yeah, we are recording.

[0:01:09] Voice 1: Okay.

[0:01:10] Voice 7: Yeah, sorry.

[0:01:11] Voice 1: Okay, so we'll get going.

[0:01:12] Voice 1: So just to open the meeting, my name is Phil Testimel.

[0:01:17] Voice 1: i'm a planner with the islands trust and the secretary to the um galliano island board of

[0:01:24] Voice 1: variants um and just administratively as we don't have a chair at this point as a

[0:01:31] Voice 1: board has not met for five years i will run a meeting for the first few agenda items

[0:01:36] Voice 1: and then once the chair is nominated then i'll pass the meeting over to the chair so to start

[0:01:42] Voice 1: I would like to begin the hearing by acknowledging with respect that we are meeting on the treaty

[0:01:48] Voice 1: lands and traditional territory of the Coast Salish First Nations. Myself and other staff

[0:01:54] Voice 1: have come meeting from the Esquimalt, Lgonquin and Songhees First Nation territories and as we're

[0:02:01] Voice 1: gathering digitally from many locations I encourage participants members to share and acknowledge

[0:02:08] Voice 1: as treaty and traditional territories in the meeting chat function as part of reconciliation

[0:02:14] Voice 1: with First Nations. So the first item on the agenda is for approval of the agenda. So we'll

[0:02:29] Voice 1: look, oh sorry, actually one, I beg your pardon, I'll just introduce everybody. And first off,

[0:02:35] Voice 1: Jim Petrie sends his regrets he unfortunately is not feeling well today so he couldn't didn't feel

[0:02:42] Voice 1: like he could attend that said we do have a quorum of two and all being well we should be able to

[0:02:48] Voice 1: proceed and finalize this depending on the outcome so I want to introduce Priscilla Zimmerman who's

[0:02:57] Voice 1: one of our board members and Priscilla Eubank and I believe both of you are coming from Saturna today

[0:03:04] Voice 1: staff today we have um dion laforte who is running the uh the meeting for us and doing a great job

[0:03:12] Voice 1: she's having to jump through the hoops of zoom which are always kind of tricky

[0:03:17] Voice 1: carly bilney is our minute taker and um brad smith island planner is also here as well

[0:03:23] Voice 1: um and that's again myself um i believe the applicant um rob gather cole is here and i don't

[0:03:31] Voice 1: no uh if there's anybody from the audience attending no

[0:03:35] Voice 8: there's just robert's there

[0:03:36] Voice 8: okay

[0:03:37] Voice 1: um so again sorry back to uh the second item on the agenda is to uh approve approve the agenda

[0:03:45] Voice 1: so we're looking for a motion to approve a motion to approve seconded by priscilla so um

[0:03:54] Voice 1: um that passes i guess we can just pass that probably should call a vote but that's okay

[0:04:01] Voice 1: Okay. So then the third item, I believe, sorry, I just got to get my, I lost my agenda here, is to

[0:04:10] Voice 1: nominate a chair for the Board of Variants. So you can either nominate yourself or you can

[0:04:20] Voice 1: nominate another. I'll

[0:04:22] Voice 5: nominate myself.

[0:04:23] Voice 1: Okay. So we'll look to, is that seconded, Priscilla?

[0:04:28] Voice 1: other priscilla so you'll call for a vote yeah all in favor so that passes so i'll pass the

[0:04:39] Voice 1: meeting over to you priscilla now that we have um uh chosen yourself as the second chair this

[0:04:47] Voice 1: is the second chair you've got today so there you go so um

[0:04:51] Voice 5: and please bear with me again because

[0:04:54] Voice 5: this is only my second time chairing this um and so um i i would like to ask you to um present your

[0:05:05] Voice 5: your um report please um

[0:05:09] Voice 1: just one sorry just a point of order uh we do need to accept or approve

[0:05:14] Voice 1: the minutes from the last meeting which i understand is from 2016 but um just as a matter of

[0:05:20] Voice 1: of administration, we need to approve those.

[0:05:24] Voice 5: Thank you, and I think Priscilla was there,

[0:05:26] Voice 5: so I would invite her to.

[0:05:29] Voice 6: Yes, so I move to accept those minutes.

[0:05:31] Voice 6: Five years goes fast.

[0:05:37] Voice 5: Okay, and I second.

[0:05:43] Voice 5: Okay, and now I would invite Phil,

[0:05:49] Voice 5: you to make your report, please.

[0:05:52] Voice 5: Sure, thank you, Chair.

[0:05:55] Voice 1: Chair. So this application is Galliano or GLBOV 2021.1 for Gather Coal 555 Ganner Drive on

[0:06:05] Voice 1: Galliano. And the appeal is to the Board of Variants to vary the Galliano Island land use

[0:06:11] Voice 1: bylaw for frontline lot line setbacks for an existing dwelling and attached deck on the subject

[0:06:17] Voice 1: property. So specifically article 5.3.8.1 states that buildings and structures must be 7.5 meters

[0:06:26] Voice 1: from the front lot line and that would be varied to permit an existing building and dwelling

[0:06:31] Voice 1: or sorry dwelling and deck within five point sorry the dwelling within 5.85 meters of the

[0:06:39] Voice 1: front lot line and existing structure which is the deck within 4.13 meters of the front lot line.

[0:06:47] Voice 1: so this application is being made under section 540 a i of the local government act and it's for

[0:06:54] Voice 1: variance to a bylaw respecting the sighting size or dimensions of a building or structure

[0:07:00] Voice 1: so the applicant's rationale in support is to legalize an existing dwelling and attached deck

[0:07:06] Voice 1: and to permit necessary structural alterations which are foundation repairs and racing to

[0:07:12] Voice 1: seismically stabilize the dwelling so this application has come as a result of a building

[0:07:18] Voice 1: permit review application and just referencing figure two which is on page four of the report

[0:07:24] Voice 1: or page eight of the agenda those variances would legalize siting infractions of the dwelling and

[0:07:33] Voice 1: permit structural alterations which include the replacement of current foundations footings

[0:07:39] Voice 1: and posts and the addition of diagonal bracing to seismically stabilize the dwelling so just uh to

[0:07:46] Voice 1: note there are no additions to the dwelling or deck that are being proposed with this

[0:07:50] Voice 1: so the background is on the um on the dwelling itself and the um history with with owners so

[0:08:00] Voice 1: the applicants purchased this property uh in october of last year and the survey and the

[0:08:06] Voice 1: the other documentation that they were provided with was a poor resolution and was somewhat

[0:08:12] Voice 1: confusing and they were unfortunately were unaware that the dwelling and deck were

[0:08:18] Voice 1: cited illegally until the building permit review which I mentioned was made for the proposed

[0:08:26] Voice 1: upgrades. So the history on the construction and building permit for the property is provided on

[0:08:35] Voice 1: on page two of the staff report,

[0:08:37] Voice 1: but I'll just go through it briefly.

[0:08:39] Voice 1: So the dwelling was originally constructed by the owner,

[0:08:43] Voice 1: an owner built in 1980,

[0:08:45] Voice 1: and it was 43.5 meters squared cabin with a loft.

[0:08:50] Voice 1: And then between,

[0:08:52] Voice 1: and that was done under a building permit.

[0:08:54] Voice 1: Although at that time there was no requirement for surveys

[0:08:57] Voice 1: and the, of course,

[0:09:00] Voice 1: so when the building was constructed

[0:09:02] Voice 1: and finalized with the permit,

[0:09:04] Voice 1: there was no survey that accompanied that to verify siting then between 1980 and 2008 there

[0:09:11] Voice 1: is no building permit record but there are numerous additions that were made to the

[0:09:16] Voice 1: building and to the creation of decks all of those appear to be have done without a building permit

[0:09:23] Voice 1: and then in 2008 there was a building permit for an addition to the west top floor bedroom

[0:09:28] Voice 1: and at that point the building is approximately recorded as being about 71.3 meters squared

[0:09:38] Voice 1: and as part of that later BP application there was a survey done in 2006 that's attachment four

[0:09:46] Voice 1: and that does indicate the set of the front yard sighting infraction and now

[0:09:53] Voice 1: but that was never addressed with that building permit application nor was it referred to the

[0:09:59] Voice 1: islands trust so the only as I said the non-conformity was only brought to the

[0:10:04] Voice 1: attention of the owners when they actually had a new survey contracted for their building

[0:10:12] Voice 1: permit application and discovered that the building was cited in error so other than a

[0:10:19] Voice 1: variance the alternatives available to the owners are to remedy that situation um or to either alter

[0:10:25] Voice 1: the well the deck and dwelling to conform or or to move the dwelling back both of those options

[0:10:33] Voice 1: would incur a large cost uh require tree removal and entail further engineering due to slope

[0:10:39] Voice 1: conditions on the property which um the slope increases quite significantly back from the

[0:10:46] Voice 1: the dwelling so if the appeal is not granted by the board of variance the applicants still have

[0:10:52] Voice 1: the app the option to apply for a development variance permit um with the galliano local trust

[0:10:57] Voice 1: committee um so just briefly in addition to the subject dwelling and deck there is a pump house

[0:11:03] Voice 1: and an abandoned outhouse uh on the property and they according to the owners the outhouse is to

[0:11:10] Voice 1: to be demolished.

[0:11:13] Voice 1: Just some background on minor variance and undue hardship.

[0:11:18] Voice 1: So the Local Government Act establishes

[0:11:21] Voice 1: that a Board of Variants may order a minor variance

[0:11:25] Voice 1: be permitted provided that the Board finds

[0:11:27] Voice 1: that undue hardship would be caused to the applicant

[0:11:29] Voice 1: if the variance isn't granted.

[0:11:31] Voice 1: The applicants have provided a response

[0:11:33] Voice 1: to the question of minor variance and undue hardship

[0:11:38] Voice 1: and that's on pages four and five of the agenda similarly the local government act states that

[0:11:47] Voice 1: the board may grant that variance if it's of the opinion that it doesn't defeat the intent

[0:11:51] Voice 1: of the bylaw and in this case the sorry the board has to make their own determination on that but in

[0:11:59] Voice 1: this case the intent of that bylaw would be to which would be the front yard setback would be

[0:12:05] Voice 1: to limit the visual impact of development from adjacent properties in the public roadway

[0:12:10] Voice 1: establishing a consistent development of development pattern in the local area protection

[0:12:15] Voice 1: of views scenic areas and distinctive features maintaining a rural character and establishing

[0:12:21] Voice 1: certainty with respect to residential development by maintaining consistent sighting the notices

[0:12:28] Voice 1: as required were circulated to all adjacent landowners and in addition we posted copies

[0:12:36] Voice 1: on the island bulletin boards and the islands trust website and to this point we have received

[0:12:43] Voice 1: no response from any neighbors so briefly the legislative context so a person may apply to

[0:12:51] Voice 1: the board of variance to very certain zoning bylaw provisions where the applicant can adequately

[0:12:56] Voice 1: to the satisfaction of the Board that compliance with the by-law provisions would cause the applicant undue hardship.

[0:13:05] Voice 1: The Section 542 of the Local Government Act establishes that they may only order a minor variance

[0:13:14] Voice 1: permitted from the requirements of the by-law if the Board of Variants has heard from the applicant

[0:13:23] Voice 1: and any person whose interest would be affected finds undue hardship and is of the opinion that

[0:13:31] Voice 1: the exemption would not result in an inappropriate development of the site adversely affect the

[0:13:38] Voice 1: natural environment substantially affect the use and enjoyment of the adjacent land

[0:13:42] Voice 1: vary uses and densities under the applicable bylaw defeat the intent of the bylaw vary the

[0:13:50] Voice 1: application of an applicable bylaw in relation to that's actually moved sorry residential rental

[0:13:56] Voice 1: tenure there's further legal requirements that that any order may not be in conflict with any

[0:14:05] Voice 1: encumbrances legal encumbrances such as covenants land use contracts phase development all of those

[0:14:12] Voice 1: are non-applicable in this case so given that staff is satisfied that the notification has

[0:14:18] Voice 1: been undertaken the proposed development is of minor nature the natural environment will not be

[0:14:26] Voice 1: adversely impacted as there are no sensitive ecosystems on the property and the and sorry

[0:14:32] Voice 1: there are no additions being made to the existing dwelling or structure so the variance will not

[0:14:37] Voice 1: impact the use and enjoyment of neighboring properties as the dwelling has been in place

[0:14:42] Voice 1: for over 40 years and the the deck to the at a minimum has been in place for 12 years

[0:14:49] Voice 1: and additionally the dwelling and deck conform to the side and rear yard setbacks

[0:14:55] Voice 1: uh the variance does not vary permitted uses or density and does not defeat the intent of the

[0:15:03] Voice 1: bylaw and finally the variance would not be in conflict with any covenants or permits

[0:15:08] Voice 1: so lastly uh just to the board that they should be satisfied that the requirements of the local

[0:15:14] Voice 1: government act have been met and specifically that the owner would experience a hardship if

[0:15:19] Voice 1: the appeal is not granted and that the proposed variance is minor in nature and that's the summary

[0:15:26] Voice 1: of my staff report thank

[0:15:30] Voice 5: you um priscilla any comments i

[0:15:35] Voice 6: have really uh phil appreciate the

[0:15:38] Voice 6: The historical background on all of that, living on a Gulf Island myself and knowing things that there has been a historical tide of how we have been able to build and the increasing interaction with the building code and the CRD.

[0:15:55] Voice 6: So I can imagine in 1980 that what was accomplished was very legal and what was being done at the time.

[0:16:04] Voice 6: and um so that helps me understand what has happened um historically because that's it's

[0:16:13] Voice 6: essentially having the legal setback from the road allowance on the front lot line there which is

[0:16:19] Voice 6: certainly not anything that we would want to establish as a precedent or anything like that

[0:16:24] Voice 6: so i can see that uh if they want to be 12 feet from the road allowance that certainly is

[0:16:30] Voice 6: is something that they will deal with i just a small thing i am surprised that you could sell

[0:16:36] Voice 6: property and housing without seeing if it was up to code i i know that's not covered in the

[0:16:43] Voice 6: trust thing but it did surprise me so um i you've done really good work here as far as i'm concerned

[0:16:50] Voice 6: in explaining the situation to us and us not having a site visit which i'm normally very keen

[0:16:57] Voice 6: on because that's i feel pretty critical to why you have a board of variants anyway so i am i feel

[0:17:06] Voice 6: that i have all the information plus the photographs that brad prepared and your um very

[0:17:12] Voice 6: good report on what's happened so i'm satisfied that i have all the material to make a decision

[0:17:18] Voice 6: thanks

[0:17:19] Voice 1: to brad for doing the site visit for us um and um the gather calls may be able to comment

[0:17:25] Voice 1: further if um when invited on um the what what they sort of assumed when they purchased the

[0:17:33] Voice 1: property um and just to comment it is the obligation of the purchaser uh to satisfy

[0:17:41] Voice 1: themselves that um everything is legal on the property but unfortunately as i said the

[0:17:46] Voice 1: information that came from the crd which was attached to the report um is not exactly clear

[0:17:53] Voice 1: I mean, we had to sort of parse it together, and it doesn't present a clear picture.

[0:17:59] Voice 1: We were able to clarify it a bit further, but it is basically a situation where I think

[0:18:06] Voice 1: they were caught unawares of the situation and sort

[0:18:10] Voice 6: of been forced with

[0:18:11] Voice 1: it, I guess you

[0:18:12] Voice 1: could say.

[0:18:13] Voice 1: So, yeah.

[0:18:13] Voice 6: Great.

[0:18:17] Voice 5: Yeah.

[0:18:17] Voice 5: Yeah. Thank you, Phil, again, for your thorough presentation and helping us understand the situation.

[0:18:26] Voice 5: And it's certainly understandable how something like this could happen.

[0:18:32] Voice 5: And the building codes are changing, maybe not as we speak, but they change every year to become more restrictive in a way with structure.

[0:18:47] Voice 6: more

[0:18:47] Voice 5: onerous with structural uh considerations so um i i think it's a great thing that these

[0:18:55] Voice 5: folks want to upgrade and and make the house a safer place to live and the site is clearly uh

[0:19:02] Voice 5: it would be a tough site to build on so it's understandable how something like this could

[0:19:08] Voice 5: happen while you were still trying very hard to to uh to dot the i's and cross the t's and

[0:19:15] Voice 5: and play by the rules.

[0:19:16] Voice 5: So I think that's,

[0:19:22] Voice 5: thank you for helping us understand it.

[0:19:25] Voice 5: And I think now we can promote the applicant to a panelist

[0:19:33] Voice 5: if Priscilla doesn't have anything else to add.

[0:19:37] Voice 6: No, I don't.

[0:19:38] Voice 5: Thank you.

[0:19:39] Voice 1: I was just gonna quickly add though that this is,

[0:19:42] Voice 1: and I was saying this to Priscilla Eubank a bit earlier,

[0:19:44] Voice 1: this is not to be flippant,

[0:19:47] Voice 1: but this is kind of our stock and trade at this point with variances it wasn't uncommon for

[0:19:51] Voice 1: buildings to be built up to even the late 90s without any survey dwellings and it's very common

[0:19:59] Voice 1: that we through this process or through a change of ownership that we do find that buildings were

[0:20:05] Voice 1: cited in error unbeknownst to anybody involved and if you look at the original site plan you

[0:20:11] Voice 1: can maybe understand why an error may have been made because it wasn't very rigorous so i just

[0:20:17] Voice 1: add that comment so yeah

[0:20:18] Voice 7: yeah

[0:20:19] Voice 1: that's

[0:20:23] Voice 7: what they are yeah

[0:20:24] Voice 5: so um does the do the the uh gather

[0:20:30] Voice 5: calls have anything to say and can we ask them for comments yeah

[0:20:35] Voice 4: um

[0:20:37] Voice 2: i think i think phil's done a

[0:20:39] Voice 2: great job describing the uh the situation um yeah i mean hindsight's wonderful um with we you know

[0:20:50] Voice 2: knowing what the what we've encountered since purchasing but um at the time we we trusted the

[0:20:57] Voice 2: the information we were given and um so um yeah do you have anything to say no

[0:21:05] Voice 3: i think i think

[0:21:06] Voice 3: phil has done a great job um thank you for that and i think just uh i think one of the things

[0:21:12] Voice 3: that also threw us off and and to keep in mind in in terms of the setback is that our while while

[0:21:17] Voice 3: we are in variance from the setback to the property line the road is actually significantly

[0:21:22] Voice 3: further than that so there's still a lot of space between um the house and the road oh good

[0:21:28] Voice 3: especially

[0:21:29] Voice 6: with kids yeah

[0:21:30] Voice 3: definitely yes

[0:21:34] Voice 4: i agree there is a lot of frontage between the deck where

[0:21:37] Voice 4: it's sited now and and the road and so really that extension into the setback really makes

[0:21:43] Voice 4: no significant difference or impact to any of the neighbors or the safety or use of the roadway

[0:21:49] Voice 4: yeah

[0:21:51] Voice 1: yeah and that just points to the fact that our regulations are to property lines and

[0:21:56] Voice 1: and the road right-of-ways are often, well, are quite wide, and the roads are quite usually narrow,

[0:22:03] Voice 1: the road surface, so it can actually be a case that it's even more than, or almost more than

[0:22:08] Voice 1: the actual setback to, from the property line to the road surface, so yeah.

[0:22:13] Voice 5: Yeah, so, and attempting

[0:22:17] Voice 5: to move the house, or do something that doesn't make any sense, would just damage everything more,

[0:22:23] Voice 5: It's just, again, common sense, I think, to upgrade the existing house structurally, make it safe, and enjoy your lives in a beautiful island.

[0:22:37] Voice 5: so um so uh i think the next thing would be and tell me phil if i'm jumping the gun uh just to

[0:22:50] Voice 5: summarize the following local government act requirements sure

[0:22:54] Voice 1: you can yeah i would do that

[0:22:56] Voice 1: just very yeah briefly yeah just that's been noted so okay

[0:23:01] Voice 5: section 542 establishes that the

[0:23:04] Voice 5: The Board of Variants may order an exemption to the prohibition if the Board of Variants

[0:23:09] Voice 5: has heard from the applicant and any person notified under Section 541 finds that undue

[0:23:18] Voice 5: hardship would be caused to the applicant if the bylaw or Section 5311 is complied with

[0:23:25] Voice 5: and is of the opinion that the variance or exemption does not do any of the following

[0:23:30] Voice 5: Result in inappropriate development of the site, adversely affect the natural environment, substantially affect the use and enjoyment of adjacent land, vary permitted uses and densities under the applicable bylaw, and defeat the intent of the bylaw.

[0:23:50] Voice 5: And so now I would ask that we vote.

[0:23:58] Voice 1: yes i want to make a motion for a resolution which i have provided by email um yes plus that

[0:24:06] Voice 1: the board would like to alter that resolution okay

[0:24:11] Voice 5: just bear with me i have a lot of stuff open here

[0:24:14] Voice 5: sorry um so the resolution i would say the resolution for approval that having considered

[0:24:22] Voice 5: the matter set out in S. 541, 542.1C of the Local Government Act and having found that undue

[0:24:32] Voice 5: hardship would be caused to the applicant if Article 5.3.8.1 of the Galliano Island Land Use

[0:24:39] Voice 5: By-law is complied with, the Galliano Island Board of Variants approve application GL-BOV-2021.1

[0:24:50] Voice 5: gather coal to permit an existing building dwelling to be sited within 5.85 meters of the

[0:24:58] Voice 5: front lot line and an existing attached structured deck within 4.13 meters of the front lot line as

[0:25:06] Voice 5: shown on Schedule A of the GL-BOV-2021.1 Notice of Hearing. So I would call for a vote and everyone

[0:25:22] Voice 5: Everyone in favor?

[0:25:25] Voice 5: In favor?

[0:25:28] Voice 5: Both Priscilla's?

[0:25:32] Voice 5: Passes.

[0:25:39] Voice 5: So, sorry, Phil, do I turn it over to you now?

[0:25:45] Voice 1: No, no, you still, I mean, the only thing left to do is we can thank the applicants for, and you can adjourn or we can adjourn by consent.

[0:25:54] Voice 1: so um

[0:25:55] Voice 5: i want to thank the applicants again i want to thank you uh for a job very well done and uh

[0:26:02] Voice 5: and uh everyone take care and i make a motion to adjourn i

[0:26:10] Voice 6: second that okay

[0:26:12] Voice 1: thanks everybody

[0:26:13] Voice 1: okay

[0:26:14] Voice 5: thank you all

[0:26:16] Voice 1: right thanks carry on

[0:26:17] Voice 1: thanks okay thanks priscilla's

[0:26:21] Voice 4: thanks

[0:26:22] Voice 1: yeah okay bye-bye

[0:26:24] Voice 1: take care thanks

[0:26:24] Voice 4: everyone take care bye everyone

[0:26:31] Voice 7: thanks bye everybody thank you bye