Mayne Island Local Trust Committee community information meeting, February 26, 2024

[0:00:00] Voice 14: Excellent. Well, hello and good afternoon, everybody, members of the Maine Island Local

[0:00:09] Voice 14: Trust Committee, staff, our recorder, Pat Todd, and members of the public who are joining us here.

[0:00:17] Voice 14: My name is Toby Elliott. I'm elected on Gabriela Island in Sonomuk First Nation Territory,

[0:00:24] Voice 14: and I'm the chair and one of the decision makers of your local trust committee. I'm joined by

[0:00:31] Voice 14: by Trustee David Mott, who's going to give the land or the territorial acknowledgement today,

[0:00:37] Voice 14: and Trustee Janine Dodds.

[0:00:42] Trustee Maude: Oh, good afternoon. Just briefly, just proud to be coming to you

[0:00:47] Trustee Maude: from Main Island, the traditional home of the Wissanik people. It's a wonderful, bright and

[0:00:52] Trustee Maude: sunny day on my side of the island, but apparently it's snowing on the other side, so got to choose

[0:00:58] Trustee Maude: where you live um and thank you very much thank

[0:01:03] Voice 14: you so much trustee maude we're joined by uh staff

[0:01:06] Voice 14: platter narissa chadwick and in the south office uh thank you to emily bryant for backhand technical

[0:01:13] Voice 14: support and uh pad hod as always so with that i'd like to call this meeting to order and um

[0:01:23] Voice 14: um approve the agenda is there any changes or additions for the agenda today no all right

[0:01:32] Voice 14: we'll adopt the agenda as presented and open the meeting for town hall if anyone has any

[0:01:40] Voice 14: questions if you could raise your hand and address the local trust committee um members of local

[0:01:47] Voice 14: trust committee business first and then uh regional planning and uh trust area wide if

[0:01:55] Voice 14: you've got any uh anything you'd like to speak to and applicants you will have a chance to speak

[0:02:01] Voice 14: to your applications if you're here emily i don't see anyone with a raised hand but perhaps i'm not

[0:02:10] Voice 14: seeing the participants i don't see oh there is one attendee tim mackie would you like to address

[0:02:22] Voice 14: the local trust committee all right you've been promoted hello hello

[0:02:29] Voice 9: can you hear me

[0:02:30] Voice 14: yes we can thank you

[0:02:31] Voice 9: okay it's

[0:02:32] Voice 9: just a question in regard to the uh development variance permit

[0:02:37] Voice 9: that's on the agenda are you going to be taking questions from people during that part of the

[0:02:44] Voice 9: agenda or is that what the town hall is for that

[0:02:51] Voice 14: is what the town hall is for unless you're an

[0:02:53] Voice 14: applicant um that's when the trustees can discuss with the applicant uh an application so if you're

[0:03:01] Voice 14: wanting to comment as a member of the public this is your opportunity okay

[0:03:05] Voice 9: i did send a letter in

[0:03:07] Voice 9: I sent it on Sunday. I don't know if the LTC has received it. I think they have. And I don't know if they've had a chance to read it. Do you know?

[0:03:25] Voice 14: We received it yesterday. And so I can't speak for the other trustees, but I haven't had a chance to read it. David's nodding his head. Janine, did you get a chance to see it?

[0:03:39] Voice 5: Yes.

[0:03:41] Voice 5: Okay, then all I need to...

[0:03:42] Voice 9: I did

[0:03:42] Voice 3: forward it to Marissa.

[0:03:44] Voice 3: okay

[0:03:47] Voice 9: then i just want to uh i won't go into the letter i'm just stating my opposition to granting

[0:03:53] Voice 9: the development variance permit and the reasons for that are in the letter

[0:03:57] Voice 6: and

[0:03:58] Voice 9: that's all i want

[0:04:00] Voice 9: to say okay thank you thank

[0:04:08] Voice 14: you mr mackie and thank you for the letter it's it is helpful if

[0:04:12] Voice 14: we can get it a few days earlier than the day before but i totally understand yeah normally

[0:04:17] Voice 9: Normally, I'd be on top of that.

[0:04:20] Voice 14: My apologies.

[0:04:21] Voice 14: No worries.

[0:04:25] Voice 14: Okay, I see Nico Preston has his hand up.

[0:04:31] Voice 14: And you've been promoted to speaker.

[0:04:33] Voice 14: Hello.

[0:04:34] Voice 1: Thank you very much.

[0:04:35] Voice 1: Can you hear me?

[0:04:36] Voice 14: Yes, we can.

[0:04:37] Voice 1: Wonderful.

[0:04:38] Voice 1: Thanks for hearing my concerns.

[0:04:42] Voice 1: Yes, similar to Tim, I'm speaking up to voice opposition to the development proposal.

[0:04:49] Voice 1: for the variants, 2024-1.

[0:04:51] Voice 1: Just wanted to clarify as well,

[0:04:53] Voice 1: the package does state

[0:04:55] Voice 1: that there have not been

[0:04:58] Voice 1: any notifications or concerns,

[0:05:00] Voice 1: or no response to the notification.

[0:05:02] Voice 1: But I did want to clarify

[0:05:03] Voice 1: that we have an outstanding bylaw complaint.

[0:05:05] Voice 1: We spoke with the planner

[0:05:07] Voice 1: during the open comment period

[0:05:08] Voice 1: and submitted in writing

[0:05:10] Voice 1: during the open comment period

[0:05:11] Voice 1: our opposition to the variants.

[0:05:14] Voice 1: Wondering if you could just clarify

[0:05:15] Voice 1: whether that complaint to the planner

[0:05:18] Voice 1: has been received?

[0:05:19] Voice 1: uh

[0:05:23] Voice 14: yes thank you narissa did you i think right i'm just confused you said a bylaw complaint

[0:05:30] Voice 14: um is this a bylaw enforcement complaint or this is a a response to the application that

[0:05:36] Voice 1: no this was a separate bylaw complaint uh regarding the encroachments that have had

[0:05:41] Voice 1: the variance request so that was

[0:05:44] Voice 1: filed on the 6th of february um and we spoke to the bylaw

[0:05:48] Voice 1: officer during the open period as well. I just wanted to be sure the two, the variance was tied.

[0:05:54] Voice 1: I just, in seeing the note that there was no response to the notification, I wanted to clarify

[0:05:58] Voice 1: that there in fact have been multiple responses, including a letter to the LTC in 2022 requesting

[0:06:07] Voice 1: that the encroachments be considered before any consideration of subdivision or change of

[0:06:14] Voice 1: ownership in the property. So I just want to be on the record for those concerns. And then just

[0:06:18] Voice 1: to emphasize as well as the neighbor most directly impacted by the variance that it does, contrary to

[0:06:25] Voice 1: the planning report, indeed have visual impacts on our property with a large window overlooking

[0:06:31] Voice 1: our backyard deck bedroom and bathroom windows and our principal residence. Also impact on the

[0:06:37] Voice 1: rural character of our property. You know, this is a was a 10 acre property beside us yet. We've

[0:06:42] Voice 1: We've got almost 80 continuous meters of roof lines and structures from encroachment to encroachment along this property line.

[0:06:49] Voice 1: And then further that the neighbors have indicated they intend to inhabit the buildings and such that the impact of these buildings has changed since they were built.

[0:06:57] Voice 1: And now the owners are proposing to increase their use and occupancy while simultaneously reducing their lot size through subdivision.

[0:07:03] Voice 1: So overall, in terms of future impacts, we too would like to add an addition or cottage for my newly widowed mother.

[0:07:12] Voice 1: And the presence of that building overlooking and encroaching onto our property line is a challenge.

[0:07:20] Voice 1: Lastly, just that it needs to be considered in the broader context that we did request action from the neighbors two years ago.

[0:07:27] Voice 1: and there's been there's a whole series of um of actions associated with this building in

[0:07:34] Voice 1: particular a cottage and including some continuing trespasses onto our property

[0:07:38] Voice 1: that have not been resolved um they are of course tied to that building so we just wanted to be on

[0:07:43] Voice 1: the record with those concerns and really appreciate you giving us the time to voice them

[0:07:46] Voice 1: thank

[0:07:49] Voice 14: you mr preston um planter chadwick is there an update on sorry are bylaw complaints

[0:07:57] Voice 14: meant to be folded in with applications i'm i'm not certain of how um

[0:08:03] Planner Chadwick (probable): uh no um it's usually uh

[0:08:07] Planner Chadwick (probable): when the bylaw complaint uh is made then the um um the property owner is directed towards a way

[0:08:16] Planner Chadwick (probable): of resolving and so in this case it was application for dvp so um that process is i mean it's related

[0:08:23] Planner Chadwick (probable): but um but that post is sort of independent in terms of the correspondence we received

[0:08:28] Planner Chadwick (probable): specifically for the bylaw complaint um but i

[0:08:33] Planner Chadwick (probable): would add that yes um we have received the

[0:08:35] Planner Chadwick (probable): um the correspondence and um i understand because it's not um and it wasn't my file um

[0:08:42] Planner Chadwick (probable): planner testamal was working on the file and he's unfortunately away um on uh on um pre

[0:08:49] Planner Chadwick (probable): pre, pre-organized vacation time. Um, and, uh, the, I believe the, the first letter came in,

[0:08:56] Planner Chadwick (probable): um, after our deadline to submit, um, uh, staff reports so that they can be processed and then,

[0:09:05] Planner Chadwick (probable): um, and then, um, uh, uh, uh, posted. So, um, when we're, when that circumstance, so what that

[0:09:13] Planner Chadwick (probable): that circumstance happens um we we report and i will report uh when i go through the um the staff

[0:09:21] Planner Chadwick (probable): report there have been a couple of other um um correspondences that have been received so we

[0:09:27] Planner Chadwick (probable): always provide an updated um number of correspondence and then the general gist of

[0:09:32] Planner Chadwick (probable): what was contained in those

[0:09:33] Voice 6: thank

[0:09:36] Voice 14: you connor chadwick um great and if there's nothing else

[0:09:43] Voice 14: Mr. Preston, thank you so much. We've heard your concerns, and I believe we've received the documents you're referring to.

[0:09:53] Voice 14: I do see them collected and sent just early this morning, so I haven't had a chance to review all of those.

[0:10:01] Voice 14: This is the first time I've seen them personally, but definitely have a look at those at that period, considering the application.

[0:10:11] Voice 14: There was somebody else with their hand up, but I think they put their hand back down again.

[0:10:17] Voice 14: Please, McLeod, did you wish to address the local trust committee?

[0:10:28] Voice 14: Okay, so seeing no one else with their hand up, although I do see Kevin Weber,

[0:10:34] Voice 14: security regional park. Okay, great. Wonderful. We will now close the town hall for public comment.

[0:10:43] Voice 14: And of course, Maine Island Local Trust Committee is very lucky to have a second town hall.

[0:10:49] Voice 14: So folks will be able to address local trust committee if you wish at the very end of the

[0:10:54] Voice 14: meeting.

[0:10:59] Voice 14: Emily, if you could, I don't know how to unpromote Mr. Preston here.

[0:11:12] Voice 14: There we are.

[0:11:13] Voice 14: Thank you.

[0:11:14] Voice 14: All right.

[0:11:17] Voice 14: All right, so we've got no reports of a community information meeting or public hearing, and we do have one set of minutes for adoption the local trust committee minutes, January 29 2024.

[0:11:33] Voice 14: Anything to suggest on the changes of those notes will take it by general consent that we will adopt the minutes of January 29 2024.

[0:11:43] Voice 14: 24 and no set no resolutions without meeting there is one set of apc minutes dated february 13 2024

[0:11:55] Voice 14: for receipt and we'll now come to the uh 7.1 the follow-up action list any questions or um items

[0:12:04] Voice 14: to raise the follow-up action list honor chadwick uh nothing from me okay

[0:12:12] Planner Chadwick (probable): all

[0:12:19] Voice 14: righty moving swiftly

[0:12:21] Voice 14: along. No delegations. We've got two pieces of correspondence. 9.1 from Leanne McIntuck

[0:12:30] Voice 14: regarding dog park proposal for BC Ferries. Thank you. Trustee Dodds did raise this as

[0:12:37] Voice 14: a potential topic of discussion. Trustee Dodds, did you? Yeah. Do you have something you want to?

[0:12:46] Voice 14: I can speak to it?

[0:12:47] Voice 3: Sure.

[0:12:48] Voice 3: Okay.

[0:12:49] Voice 3: Yes.

[0:12:51] Voice 3: So I'm wondering, because I know some time ago that BC Ferries was in touch with Planner Chadwick about possible community use of this property.

[0:13:01] Voice 3: I know that, of course, currently we have a temporary use permit for the trail builders housing.

[0:13:06] Voice 3: So I'm just wondering how best to approach BC Ferries with the idea of this being a dog park.

[0:13:13] Voice 3: I am quite well aware that it would most likely have to be under the auspices of the CRD through the Parks and Rec Commission.

[0:13:21] Voice 3: So I'm so much wondering how I can, I'm going to stop my video because I see I'm getting a weak signal.

[0:13:27] Voice 3: So I'm just wondering how best to go forward with this and suspecting that it's probably best if Planner Chadwick,

[0:13:36] Voice 3: Can you contact that BC Ferries person again, or do the Trusts Committee have to write a letter?

[0:13:45] Voice 3: So some direction from Planner Chadwick.

[0:13:48] Planner Chadwick (probable): Yeah, I think the best way to go about it would be a direct letter from the LTC,

[0:13:54] Planner Chadwick (probable): because that would be a way of sort of officially reinitiating that conversation.

[0:13:59] Planner Chadwick (probable): conversation, and particularly if there's a specific interest in mind. As you referred to,

[0:14:07] Planner Chadwick (probable): we had had some initial, I'd had some initial sort of preliminary informal conversations with them,

[0:14:13] Planner Chadwick (probable): they're expressing their interest that they want to support a community use. So if you've got a

[0:14:18] Planner Chadwick (probable): particular use in mind, I think a direct letter would be the most sort of efficient way to move

[0:14:25] Planner Chadwick (probable): forward okay

[0:14:28] Voice 3: so i'm i'm happy to draft a letter i would be sharing it with trustee mod and trustee

[0:14:35] Voice 3: elliot um for their approval prior to it going through to bc ferries but i'm willing to write

[0:14:43] Voice 3: it or to help the chair write it um it's really whoever wants to volunteer to write it um there's

[0:14:48] Voice 1: lots

[0:14:49] Voice 3: of questions to be asked so it's a very tentative letter just saying would bc ferries

[0:14:52] Voice 3: because it is that land is all fenced it's flat it's ideal and once the temporary use permit

[0:14:57] Voice 3: expires and the trailers are removed is the intent as well so it's not an intent to uh to try and go

[0:15:04] Voice 3: in there right now so whoever wants to write the letter um i think i'm saying i'm happy or if that

[0:15:11] Voice 3: the chair would like to do that i'll leave it

[0:15:14] Voice 14: i'm not going to work with you on that

[0:15:15] Voice 14: if

[0:15:15] Voice 3: you're you're

[0:15:17] Voice 14: closest to the issue there um both of you so um just a moment

[0:15:24] Trustee Maude: yes my only thought is that do we want to sort of do a little bit broader sort of consultation

[0:15:30] Trustee Maude: uh with the community on this because you know we've heard from one proponent of it

[0:15:38] Trustee Maude: and like i i don't know it's maybe the neighbors will be totally against it or something

[0:15:42] Trustee Maude: I'm sort of reluctant to advance something without sort of having a broader community input.

[0:15:49] Trustee Maude: Certainly, like just writing a letter saying, are you open to proposals and being very generic about that.

[0:15:58] Trustee Maude: But to be specific in stating that was an interest to the island without sort of doing a little bit more broader consultation, I think might not be the best idea.

[0:16:09] Trustee Maude: yeah but just a generic letter saying are you guys interested exploring proposals

[0:16:17] Voice 14: related to

[0:16:18] Voice 14: community use perhaps

[0:16:20] Trustee Maude: yeah

[0:16:20] Voice 3: um

[0:16:22] Voice 13: don't

[0:16:23] Voice 3: they agree i totally agree it just needs to be quite general

[0:16:26] Voice 3: because obviously the immediate land um um residents on luther road would definitely

[0:16:34] Voice 3: want to have a say personally i think if you went out to the community and said would you like

[0:16:40] Voice 3: you'll be overwhelmed with positive response but we certainly don't want to go there

[0:16:44] Voice 3: and and we can touch base informally with the one or two permanent residents in that area

[0:16:50] Voice 3: um but definitely whatever letter goes out has to be very generic and very very broad so i do agree

[0:16:58] Voice 3: good point and as i say what we've usually done with letters is just share them amongst ourselves

[0:17:02] Voice 3: before they're finally ready to go okay

[0:17:05] Voice 3: so if that's okay um i'll move that trustee dots in

[0:17:08] Voice 3: conjunction with trustee maude and trustee elliott draft a letter to bc ferries seeking

[0:17:15] Voice 3: some general interest in possibly locating a dog park in the land owned by bc ferries adjacent to

[0:17:23] Voice 3: the village bay could we

[0:17:27] Voice 14: could we say inquiring as to their interest in exploring an interim

[0:17:32] Voice 14: community use such as such as a potential park because that kind of opens it up yes community

[0:17:40] Voice 14: use okay thank you pat absolutely i

[0:17:44] Voice 3: know we'll have it well done thanks

[0:17:48] Voice 14: good idea all right so

[0:17:52] Voice 14: we've got a mover um but the l gabriel lt or sorry main ltc will write a letter to bc fairies

[0:18:00] Voice 14: inquiring as to their interest in exploring an interim community use potential for a dog park

[0:18:05] Voice 14: moved by trustee dodd seconded by trustee mott any further discussion no all those in favor

[0:18:13] Voice 14: no i yes

[0:18:16] Voice 3: yes and then

[0:18:18] Voice 14: that is carried thank you so much for moving that along trustee dodds

[0:18:23] Voice 14: then okay so moving to the second piece of correspondence um 9.2 adrian brown regarding

[0:18:33] Voice 14: the vegetation cutting excuse me chair elliott

[0:18:36] Voice 4: sorry i was having trouble getting unmuted um

[0:18:40] Voice 4: i just wanted to review the motion okay sorry the trustee jobs in conjunction with chair elliott and

[0:18:48] Voice 4: trustee maude to draft a letter to bc ferries regarding interest in exploring interim community

[0:18:57] Voice 4: usage of um the yeah i guess we

[0:19:05] Voice 14: should specify the property right

[0:19:06] Voice 4: property adjacent to ferry

[0:19:08] Voice 4: terminal yes or off littler road oh okay by littler property located on your dog okay

[0:19:18] Voice 4: Okay. Okay. So interim usage, interim community usage of property located on Latour Road?

[0:19:30] Voice 14: Yeah. Yeah. And in potential for an interim community use, the potential was the dog park.

[0:19:40] Voice 14: We have that as a potential in the motion. Sorry, we already moved it. So I apologize for moving

[0:19:45] Voice 14: too fast there well

[0:19:47] Voice 4: and i couldn't get unmuted in time um regarding interest for um exploring

[0:19:54] Voice 4: community interim community usage example a dog park

[0:19:58] Voice 14: yes something

[0:20:00] Voice 14: of the

[0:20:04] Voice 4: property located on the tour road okay sure yes

[0:20:08] Voice 13: that sound all good

[0:20:09] Voice 14: okay thank you

[0:20:12] Voice 14: do we need to vote again or we're all good okay we're good thank

[0:20:16] Voice 14: you so much the intent is clear

[0:20:19] Voice 14: Okay. So the vegetation removal, this, interestingly enough, was raised also very recently on Gabriela.

[0:20:27] Voice 14: A lot of concern from property owners. So, page 16 in your agenda.

[0:20:38] Voice 14: Yeah, this relates more to the physical hazards, which I hadn't seen before.

[0:20:45] Voice 14: Sort of with slope stability.

[0:20:47] Voice 3: well um i don't think that was i think the concern for main island was that um the vegetation holds

[0:20:58] Voice 3: water and of course we have very little vegetation and that the brush cutting was going to create

[0:21:05] Voice 3: a bare area on the sides of the roads and it's really about to me i think it was about the

[0:21:10] Voice 3: environmental damage nothing to do with road safety but environmental damage and so at this

[0:21:15] Voice 3: point is also really obvious to me i hope you can hear me because it keeps saying it's a bad

[0:21:21] Voice 3: connection um that i really

[0:21:23] Voice 3: think it's probably a trust-wide issue but i worry about if we send it

[0:21:28] Voice 3: to trust council it might get buried so some advice on how best to get at least even if it

[0:21:33] Voice 3: was the southern island trustees because we have a common contractor mcon um to somehow get a letter

[0:21:40] Voice 3: that was coming fairly quickly to MCON.

[0:21:44] Voice 3: Good. Trustee Mudd?

[0:21:47] Trustee Maude: Of course, unfortunately, events have vastly overtaken

[0:21:50] Trustee Maude: because they're done and gone.

[0:21:52] Trustee Maude: But I think this speaks a lot more to that protocol agreement

[0:21:55] Trustee Maude: that we're trying to get happening

[0:21:59] Trustee Maude: where we're supposed to be having biannual meetings

[0:22:01] Trustee Maude: with the ministry and such.

[0:22:03] Trustee Maude: This is a prime topic for that type of forum.

[0:22:06] Trustee Maude: them um so i don't know we could kick it over to the executive um because the executive is supposed

[0:22:13] Trustee Maude: to be dealing with that um um liaison meeting and say look there there are these ongoing concerns

[0:22:20] Trustee Maude: on the on the islands and um just sort of add that to the pile of concerns uh because i i agree

[0:22:27] Trustee Maude: that you know just coming from from main island probably is not going to mean that much um to to

[0:22:32] Trustee Maude: highways but if if we're compiling a a series of concerns it can sort of add weight to to the need

[0:22:40] Trustee Maude: for this protocol agreement being kicked in and having these meetings it's

[0:22:47] Voice 14: it yeah it's

[0:22:49] Voice 14: it is interesting that it was just raised there's um sort of the perspective on gabriola island is

[0:22:56] Voice 14: the ecological damage that actually the the mis related to the machines that they use that

[0:23:02] Voice 14: actually twist and swirl it doesn't do any damage to invasive species such as broom they just get

[0:23:09] Voice 14: twisted up and they they flourish but it destroys native plants like ocean wood and actually leaves

[0:23:16] Voice 14: really big spikes which are quite dangerous so we as an LTC had requested to set up a meeting with

[0:23:25] Voice 14: with MOTI here. I think they need to hear about this in more of a collective action piece. I don't

[0:23:32] Voice 14: know if it's the Southern Gulf Islands Forum where we could, but I just think we should start with

[0:23:39] Voice 14: perhaps a letter to MOTI requesting a meeting about brush cutting, and if they hear about it

[0:23:44] Voice 14: enough. Trustee Dodds?

[0:23:46] Voice 3: Yeah, it's what I'm saying. It is MO, it's to do with their standard, which

[0:23:50] Voice 3: I stopped to talk to the fellow doing the brush cutting and it's the extent of the brush cutting

[0:23:55] Voice 3: that they want to do, which I think was 15 feet in. So that's a really wide swath and not

[0:24:03] Voice 3: appropriate for the islands at all. So we definitely have to, they don't do it every year,

[0:24:08] Voice 3: but we do need to take action. I think every island is affected and perhaps we could just

[0:24:13] Voice 3: write a letter and copy to all the other islands trust areas yeah

[0:24:19] Voice 14: so

[0:24:20] Voice 3: okay really

[0:24:21] Voice 14: good i'll leave

[0:24:23] Voice 3: you with that letter to do

[0:24:24] Voice 14: okay so we have

[0:24:26] Voice 3: direction that the l the

[0:24:27] Voice 3: main ltc will move

[0:24:29] Voice 3: i'll move that the main island ltc write a letter to the ministry of transport cc the mcon of course

[0:24:36] Voice 3: and to all the other island trust local trust committees um expressing our concerns about the

[0:24:42] Voice 3: be um my word would be overdone or anyways about the brush cutting that's conducted on our islands

[0:24:50] Voice 3: the roadside brush cutting so

[0:24:58] Voice 14: i'm just checking slowing slowing down for a recorder here

[0:25:02] Voice 14: the main island ltc write a letter to moti cc to mcon and all other local trust areas citing

[0:25:12] Voice 14: concerns with the brush cutting um and road side clearing what do you call that protocols techniques

[0:25:26] Voice 14: um

[0:25:26] Trustee Maude: specifications yeah

[0:25:29] Voice 14: practices practices

[0:25:32] Voice 3: is probably a good word yeah yeah because when

[0:25:39] Voice 3: when they cut i mean they take all the salel all the all the low small stuff so this isn't even

[0:25:44] Voice 3: about safety i mean some of what they're doing is clearing the branches back so they don't

[0:25:48] Voice 3: approach for visibility fine but not all the small ground covering that we need to hold the rain

[0:25:53] Voice 3: and you

[0:25:54] Voice 14: know what happened on gorilla that was super shocking we have this native stewardship

[0:25:59] Voice 14: plant program that the land steward society promotes and people had signs out there saying

[0:26:05] Voice 14: that they're protecting native the mower reached over the sign and mowed down the ocean wood spray

[0:26:13] Voice 14: and all the stuff behind it like literally up on the prop and it was just like the poor property

[0:26:20] Voice 14: owner went along with with cutting chairs for the next two weeks pruning everything properly

[0:26:25] Voice 14: because it's just going to cause so much deadwood it was it was an absolute disaster so they've got

[0:26:30] Voice 14: something we've got to have a change going here so we've got a motion that's moved and um seconded

[0:26:38] Voice 14: pat could you read that back to us

[0:26:40] Voice 4: that the ltc write a letter to ministry of transportation

[0:26:44] Voice 4: infrastructure carbon with copies to ministry what's mcom uh

[0:26:51] Voice 3: the the contractor's mcon

[0:26:53] Voice 3: oh again should be copied mcon e-m

[0:26:57] Voice 13: -c-o-n e-o-m no c-o

[0:27:02] Voice 13: -n c-o-n m-con e

[0:27:07] Voice 4: -m-c-o-m

[0:27:08] Voice 4: Okay. And other LTCs expressing concerns. Pardon? Yeah. Citing concerns. Concerns regarding roadside brush cutting and roadside clearing practices.

[0:27:28] Voice 4: Good.

[0:27:30] Voice 14: Great. Seconded by Justy Maud. Any further discussion? All those in favor? And that is carried. Thank you for that. Very good piece of work.

[0:27:43] Voice 14: okay so moving right along we've got our first staff report for MA DVP 2021.1 McHugh and for the

[0:27:54] Voice 14: um yes for the DVP and unfortunately Planner Testamale is not here today

[0:28:05] Voice 14: unfortunate there is a Chadwick

[0:28:07] Planner Chadwick (probable): unfortunate for you you're gonna have to listen to me through all

[0:28:10] Planner Chadwick (probable): of these applications we're just talking all right take it away um yeah so this dvp ma dvp 2021.9

[0:28:22] Planner Chadwick (probable): is a development variance and the variance is asking for its variances um on two sides of

[0:28:31] Planner Chadwick (probable): two interior lot side uh setbacks uh to the setback on on two uh

[0:28:37] Planner Chadwick (probable): well sorry actually on one part of the property down the interior lot line and there are two

[0:28:45] Planner Chadwick (probable): structures one that are encroaching into the setback one is 1.5 meters in the setback so

[0:28:54] Planner Chadwick (probable): we're looking at altering that setback by one point allowing that 1.5 1.45 encroachment

[0:29:01] Planner Chadwick (probable): into the setback and the other one is um and that's an accessory building that's being currently used

[0:29:07] Planner Chadwick (probable): as a storage slash art studio and the other one is an existing cabin with an attached deck

[0:29:13] Planner Chadwick (probable): with a 0.68 meter of interior of encroachment into the setback so the um um the dvp uh would

[0:29:25] Planner Chadwick (probable): is uh related to alter altering the um the setback to allow for those um the property as noted in the

[0:29:36] Planner Chadwick (probable): staff report and as discussed amongst um identified by a number of folks who spoke up earlier in the

[0:29:43] Planner Chadwick (probable): town hall is um is the same property that the rezoning application for the um main island

[0:29:49] Planner Chadwick (probable): and Housing Society is on, although all things related to that should be thought are very

[0:29:57] Planner Chadwick (probable): independent of this particular application.

[0:30:00] Planner Chadwick (probable): which is specific to the dvp the buildings have been in existence for 20 to 30 years i understand

[0:30:07] Planner Chadwick (probable): um phil um phil was on on the property i happen to be there as well um and it's difficult to

[0:30:14] Planner Chadwick (probable): actually um um very specifically age the buildings but it's clear that they've been there for a long

[0:30:20] Planner Chadwick (probable): time and apparently were there prior to um the existing owner um owning them um owning the

[0:30:28] Planner Chadwick (probable): property um there as as identified uh earlier in the conversation during town hall um there has

[0:30:36] Planner Chadwick (probable): been uh some um correspondence that's received by name from neighbors uh after the the staff report

[0:30:46] Planner Chadwick (probable): was written and so that includes two two letters from the immediate neighbor the one that shares

[0:30:52] Planner Chadwick (probable): there's the boundary that the property line

[0:30:55] Planner Chadwick (probable): where the buildings are that is between the two setbacks.

[0:31:03] Planner Chadwick (probable): And I think that we've heard those concerns

[0:31:07] Planner Chadwick (probable): related to visual impact, privacy, agricultural,

[0:31:11] Planner Chadwick (probable): I think were noted by that property owner.

[0:31:15] Planner Chadwick (probable): There was an additional letter,

[0:31:18] Planner Chadwick (probable): another neighbor to the far side, the very far side,

[0:31:24] Planner Chadwick (probable): and their interests are identified in their letter

[0:31:32] Planner Chadwick (probable): and speak a bit to the potential of precedent-setting

[0:31:36] Planner Chadwick (probable): with regard to the setback on the other side of the property.

[0:31:43] Planner Chadwick (probable): And then there was a third email that was received

[0:31:46] Planner Chadwick (probable): from a neighbor on Maple Drive

[0:31:48] Planner Chadwick (probable): who has some concerns related to whether the

[0:31:53] Planner Chadwick (probable): the studio becomes used as a dwelling and potential septic impacts to their property.

[0:32:02] Planner Chadwick (probable): So those are the feedback that's been received.

[0:32:07] Planner Chadwick (probable): From the planner's perspective, there are a number of points identified in the staff report

[0:32:20] Planner Chadwick (probable): supporting the development variance permit and those include the fact that

[0:32:28] Planner Chadwick (probable): the buildings or the non-conforming portions are on older buildings that

[0:32:35] Planner Chadwick (probable): have been there for a while the impacts on the neighboring property from the

[0:32:41] Planner Chadwick (probable): uses appear to be negligible and the proposed variances do not challenge the

[0:32:50] Planner Chadwick (probable): intent of the of the regulation generally so those are the points um made in favor of the

[0:32:58] Planner Chadwick (probable): the application by uh by the staff uh by the planner by planner testimony who who um did the

[0:33:05] Planner Chadwick (probable): technical analysis of the of the uh the application it's

[0:33:13] Voice 14: um so it's a bit of a challenging issue i've

[0:33:16] Voice 14: come in to this you know i've only been a year here so um the the concerns over subdivision

[0:33:22] Voice 14: and potential future development should not be considered in looking at this DVP variation

[0:33:29] Voice 14: or DVP application, but we do need to think about the potential for the use of these two structures

[0:33:39] Voice 14: that are in the setback area, whether they're developed into more substantial buildings

[0:33:46] Voice 14: buildings or sort of left in in situ as they are is that what we need to consider here

[0:33:53] Voice 14: yeah

[0:33:55] Planner Chadwick (probable): i mean whenever whenever you consider a variance um relating to buildings you have to

[0:34:00] Planner Chadwick (probable): consider the use of the what's the allowable uses on the proper property generally um and and with

[0:34:09] Planner Chadwick (probable): respect to that what these these buildings could be used for so on this property um

[0:34:16] Planner Chadwick (probable): they're you're they're allowed to have a primary dwelling and a cottage and so um either one of

[0:34:22] Planner Chadwick (probable): these buildings could potentially be used for residential use could be legally used for

[0:34:26] Planner Chadwick (probable): residential use

[0:34:27] Voice 5: um

[0:34:28] Planner Chadwick (probable): also note that um the the applicant is um is uh is in the waiting room so

[0:34:37] Planner Chadwick (probable): So I'm sure she's probably happy to speak to the application at some point as well.

[0:34:45] Voice 14: Great.

[0:34:48] Voice 14: Ms. McHugh, would you like to raise your hand?

[0:34:51] Voice 14: Would you like to address the local trust committee?

[0:34:53] Voice 14: Hi there.

[0:34:56] Voice 14: And you can now.

[0:34:59] Voice 11: Hello.

[0:35:00] Voice 11: Hello.

[0:35:01] Voice 11: Yeah.

[0:35:03] Voice 11: I'd like to read a statement, if that's okay, regarding our application.

[0:35:10] Voice 11: So I'm applying for a variance for two buildings, a cottage and a studio slash storage space

[0:35:16] Voice 11: that sit within my dad's property lines, but regrettably within the setback areas.

[0:35:22] Voice 11: My dad purchased his 10 acre property in 2012.

[0:35:26] Voice 11: And these two buildings sit today where they did when he bought.

[0:35:29] Voice 11: We believe they were built in the 1990s as a cottage and a large storage facility.

[0:35:34] Voice 11: The neighbors whose property sits on the other side of these property lines bought their

[0:35:38] Voice 11: property in 2021 and these buildings have been untouched since. The 10-acre property my dad

[0:35:45] Voice 11: owns is currently in the midst of a subdivision for an affordable housing project that my dad is

[0:35:52] Voice 11: giving three acres of land towards. This is a divisive issue in the community, especially amongst

[0:35:58] Voice 11: my neighbors, and is separate from the variance application at hand. The cottage and studio sit

[0:36:03] Voice 11: it in what will be our four-acre lot after the subdivision. This area is two-thirds wetland

[0:36:09] Voice 11: surrounding a hill where these buildings lie, making moving these buildings not feasible.

[0:36:14] Voice 11: I'm currently applying for variance for these buildings in order to rectify an existing

[0:36:19] Voice 11: infrastructure complication. The utilities for the primary residents run through the cottage

[0:36:25] Voice 11: and need to be updated in order to comply with existing building codes. We've been unable to

[0:36:31] Voice 11: reach a mutually beneficial arrangement with our neighbors we've offered to build fences trees and

[0:36:36] Voice 11: purchase the setback area so that my neighbors would feel fairly compensate compensated and

[0:36:42] Voice 11: alleviate any privacy concerns none of these suggestions were accepted so we've had to reach

[0:36:48] Voice 11: out to the island planner and trustees to help us find resolution on this matter in the form of a

[0:36:53] Voice 11: variance application.

[0:36:57] Voice 14: That's it. Thank you, Ms. McHugh. Just to clarify, when you say cottage

[0:37:05] Voice 14: and the electrical services running through, that's, I'm just looking at the map, that's the

[0:37:10] Voice 14: cabin on the south part?

[0:37:14] Voice 11: Yeah, that's a

[0:37:15] Voice 14: lot. Yeah. Okay. Trustees, do you have any questions?

[0:37:23] Voice 14: trustee dodds um

[0:37:25] Voice 3: i have a question for um planner chadwick um the concern of the north side neighbor

[0:37:33] Voice 3: is about the studio which is fairly i don't know how close but it's be close to her well

[0:37:39] Voice 3: concerned of how do we ensure that in the future it does not also become a cabin are there any

[0:37:46] Voice 3: mechanisms we can put in place with the variants that specify the application which is for the

[0:37:51] Voice 3: cabin on the bottom of the property and the studio at the top actually happened um

[0:37:59] Planner Chadwick (probable): well i i think

[0:38:07] Planner Chadwick (probable): um i'm not sure to be honest i think i mean like with relationship to the development

[0:38:14] Planner Chadwick (probable): variance permit um i know there's you know the idea of of a um of a covenant requiring

[0:38:25] Planner Chadwick (probable): requiring that that not be used I know is suggest um um but honestly I'm not I'm not I'm not sure

[0:38:33] Planner Chadwick (probable): if that's actually a viable option um because you there's also the consideration that if

[0:38:38] Planner Chadwick (probable): if that unit is moved back um you know it's still and is with so like if there was no variance

[0:38:47] Planner Chadwick (probable): application and the the buildings were moved then there still could be that opportunity to um

[0:38:53] Planner Chadwick (probable): to use that as a living space right but

[0:38:58] Voice 3: the current zoning only allows for one dwelling

[0:39:01] Voice 3: audit correct so yes quickly that that other the studio technically legally so that if it was used

[0:39:07] Voice 3: as a dwelling and a bylaw complaint was made that it was being used as an unlawful dwelling

[0:39:12] Voice 3: then that action could be taken against that dwelling under the current zoning um

[0:39:19] Planner Chadwick (probable): well if

[0:39:22] Planner Chadwick (probable): So if the building to the front, so there's two, if the one that was in the front of the lot was being used as a dwelling,

[0:39:36] Voice 3: the

[0:39:37] Planner Chadwick (probable): other one couldn't be used as a dwelling legally.

[0:39:40] Planner Chadwick (probable): I get your

[0:39:41] Voice 3: point, that you could switch.

[0:39:43] Voice 3: But

[0:39:43] Planner Chadwick (probable): if the other one was being used, and if the other one was being used as a dwelling, then only one of them could be

[0:39:48] Planner Chadwick (probable): used as a dwelling?

[0:39:50] Planner Chadwick (probable): Right. Okay.

[0:39:51] Voice 3: Okay. But the variance itself speaks to the fact that this does not preclude any permits that are required.

[0:40:02] Voice 3: In other words, building permits, antiseptic permits, etc. are still required.

[0:40:07] Planner Chadwick (probable): Yes. Yes, they'd still be

[0:40:09] Planner Chadwick (probable): required. Yeah. Yeah. Yeah.

[0:40:14] Voice 14: That's a very good question because I am tempted to get confused with the use versus the siting.

[0:40:21] Voice 14: and this is about the siting it doesn't mean it's going to be an allowed extra

[0:40:27] Voice 14: dwelling that's still okay thanks for that yeah trustee Maude did you have

[0:40:36] Voice 14: comments or questions well

[0:40:39] Trustee Maude: my only comics last question would be I'm

[0:40:42] Trustee Maude: assuming that our do not enforce policy on dwelling units would apply if this

[0:40:48] Trustee Maude: was illegally um converted into housing sort of does it become a moot point either way

[0:40:59] Planner Chadwick (probable): that is a very good question um yeah i would have to revisit that as well

[0:41:06] Voice 6: and

[0:41:06] Trustee Maude: i see the applicant's got her hand up so yeah

[0:41:09] Voice 14: did you want to speak to any of these um

[0:41:12] Voice 14: issues or concerns miss mchugh um i think my hand

[0:41:16] Voice 11: was still up but if it if it helps um

[0:41:19] Voice 11: Um, I mean, obviously I can't speak to future ownership, but currently we have no plan to

[0:41:27] Voice 11: sell.

[0:41:28] Voice 11: Um, the one is just used as, uh, I mean, to house some beautiful stuff and as a storage

[0:41:36] Voice 11: unit in general, um, currently the septic field does sit below it.

[0:41:42] Voice 11: um but i mean we need to upgrade that to make our all of our permits um to close existing permits

[0:41:53] Voice 11: that exist so we will be addressing septic and electrical concerns that we we need to get out

[0:41:59] Voice 11: to code i don't know if that answers anything but yeah

[0:42:04] Voice 14: thank you for bringing up this septic area so

[0:42:08] Voice 14: So I'm just looking at page 19 of our agenda, the proposed subdivision plan.

[0:42:15] Voice 14: So the area proposed for sewage disposal.

[0:42:17] Voice 14: No, that's sorry.

[0:42:19] Voice 3: Excuse me.

[0:42:20] Voice 3: That's not there.

[0:42:21] Voice 3: I don't know why that's in here.

[0:42:22] Voice 3: That's the lot on the far west side of this 10 acres.

[0:42:27] Voice 3: Emma's referring only to what will be her lot.

[0:42:31] Voice 3: I don't know if it's lot A.

[0:42:33] Voice 14: I don't know why this is

[0:42:35] Voice 3: in here.

[0:42:36] Voice 14: here okay thank you that was confusing yeah very

[0:42:39] Voice 3: confusing okay

[0:42:41] Voice 14: because yes so where is the subject

[0:42:43] Voice 14: proposed because there was an issue with um the first uh letter writer concerned about yeah yeah

[0:42:52] Voice 11: because her house sits directly north of the studio basically um on the other corner and

[0:43:00] Voice 11: and there's concern about that area not being suitable.

[0:43:05] Voice 11: But in fact, that is where the septic system currently sits

[0:43:09] Voice 11: and we will be upgrading and redoing that septic system

[0:43:12] Voice 11: and moving it elsewhere away from the setback lines

[0:43:16] Voice 11: to get it up to code.

[0:43:18] Voice 11: So that concern, it's already there right now

[0:43:22] Voice 11: and it is functioning appropriately for now.

[0:43:25] Voice 11: now

[0:43:27] Voice 14: okay that's helpful um let me just collect my thoughts and we just take two minutes i want

[0:43:36] Voice 14: to review a couple of letters uh because a lot of this has sort of come in okay so

[0:43:51] Voice 13: so

[0:44:02] Voice 14: one letter writer um did request that a covenant be placed on am i muted

[0:44:09] Voice 14: no and

[0:44:11] Voice 14: that yeah okay that uh that a um dear there we go too many documents

[0:44:20] Voice 14: on title to eliminate the concern of potential effect to the well but planner chadwick you're

[0:44:30] Voice 14: suggesting that okay so if we okay i'm not going to say we should delay or might but um

[0:44:47] Voice 14: And what are the issues if we were to delay this, just considering there's a bunch of different issues at play here and we may need to familiarize ourselves a bit more with the file.

[0:45:01] Voice 14: Emma, you indicated there might be a more cost or that a delay would not be a good idea for the rest of the plans.

[0:45:13] Voice 11: Well, if I can speak to that, we have been trying to resolve this for two years with our neighbors, which has put the ability to close out permits on hold, and they're all attached. It's a complicated kind of web, and we're trying to close all these permits. There's some urgency to do so.

[0:45:36] Voice 11: So I would appeal to not postpone. I think some of these things came up today even, which I would potentially suggest as a stall tactic, and I urge you to see the application and the request and go from there.

[0:45:58] Voice 11: Thank

[0:46:02] Voice 14: you. And so I do know the rationale for the staff recommendation on page 21, citing that the, I will say that the variance does seem reasonable. It's just that the trickiness of the additional density, which the applicant does say has been divisive in the community, that is also what pushes some of this to be a morbid issue.

[0:46:27] Voice 14: trustee bloods yep i i

[0:46:31] Voice 3: think that we're you're talking about the the affordable housing

[0:46:35] Voice 3: subdivision which was part of the 10 acre parcel which is not going to be part of this 10 acre

[0:46:41] Voice 3: parcel so this piece of land will end up being four acres which is in our rural zone four acres

[0:46:47] Voice 3: so it's still a substantial piece of property these are structures that have actually been

[0:46:54] Voice 3: on the property probably since the very first owner um the one that's proposed to be the cottage

[0:47:01] Voice 3: to my and i've i've been on that property since the original owner from time to time i don't i

[0:47:05] Voice 3: don't know real well but i know reasonably well um so so in 30 plus years it really hasn't been

[0:47:13] Voice 3: that there has not been a bylaw complaint until there was an application for the development

[0:47:17] Voice 3: permit um the studio my understanding having spoken to lease the neighbor on the north was

[0:47:23] Voice 3: was a bit smaller when Mr. McHugh or Dr. McHugh bought the property so it's been probably enlarged

[0:47:31] Voice 3: and but other than that probably was always in the setback so this really is a question about

[0:47:36] Voice 3: two structures that are in a setback on four acre property adjoining and two well another very large

[0:47:42] Voice 3: piece of property our setbacks which are three meters apply whether you're on a quarter of an

[0:47:48] Voice 3: an acre or whether you're on I think 50 acres so when you put it in the context of the three

[0:47:55] Voice 3: meter setback and the impact on the neighbor it's to me quite different from being on that

[0:48:01] Voice 3: quarter acre lot versus large rural lot so that that's one issue so I think here we're just it's

[0:48:06] Voice 3: got nothing to do with the subdivision or the rezoning for the affordable housing or any of

[0:48:11] Voice 3: that this is to do with unfortunately a previous landowner whose you know two daughters have now

[0:48:15] Voice 3: taken on this responsibility and believe me the work that they'd have to do on this property is

[0:48:21] Voice 3: huge trying to clean up things that were not done properly but you know they sat there for 25 30

[0:48:29] Voice 3: years without any concerns there were property owners prior to uh to mr preston buying his

[0:48:35] Voice 3: property who were aware of these encroachments um properties were all sold recently by realtors who

[0:48:41] Voice 3: made this you know this was part of the sale so it's really a black and white question of whether

[0:48:47] Voice 3: it's inappropriate to approve these variances and so that the building because till they get up to

[0:48:52] Voice 3: building code and and also get septic upgraded the concern about the studio being turned into

[0:48:57] Voice 3: a dwelling whether it as nurse had said whether we move it you know back three nine feet or three

[0:49:05] Voice 3: meters away from the proper line or not that is always a concern of people living in dwellings

[0:49:10] Voice 3: without proper septic systems so that's

[0:49:14] Voice 3: always going to happen whether we have a variance or

[0:49:16] Voice 3: we don't have it so to me it's black and white i think it's unfortunate that you know it's it's

[0:49:21] Voice 3: getting confused with the subdivision i don't really quite understand why that's happening

[0:49:25] Voice 3: no i'm prepared to move the motion sure okay okay ma'am you can debate the motion but i gotta find

[0:49:32] Voice 3: it now i'm another the hard part about trying to have multiple screens okay

[0:49:37] Voice 5: okay

[0:49:39] Voice 3: i move that the

[0:49:40] Voice 3: the Main Island Local Trust Committee approve issuance of development variance permit application

[0:49:46] Voice 3: MADVP 2024.1 McHugh.

[0:49:50] Trustee Maude: Okay. I'll second it, but I would like to sort of have some input.

[0:49:55] Voice 3: I put the motion out there to be debated. Please, please know

[0:49:59] Voice 3: that. Thank you.

[0:50:02] Voice 14: Go ahead, Trustee Mullen.

[0:50:03] Trustee Maude: Yeah, this frankly is one of the more difficult ones that I've seen.

[0:50:09] Trustee Maude: um i know both parties i know they're both very nice very good community members

[0:50:18] Trustee Maude: and unfortunately like so many things in our world is is that good people are now at odds

[0:50:27] Trustee Maude: um and it's it sort of gets to those irreconcilable differences

[0:50:32] Trustee Maude: the the unfortunate part about all this is this is all historic is normally speaking

[0:50:41] Trustee Maude: can we when we see a variance you know there there's somebody's sort of done something they

[0:50:46] Trustee Maude: shouldn't have done they should have known better and is it up to us to sort of correct

[0:50:49] Trustee Maude: um what they've done so it's sort of it is it's on the applicant um in this case both parties

[0:50:57] Trustee Maude: are new to the properties um um as trustee dodds um has said the previous owner of the dispute

[0:51:06] Trustee Maude: neighbor um he was well aware of it because i knew him well and he spoke often of it and um

[0:51:14] Trustee Maude: in the end um the restriction between the neighbors about it but certainly um when the

[0:51:21] Trustee Maude: property sold um to mr preston um it was what it was and and you know the realtor should have

[0:51:31] Trustee Maude: fully disclosed um what was going on um i even know if i look over the fence it's that some of

[0:51:36] Trustee Maude: his buildings seem to be close to if not in the setback also um which is not unusual on main

[0:51:42] Trustee Maude: island um unfortunately surveyors have changed their practices over the years and worse some

[0:51:49] Trustee Maude: people thought their property line was turns out not where it is like um one of my neighbors he

[0:51:55] Trustee Maude: owns four feet in the middle of the road um where the road was put in the wrong spot um down by the

[0:52:00] Trustee Maude: the church so there's three lots there where they had to do 10 foot line adjustments because all all

[0:52:06] Trustee Maude: the all the lot lines actually went through the neighbor's houses and and if not for the church

[0:52:11] Trustee Maude: donating some property and all everybody agreeing to move boundary lines 10 feet away

[0:52:17] Trustee Maude: you know is that was a heck of a mess um that was 20 odd years ago and this is i think another one

[0:52:25] Trustee Maude: of these unfortunate circumstances where people have done things that they shouldn't have done

[0:52:30] Trustee Maude: in the wrong spot but but now um the legacy of um um people who've come down subsequently to

[0:52:39] Trustee Maude: on these properties are discovering there there are errors the only thing in recent years that's

[0:52:46] Trustee Maude: happened um which is not cool at all is that the the well um for dr mchugh's property is on mr

[0:52:55] Trustee Maude: Mr. Preston's property. That was a horrible error. I just, I don't know how it happened because

[0:53:06] Trustee Maude: Mr. McHugh's property is very, very large and why you would engage and spend a lot of money

[0:53:13] Trustee Maude: drilling a well so close to the property line, I don't get. And unfortunately, it was over the

[0:53:20] Trustee Maude: the parking line so that's a whole other issue where his driveway and the well are encroaching

[0:53:25] Trustee Maude: and that that's a civil matter but uh not for us to decide but it's there's there's a legacy

[0:53:32] Trustee Maude: of issues here and i think it's very very unfortunate um that it comes down on us to be

[0:53:39] Trustee Maude: the deciders uh because i just somebody's not going to be happy no matter which way this decision

[0:53:48] Trustee Maude: goes and and that's not that does not make for good neighbors and it does not make for good

[0:53:54] Trustee Maude: community um and it just it i tried to sort of talk to to both sides to see if maybe we could

[0:54:02] Trustee Maude: figure something out but it doesn't seem so um mr q is really needing to proceed

[0:54:12] Trustee Maude: um with her energies to to get this thing cleaned up as trustee does has stated you know that

[0:54:18] Trustee Maude: The property has many, many issues and it's, you know, it's a great burden on her to sort of clean everything up and get things right.

[0:54:29] Trustee Maude: And this is just one of them.

[0:54:32] Trustee Maude: It is troubling.

[0:54:36] Trustee Maude: I just, it's, as I say, it's normally speaking, when I look at something, I can pretty quickly sort of go, okay, this is the way I kind of think things should go.

[0:54:47] Trustee Maude: this is i think you're wrong i think you're right and and you know it's it's more black and white

[0:54:52] Trustee Maude: and and this one has gray all over it and and the lines are blurred it's just it would

[0:54:59] Trustee Maude: it would be so much easier if we could go back 30 years when this stuff happened

[0:55:07] Trustee Maude: and and basically point the finger who at the person that did the wrong thing and and said

[0:55:12] Trustee Maude: you know you really shouldn't have let's look at this variance let's figure it out

[0:55:17] Trustee Maude: versus now we have two new people on both properties

[0:55:21] Trustee Maude: who are basically dealing with this historical problem.

[0:55:27] Trustee Maude: And I struggle with that because it's normally speaking

[0:55:32] Trustee Maude: when the way that why it's, you know,

[0:55:35] Trustee Maude: when something's been there for 30 years,

[0:55:37] Trustee Maude: it's basically, well, it is what it is.

[0:55:39] Trustee Maude: Let's just move on.

[0:55:41] Trustee Maude: But emotions are high.

[0:55:43] Trustee Maude: And I can understand where Mr. Preston is coming from.

[0:55:47] Trustee Maude: I can understand where Ms. McHugh's coming from.

[0:55:50] Trustee Maude: And I have compassion for both parties because I like both of them.

[0:55:54] Trustee Maude: I know both of them.

[0:55:55] Trustee Maude: I've spoken with both of them.

[0:55:57] Trustee Maude: And I definitely see both sides.

[0:56:00] Trustee Maude: But we also, we're duty-bound here to make a decision one way or the other.

[0:56:05] Trustee Maude: And it's a hard decision to make.

[0:56:08] Trustee Maude: And it's because I know tomorrow morning I'm going to see one of them on the ferry.

[0:56:12] Trustee Maude: and and whichever one it is they're not going to be happy because we we said yes or no and that

[0:56:20] Trustee Maude: as a member of the community it's really really hard because you know normally we end up making

[0:56:26] Trustee Maude: smiles and and unfortunately i think at the end of the day there's going to be some tears shed

[0:56:32] Trustee Maude: by somebody and that's very unfortunate so that's my statement

[0:56:39] Voice 3: yes he does yeah i want to say you

[0:56:43] Voice 3: Thank you, Dave. I think you summed it up well.

[0:56:45] Voice 3: The only thing I do know, and I did ask the realtor,

[0:56:49] Voice 3: so I do know that Nico and Amy bought the property

[0:56:52] Voice 3: knowing that those structures were in the setback.

[0:56:55] Voice 3: I don't know that anybody ever promised or said that they would be moved

[0:57:02] Voice 3: or that that would be changed.

[0:57:05] Voice 3: So say they went in there, bought the property,

[0:57:08] Voice 3: the previous owners were aware of it, didn't buy it.

[0:57:11] Voice 3: I don't know, maybe it did bother them or didn't, but they didn't deal with it. And so now, as Dave

[0:57:16] Voice 3: says, we're the ones that have to make the hard decisions.

[0:57:22] Voice 14: Indeed. So I will throw in my two cents

[0:57:28] Voice 14: because I am a member of this committee. And I guess my job is to bring in sort of a larger,

[0:57:34] Voice 14: the outside perspective. And you're right, it's very hard to make these decisions when you are

[0:57:39] Voice 14: a member of the community and you're intimately connected um i would say my guiding principle

[0:57:45] Voice 14: in this matter would be what is going to cause the least long-term damage and impact um

[0:57:55] Voice 14: not with regard to personal property rights but overall is moving a house

[0:58:02] Voice 14: that is, you know, 30 or 40 years old, a reasonable solution is, or dismantling a house is

[0:58:12] Voice 14: not running the electrical services through it, because it's going to impact the neighbor,

[0:58:20] Voice 14: a reasonable solution, all of this, you know, all of the options are going to cause some kind

[0:58:25] Voice 14: kind of impact. So what is the path that will cause the least amount of, um, harm overall and,

[0:58:36] Voice 14: and, uh, and especially ecological damage. So, um, I'm in support of, um, structures remaining

[0:58:44] Voice 14: where they are, if they are not in violation of the, um, use principle, um, like you say,

[0:58:56] Voice 14: the standing resolution not to enforce against people in inhabiting structures that are not

[0:59:01] Voice 14: built for that purpose could cause some conflicts but I think that's at the discretion of the LTC

[0:59:07] Voice 14: and you can direct bylaw enforcement to enforce if there is a problem. I've seen that done in

[0:59:16] Voice 14: other LTCs where the standing resolution was lifted because there's fire hazards and there's

[0:59:23] Voice 14: it was a very unsuitable living situation so um this is definitely a tough one do we need to hear

[0:59:33] Voice 14: from um manager staff manager warren dingman i see that he's here on the call does anybody have

[0:59:40] Voice 14: any questions about the um bylaw enforcement options that have been pursued or not up to this

[0:59:45] Voice 14: point oh

[0:59:47] Trustee Maude: i think the one thing about the do not enforce so is the exception to the rule is that

[0:59:51] Trustee Maude: the neighbor complains so so i i i think that um if this

[1:00:00] Trustee Maude: experience is granted that uh Miss McKee was on notice so you know if if somebody does try

[1:00:05] Trustee Maude: and occupy that building undoubtedly there will be a bylaw complaint and it will be shut down

[1:00:10] Trustee Maude: and

[1:00:11] Voice 3: that's that's a really good point really good point um I do want to say just for clarification

[1:00:19] Voice 3: trustee Elliott the bylaw can't complaint came after the application or the development

[1:00:25] Voice 3: variance was circulated it did not come before if I'm wrong somebody correct me but that's my

[1:00:32] Voice 3: understanding it came

[1:00:33] Voice 3: after the notification and it even if it had come well obviously if it come

[1:00:38] Voice 3: before the option is for the the variance to be applied for that's how you deal with

[1:00:43] Voice 3: with bylaw complaints but it came after yeah

[1:00:47] Voice 14: I do I was I was reading the um the Preston letters

[1:00:52] Voice 14: again and this

[1:00:58] Voice 3: is not related to the subdivision or the rezoning for the affordable housing

[1:01:01] Voice 3: yeah

[1:01:02] Voice 14: all right trustees um do you have the information that you need we've got a motion

[1:01:09] Voice 14: on the floor are you ready to vote

[1:01:12] Voice 5: yes trust

[1:01:14] Voice 14: them on absolutely

[1:01:15] Voice 5: okay

[1:01:16] Voice 14: um the motion is that

[1:01:20] Voice 14: the main island local trust committee approve issuance of dvp uh 2024.1 mccue all those in favor

[1:01:29] Voice 14: aye aye and that is carried and

[1:01:34] Trustee Maude: i just like i say i do so with some reluctance um i i have complete

[1:01:40] Trustee Maude: compassion for mr preston but you know we need to move forward and and i think this is the best way

[1:01:47] Trustee Maude: of moving forward and and i would appeal to to miss mchugh you know whether it be a fence or

[1:01:55] Trustee Maude: that accessory building blocking the window out whatever you can do to sort of calm the waters

[1:01:59] Trustee Maude: i think would be very much appreciated um um by mr preston and and hopefully a year from now we

[1:02:09] Trustee Maude: can all sit down and and smile about this and say well it's done but i just uh it's been a very

[1:02:16] Trustee Maude: awkward one and i appreciate your time

[1:02:18] Voice 3: yeah once again i want to thank dave for his words i think

[1:02:22] Voice 3: he summed it up well thank you thank

[1:02:25] Voice 14: you everyone very difficult scenario thank you chadwick for uh

[1:02:31] Voice 14: stepping in there no this has not been your file to to manage okay so turning to

[1:02:43] Voice 14: scrolling sorry my computer's having a bit of a glitch all right so pages uh 32

[1:02:54] Voice 14: uh the liquid control board uh application for the lounge license

[1:03:01] Voice 14: um yes again over to you hunter chadwick yeah

[1:03:07] Planner Chadwick (probable): okay so if you recall at the last meeting uh the

[1:03:11] Planner Chadwick (probable): ltc passed a resolution that the main island local trust committee requests staff to hold a public

[1:03:16] Planner Chadwick (probable): meeting via zoom to collect community impact uh input sorry on um malcb

[1:03:24] Planner Chadwick (probable): 20 23.1 and that's the main island brewery's application for a lounge license and um

[1:03:32] Planner Chadwick (probable): this is part of the uh liquor uh the liquor the liquor and cannabis regulation

[1:03:38] Planner Chadwick (probable): regulation branch's process. They require the LTC, the local government essentially,

[1:03:50] Planner Chadwick (probable): to verify that there are a number of aspects of the application that are suitable. So these

[1:04:02] Planner Chadwick (probable): relate to location, person capacity, operating hours, and then impacts on residents and community.

[1:04:12] Planner Chadwick (probable): And so obviously the impacts, the rest of it, as we've been over before, this proposal

[1:04:20] Planner Chadwick (probable): does not in any way contravene any of the zoning that's currently in place.

[1:04:27] Planner Chadwick (probable): um much of what has existed will continue to exist as is the only change in is really that um

[1:04:35] Planner Chadwick (probable): that the uh the brewery will be able to offer patrons uh an actual glass of beer as opposed to

[1:04:42] Planner Chadwick (probable): just a flight a tasting flight and um and it'll also provide the opportunity um for them to um

[1:04:50] Planner Chadwick (probable): provide food um which was actually happens to be in our our zoning already their zoning in the in

[1:04:57] Planner Chadwick (probable): land use bylaw already so it's all supported by the land use bylaw so um we need to do a public

[1:05:03] Planner Chadwick (probable): meeting to gather feedback and um that public meeting we we held on on friday um we had the

[1:05:16] Planner Chadwick (probable): zoom open for an hour and during that time we had six participants pop in yeah it was quite nice to

[1:05:25] Planner Chadwick (probable): to connect with some of the community members.

[1:05:27] Planner Chadwick (probable): There's, and each one of them was in favor

[1:05:30] Planner Chadwick (probable): of the brewery moving forward with this up,

[1:05:33] Planner Chadwick (probable): of the LTC supporting the movement of this application.

[1:05:40] Planner Chadwick (probable): One of them was the direct neighbor.

[1:05:43] Planner Chadwick (probable): So I think that speaks to the, you know,

[1:05:47] Planner Chadwick (probable): how the operations have had negligible impact on neighbors.

[1:05:55] Planner Chadwick (probable): So, the recommendation before you is essentially just to help move this application forward.

[1:06:05] Planner Chadwick (probable): There's two resolutions that will need to be passed.

[1:06:10] Voice 14: Great. Go ahead, Trustee Dodds.

[1:06:12] Voice 3: I'll make the motion. I did attend the first, whatever, 10 minutes of the meeting.

[1:06:16] Voice 3: Okay, so I move that the Maine Island Local Trust Committee direct staff to send a response to the Liquor and Cannabis Regulation Branch regarding the application for a lounge license for 490 Fern Hill Road, Maine Island Brewing Company that states,

[1:06:30] Voice 3: A. The public within the vicinity of the establishment, as well as the rest of the island, have been provided opportunity to comment on the application.

[1:06:39] Voice 3: B. The impacts on nearby neighbors would be negligible.

[1:06:43] Voice 3: C. And that information was collected.

[1:06:46] Voice 3: C, the activity is permitted by zoning, which we know it is.

[1:06:50] Voice 3: D, the local trust committee recommends the application be approved.

[1:06:55] Voice 3: Two.

[1:06:55] Voice 3: Oh, I'll do that separate.

[1:06:58] Voice 14: Seconded by Trustee Ahmad.

[1:07:00] Voice 14: Okay, we'll do that.

[1:07:02] Voice 14: Any further discussion on the motion?

[1:07:06] Voice 14: All those in favor?

[1:07:08] Voice 14: And that is carried.

[1:07:09] Voice 14: I

[1:07:11] Voice 3: move that the Main Island Local Trust Committee direct staff to include a record of information received at the February 23, 2024 public meeting and any additional public input with the response to the Liquor and Cannabis Regulation Branch regarding the Main Island Brewing Company Lounge License.

[1:07:30] Voice 14: Seconded by Trustee Mudd. Any further discussion?

[1:07:34] Trustee Maude: Well, my only thing is, I wish that we could do a little bit better with the timing of some of these things.

[1:07:42] Voice 5: um

[1:07:42] Trustee Maude: uh the the public event unfortunately was scheduled um on a day when i had an ltc meeting

[1:07:50] Trustee Maude: and i really these type of things i would like to participate in i'd like to i'd like to directly

[1:07:59] Trustee Maude: know um what the public says and how the events are done um i know um on the ocean with application

[1:08:07] Trustee Maude: it really helped me being at that public meeting

[1:08:10] Trustee Maude: that they had there

[1:08:11] Trustee Maude: because you get

[1:08:14] Trustee Maude: the raw feedback from the community

[1:08:16] Trustee Maude: and

[1:08:17] Trustee Maude: sometimes we can't help

[1:08:20] Trustee Maude: our schedules but

[1:08:22] Trustee Maude: it was just unfortunate that this one

[1:08:24] Trustee Maude: was scheduled directly

[1:08:26] Trustee Maude: in conflict with me needing to be

[1:08:28] Trustee Maude: an offender for

[1:08:30] Trustee Maude: another meeting

[1:08:33] Trustee Maude: and similarly

[1:08:34] Trustee Maude: the same I'll say later on

[1:08:36] Trustee Maude: with the apc meeting um the one time in three months i had to be off island was the one evening

[1:08:41] Trustee Maude: when we had the apc meeting and we we need to put a little bit more energy in if the trustees don't

[1:08:50] Trustee Maude: want to attend that's one thing but when we when we schedule things in direct conflict with our

[1:08:55] Trustee Maude: posted schedules it makes it it makes it difficult if not impossible for us to to attend um and i

[1:09:02] Trustee Maude: I just, I did not feel comfortable

[1:09:05] Trustee Maude: that I didn't have the opportunity to attend this.

[1:09:07] Trustee Maude: So I just wanted to put that on the record,

[1:09:09] Trustee Maude: but I'm pleased to vote in favor.

[1:09:12] Voice 14: Very good, noted.

[1:09:15] Voice 14: Yes, our schedules are complicated.

[1:09:17] Voice 14: Trustee Dodds?

[1:09:18] Voice 3: Yeah, I understand Dave's frustration

[1:09:20] Voice 3: because I definitely would have liked to have attended

[1:09:22] Voice 3: the Oceanwood Community Information meeting,

[1:09:24] Voice 3: which had 70 people.

[1:09:25] Voice 3: This particular meeting,

[1:09:28] Voice 3: it was, what was interesting was Annette

[1:09:30] Voice 3: went through the whole history of the main island brewing company it was really informative

[1:09:38] Voice 3: basically i don't think so the attendees were basically i'm just here to say yes i support you

[1:09:45] Voice 3: it wasn't information meeting would be but i certainly get the point that because we live

[1:09:50] Voice 3: on the island we talk to people when so if ever possible i know we all have complicated schedules

[1:09:55] Voice 3: But it being there and being able to be there, I think whether it's for a major rezoning for ocean, wood, spring water, whatever, or just this, it would be nice if it could possibly happen at a time that we could be there.

[1:10:08] Voice 3: So I appreciate Dave's comments.

[1:10:11] Voice 14: Absolutely.

[1:10:13] Voice 14: Are we ready to vote?

[1:10:16] Voice 14: Yes.

[1:10:17] Voice 14: All those in favor?

[1:10:20] Voice 14: And that is carried.

[1:10:22] Voice 14: Thank you so much.

[1:10:24] Voice 14: We're a little ahead of schedule.

[1:10:27] Voice 14: Can I propose a 10-minute water break before we move into the next application and then our

[1:10:34] Voice 14: LEB project? Okay, so we'll be back at 2.50. That's okay with everyone? Thanks.

[1:18:38] Voice 14: I had to just get out of the office because it was so warm in here.

[1:18:42] Voice 14: Okay, and I've now got a window open. I'm like, well, I don't want to take all my clothes off.

[1:18:50] Voice 14: yeah it's got

[1:18:51] Planner Chadwick (probable): warm in here the temperature

[1:18:54] Voice 14: yeah i'm not used to such temperature

[1:18:56] Voice 14: controlled and fine need from a rural well violent i don't have things like central air heating

[1:19:04] Voice 14: we'll let you all know how it goes getting whether we get jody wilson raybould to gabriel

[1:19:31] Voice 14: and then everybody's going to come for that speaker series it's going to be good

[1:19:40] Voice 13: okay

[1:19:54] Voice 14: Hey, well, we're at 1250. Welcome back, everybody, from our brief break. We're going to continue with the third application in our agenda package today, page 42, for the ALC change of use application from the Capital Regional District.

[1:20:17] Voice 14: and again Marissa Chadwick you have the joy of taking us through this one second time round

[1:20:25] Planner Chadwick (probable): yeah um so this is another referral um so this is a referral to the agricultural land reserve

[1:20:33] Planner Chadwick (probable): for a change of use um so the the consideration of a non-farm you know not change of you sorry

[1:20:40] Planner Chadwick (probable): it's a consideration of non-farm use on the property on a property within the agricultural

[1:20:44] Planner Chadwick (probable): land reserve um so this this is related to the rezoning of the saint john point

[1:20:53] Planner Chadwick (probable): property it's currently zoned as agricultural and rural and there's a portion of that property

[1:21:01] Planner Chadwick (probable): which is in the agricultural land reserve and the map on page 43 very clearly illustrates

[1:21:09] Planner Chadwick (probable): that portion. It's owned by the CRD, and the CRD are wanting to create what they're calling a park

[1:21:23] Planner Chadwick (probable): entrance hub, and this will be part of the rezoning application. In order to do so,

[1:21:31] Planner Chadwick (probable): Because the uses within that hub, which would include parking and a sign and a toilet facility, outhouse I'm assuming, are not in keeping with the uses of agricultural land.

[1:21:52] Planner Chadwick (probable): they require a application to the ALC for non-farm use and so the LTC needs to support that

[1:22:01] Planner Chadwick (probable): application that that application moving forward to the LTC so basically the way that it works is

[1:22:07] Planner Chadwick (probable): we get these applications into a portal and then we need to send it we need to approve

[1:22:13] Planner Chadwick (probable): to send it on for them to have a look at so that's what this resolution is all about

[1:22:18] Planner Chadwick (probable): out. The portion of area that they're looking to be allocated as non-farm use is really

[1:22:29] Planner Chadwick (probable): quite small. As you can see, it's 0.07 hectares, and the SAF court indicates essentially the

[1:22:46] Planner Chadwick (probable): the disturbance to the land there.

[1:22:48] Planner Chadwick (probable): So the amount of fill that is required

[1:22:54] Planner Chadwick (probable): and the volume of material.

[1:22:57] Planner Chadwick (probable): So that gives you a sense of what that area will look like.

[1:23:01] Planner Chadwick (probable): I would add that having visited the area,

[1:23:06] Planner Chadwick (probable): it looks like a very practical area for this purpose

[1:23:10] Planner Chadwick (probable): as it's a previously cleared area

[1:23:12] Planner Chadwick (probable): where the previous home site was located.

[1:23:18] Planner Chadwick (probable): Um, yeah, I noticed also that we've got the, uh, the planner, the parks planner that's

[1:23:24] Planner Chadwick (probable): responsible for this application on the CRD end, um, in the way in the attendees list

[1:23:29] Planner Chadwick (probable): there.

[1:23:30] Planner Chadwick (probable): Oh, there he is.

[1:23:31] Planner Chadwick (probable): Kevin Webber.

[1:23:31] Planner Chadwick (probable): So he's, he's also available for questions.

[1:23:34] Planner Chadwick (probable): Um, and I'll leave it at that for your questions.

[1:23:38] Planner Chadwick (probable): Great.

[1:23:39] Planner Chadwick (probable): Thank

[1:23:39] Voice 14: you so much.

[1:23:40] Voice 14: Uh, planner Chadwick, trustee Mudd.

[1:23:44] Trustee Maude: Thank you, chair.

[1:23:45] Trustee Maude: A couple of things. I note on the top of page 46 that it states that their main application may not LTC to many LCTs to designate the entire property as park and the land use pilot to the entire property as community in a regional park.

[1:24:06] Trustee Maude: And for clarification, like we had recommended BASC, that it would be conservation resource zones.

[1:24:13] Trustee Maude: So I don't know if that's still under consideration or what.

[1:24:16] Planner Chadwick (probable): Yeah, it is.

[1:24:17] Trustee Maude: If it is going to be an application for conservation resource, that maybe should be amended to state that, to be clear to the ELR, what is being intended there.

[1:24:32] Trustee Maude: there. The other thing, well, two other things. I just went through a not similar application

[1:24:42] Trustee Maude: on Citerna, which was an exclusion and exclusion application for the agricultural land commission.

[1:24:50] Trustee Maude: So literally it was moving lines on paper. And the result was quite a bit of First Nations

[1:25:00] Trustee Maude: Nations consultation. In this case, the proposed activities is actually doing stuff. It's not

[1:25:10] Trustee Maude: moving lines on a piece of paper. It's actually development. I was wondering if there were

[1:25:16] Trustee Maude: going to be referrals to First Nations or First Nations consultation on this. If that

[1:25:23] Trustee Maude: that is appropriate is that maybe we're a little bit ahead of ourselves um because it's it's it

[1:25:33] Trustee Maude: seems to be an area of significance for first nations but um all right i see plan i was going

[1:25:38] Trustee Maude: to hand up and i have one more thing yep

[1:25:42] Voice 14: go ahead if if we can deal with the questions one at a time

[1:25:45] Voice 14: i think it's easier okay

[1:25:47] Planner Chadwick (probable): yeah yeah so um as you know the province has a duty to consult so once

[1:25:53] Planner Chadwick (probable): Once this, if we move this application forward to the ALC, that responsibility will rest on them.

[1:26:05] Trustee Maude: Okay, so what was the difference between Saturna and Maine then?

[1:26:08] Planner Chadwick (probable): The difference is that, yeah, so the difference is that this is an application for non-farm use, which I understand is actually an easier process as opposed to like a rededication of land.

[1:26:25] Trustee Maude: okay i just because i i just i just know the year-long process that happened on ursa turna

[1:26:30] Trustee Maude: which was literally moving lines on a piece of paper um so i just would have assumed that that

[1:26:36] Trustee Maude: same oversight for first nations would have been in place especially because this this proposal

[1:26:41] Trustee Maude: actually is about development not about moving lines so yeah

[1:26:47] Planner Chadwick (probable): through the chair as i understand

[1:26:48] Planner Chadwick (probable): standard we met with uh we we met with a staff person at the ALC and so those are two they're

[1:26:55] Planner Chadwick (probable): two different processes so um what I assume is that that within you know the exclusionary process

[1:27:01] Planner Chadwick (probable): is is maybe a lot more stringent um and I mean a non-farm use um application is also can be very

[1:27:09] Planner Chadwick (probable): stringent depending on the size and what's being asked for but in this case because it's so small

[1:27:14] Planner Chadwick (probable): um it's it's he he indicated that it's a real it would be a relatively minor and fairly

[1:27:22] Planner Chadwick (probable): straightforward um process um

[1:27:26] Trustee Maude: but uh well is it appropriate then um if this goes forward

[1:27:31] Trustee Maude: for us to to note that the agricultural ag commission that we did not consult with first

[1:27:37] Trustee Maude: nations in anticipation that they would just so they don't so they don't assume that that

[1:27:42] Trustee Maude: it we've ticked that box so if we verbalize that yeah

[1:27:48] Planner Chadwick (probable): through the chair yeah we can certainly make

[1:27:50] Planner Chadwick (probable): note of that okay

[1:27:51] Trustee Maude: um my and and the other um thing i want a clarification on is the actual

[1:27:58] Trustee Maude: access to the park um as we all know um the the adjacent property owner is claiming

[1:28:06] Trustee Maude: claiming um that the access road onto that property um which goes through her property

[1:28:14] Trustee Maude: um has been to court and and and her claim is that the the court um said that the road could

[1:28:25] Trustee Maude: be used for residential access on um she sent me a um the the court's decision which was i didn't

[1:28:34] Trustee Maude: read to be that clear but the course decision didn't at the end say that neither party will be

[1:28:39] Trustee Maude: happy with with this resolution um so it seemed to indicate that there's this culvert underneath

[1:28:46] Trustee Maude: the road that's before the end of the road and that's where the line on the stand was where

[1:28:51] Trustee Maude: it was the road when it wasn't road it seemed to lead this great big gray area um and because

[1:29:00] Trustee Maude: Because this is for a parking lot, is there a need either from the local trust committee

[1:29:06] Trustee Maude: or from CRD to get some sort of legal opinion based on that court case as to whether or

[1:29:12] Trustee Maude: not they actually have legal access for public purposes versus what the court seemed to say

[1:29:19] Trustee Maude: that that road was appropriate for residential access?

[1:29:29] Voice 14: Okay, question.

[1:29:31] Voice 14: And Trustee Dodds?

[1:29:32] Voice 14: Well

[1:29:33] Voice 3: I just think the issue of the road access would be a question we would be asking during

[1:29:37] Voice 3: the actual rezoning process. I don't think the request for the for the non-farm use specifically

[1:29:46] Voice 3: deals with with the road access. I do think it is a question that should and will come up

[1:29:50] Voice 3: but I think more appropriately during the rezoning I think you're right

[1:29:54] Voice 3: that we need some kind of clarification prior to the rezoning in terms of the

[1:30:00] Voice 3: actual uh legality of that access yeah

[1:30:04] Trustee Maude: because i read that judgment

[1:30:07] Trustee Maude: no

[1:30:07] Voice 3: but i agree that it probably for crd purposes they need to get some kind of legal

[1:30:16] Voice 3: but i don't think that we should do that at this point

[1:30:22] Voice 5: i can move the

[1:30:24] Voice 5: motion if we're

[1:30:26] Voice 3: ready sure okay i'm just not sure where to put in the first

[1:30:31] Voice 3: know whether probably dave you should do a separate one for first nations just i think

[1:30:36] Voice 3: that's another really good point so i move that the main uh local trust committee support application

[1:30:40] Voice 3: ma al are 2023.1 crd and request staff to forward the application to the agricultural land

[1:30:50] Voice 3: commission ALC for further consideration. I'll second that. Seconded.

[1:31:01] Trustee Maude: I was struggling is it's support application. I thought staff made it clear that we were

[1:31:11] Trustee Maude: merely submitting this on behalf of the CRD that we were that we were not issuing a statement of

[1:31:17] Trustee Maude: support or non-support uh for the application we were we were basically just the venue for

[1:31:23] Trustee Maude: through which the application so i

[1:31:27] Trustee Maude: just have a little challenge with the with the um the word

[1:31:31] Trustee Maude: support because it

[1:31:34] Trustee Maude: refers to this overall support but

[1:31:36] Voice 14: we have to approve the non-farm use

[1:31:40] Voice 14: in this application that's all we're indicating with our support is that we approve the non-farm

[1:31:46] Voice 14: use we're not it's not in support of the broader application is it

[1:31:50] Trustee Maude: no what my understanding was in

[1:31:52] Trustee Maude: the staff report that that we were not necessarily endorsing we were we were nearly merely forwarding

[1:31:58] Trustee Maude: the application um because the

[1:32:01] Voice 14: condition it has to we have to approve the non-form use in order

[1:32:05] Voice 14: for the application to be processed at which time it'll come back to us yeah trustee dodds

[1:32:11] Voice 14: yeah

[1:32:12] Voice 3: so no we have to say that yes we're in support of this area that they are proposing

[1:32:18] Voice 3: that it would be allowed to be a non-farm use obviously if somebody was coming in for something

[1:32:23] Voice 3: way over the top and that we didn't like and weren't happy with we wouldn't but this is

[1:32:28] Voice 3: basically the question and the motion is saying do you or do you not support them using having

[1:32:33] Voice 3: a parking lot period and whether or not the parking lot that's being proposed on the old

[1:32:38] Voice 3: house site is appropriate or not so this really is a key question we either are supporting it or not

[1:32:44] Trustee Maude: oh yeah i just i think we're feathering our discount our discretion going forward that's

[1:32:49] Voice 3: well we're definitely saying to the lc that we're okay with the parking lot so yes

[1:32:54] Voice 3: that's what this emotion is about and so you know it's not about the rezoning we haven't

[1:32:59] Voice 3: got that yet but we are talking parking lot or no parking lot yeah

[1:33:04] Trustee Maude: i just from my perspective

[1:33:08] Trustee Maude: I would like to have a broader community conversation about that, because I've certainly had many people represent to me that a parking lot is not compatible with basically trying to preserve the land for conservation purposes.

[1:33:26] Trustee Maude: So I'm a little bit, I don't have a

[1:33:29] Trustee Maude: problem forwarding this for the ALC for their consideration of the application.

[1:33:37] Trustee Maude: but I guess I say I just understood from the staff report that we were not necessarily

[1:33:42] Trustee Maude: endorsing the project okay

[1:33:49] Voice 3: and so it would seem to me that if people feel firmly that

[1:33:52] Voice 3: there should be no parking lot on this property the time to the time and the area that you

[1:33:56] Voice 3: should be appealing to is not the trust committee it's the ALC I think it's their jurisdiction

[1:34:01] Voice 3: I think it's up to them so one way we're forwarding it but we as a local trust committee are also

[1:34:06] Voice 3: approving it we've had no we may have had people complaining but we've never had any

[1:34:10] Voice 3: written we've had we have lots of supporting letters of people who are really concerned about

[1:34:16] Voice 3: the access to the park but we haven't had anything in writing and the ALC does have a process a public

[1:34:21] Voice 3: process as well whether regarding non-farm use so if you can direct people to that process

[1:34:27] Voice 3: that that's now that's the next step for if there is people out there who truly are opposed to the

[1:34:32] Voice 3: parking lots so if i haven't actually asked the park planner before we do it yeah i'm going to

[1:34:41] Voice 3: suggest that

[1:34:41] Voice 14: but i also wanted to point out clarification page 43 um just reading that

[1:34:49] Voice 14: second paragraph that alc staff indicated that local government forwarding of the submission

[1:34:57] Voice 14: of an application for non-farm use does not necessarily indicate ltc support of the use

[1:35:02] Voice 14: it signals support for the review of the application does that clarify things potter

[1:35:09] Voice 14: chadwick yeah

[1:35:10] Planner Chadwick (probable): so um um maybe we can we can um address this issue by put by putting additional

[1:35:17] Planner Chadwick (probable): additional word into the um into the resolution so it'd be support for review of application

[1:35:23] Planner Chadwick (probable): because the um the intention is that you're you're supporting the app so it's as if you know

[1:35:29] Planner Chadwick (probable): when an application comes to you for anything, you need to support the actual application before

[1:35:34] Planner Chadwick (probable): it moves forward. So that resolution could be, I think, slightly changed to read support of review

[1:35:44] Planner Chadwick (probable): of application, and that might address trustees' mods concerns. Yeah.

[1:35:51] Voice 3: So is that... I'm happy to

[1:35:54] Voice 3: have my motion changed I missed

[1:35:57] Voice 3: that part in the report so thank you for that clarification

[1:36:00] Voice 14: Pat Todd are you okay we're going to add in the word review um to that resolution which has

[1:36:08] Voice 14: already been seconded but it sounds like it's good with everybody and do we want to give the

[1:36:12] Voice 14: opportunity to um CRD park planner uh Kevin Weber to speak to this or do you have anything else

[1:36:19] Voice 14: So you'd like to clarify, Mr. Weber?

[1:36:21] Trustee Maude: I don't

[1:36:22] Voice 14: know if you

[1:36:22] Trustee Maude: want to change your mind.

[1:36:24] Voice 14: Might be able to.

[1:36:26] Voice 2: Hey, thank you for the opportunity.

[1:36:29] Voice 2: Yeah, I have nothing further to add, and I appreciate you considering this application today.

[1:36:34] Voice 14: Great.

[1:36:34] Voice 14: And I guess, is it understood that a consultation with all First Nations in the area will be part of the rezoning application at the ALC,

[1:36:47] Voice 14: sort of sponsored by the ALC that the Islands Trust would not undertake this piece or

[1:36:52] Voice 14: whose job is that?

[1:36:55] Voice 2: Thank you yeah that is my understanding that the ALC does have the duty

[1:36:59] Voice 2: to officially consult as well. We did do some consultation through the development of the park

[1:37:06] Voice 2: management plan which included the development of the park entrance hub as one of the key actions so

[1:37:13] Voice 2: So there was some prior engagement as well.

[1:37:16] Voice 2: And then I should also note that we undertook an archaeological impact assessment within

[1:37:22] Voice 2: the vicinity of this proposed park entrance hub.

[1:37:24] Voice 2: And there was also that assessment support of the development as well.

[1:37:34] Voice 14: And I think, you know, we're going to vote on this, but just can we clear up the resource

[1:37:39] Voice 14: conservation zone versus the park zone because i will note on page 44 of of our staff report

[1:37:47] Voice 14: um it does speak about the resource conservation zone but in the reference in the referral to the

[1:37:55] Voice 14: alc it's only referred to as a parks zone so um where are we at with that conversation about the

[1:38:03] Voice 14: zoning matter chadwick yes

[1:38:08] Planner Chadwick (probable): if i understand uh so i so this is that's the the application that we

[1:38:14] Planner Chadwick (probable): that's currently in the portal um um that that uh so page 45 to um page uh whatever 46 that's that's

[1:38:27] Planner Chadwick (probable): uh or further than that um that's the application that that is currently in the portal for

[1:38:33] Planner Chadwick (probable): I don't know that it would necessarily change the nature of that particular referral, but certainly it will be captured in the actual rezoning process.

[1:38:52] Planner Chadwick (probable): process okay

[1:38:56] Voice 14: just as long as we'll get a chance to review that um at a later point okay trustees

[1:39:02] Voice 14: are are you ready to vote on the amended resolution that includes the words review

[1:39:07] Voice 14: all right all those in favor and that is carried so

[1:39:15] Trustee Maude: and I'd like to make an additional motion

[1:39:17] Trustee Maude: um that staff inform the agriculture Land Commission that um no First Nations consultation

[1:39:26] Trustee Maude: was undertaken within our process at this point in time and assume or wonder that the

[1:39:39] Trustee Maude: agricultural land commission will do the consultation something just to make it clear

[1:39:47] Trustee Maude: that we have an expectation that they will do

[1:39:50] Trustee Maude: what we expect them to do

[1:39:52] Voice 14: isn't that the crd's

[1:39:53] Voice 14: job though the the applicants role or sorry and trustee dodds i see you had your hand up too

[1:39:58] Voice 14: Well,

[1:39:58] Voice 3: I was just going to second the motion, because I think, I'm not sure how we should word the motion, but we do want it stated. I mean, we didn't have any particular, I mean, moving this forward, yes, the CRD does have to do its level of consultation, but we have not done any.

[1:40:16] Voice 3: No.

[1:40:16] Voice 13: And

[1:40:16] Voice 3: it's such a gray area for us right now.

[1:40:19] Voice 3: I really think it's important that we recognize the fact that there was no consultation in this moving forward on this, the non-farm use.

[1:40:28] Voice 3: Because we don't know.

[1:40:29] Voice 3: I mean, it's the first time here and it could eventually be a problem elsewhere.

[1:40:33] Voice 3: So some kind of motion that says that is good.

[1:40:37] Trustee Maude: So maybe perhaps Planner Chadwick might have some wording that might work appropriately as planners tend to do.

[1:40:44] Planner Chadwick (probable): Yeah, I mean, I've written that the DLTC direct staff to provide a note to the ALC that First Nations were not, have not yet been consulted on this, on

[1:41:06] Trustee Maude: this application.

[1:41:10] Trustee Maude: and Pat's got that okay

[1:41:13] Voice 14: we um is seconded by trustee Dodds any further discussion

[1:41:18] Voice 14: nope yep before I vote Pat have you got that

[1:41:49] Voice 4: this

[1:41:50] Voice 14: isn't coming to you pat pat can you type it out in the chat perhaps

[1:41:59] Voice 14: yeah yes we

[1:42:04] Voice 13: can't hear anything

[1:42:22] Voice 4: nope um oh okay got it um are

[1:42:42] Voice 14: you satisfied you've got the wording of the resolution pat

[1:42:45] Voice 14: perhaps we could read it out again slowly for you or

[1:42:55] Planner Chadwick (probable): i

[1:42:56] Voice 3: think it's the snow it's snowing at my house

[1:42:58] Planner Chadwick (probable): so or if she's having uh problems with connect

[1:43:02] Planner Chadwick (probable): connecting she may be having problems with putting things at the chat maybe she could email it

[1:43:07] Voice 6: right that

[1:43:08] Planner Chadwick (probable): i don't know we're

[1:43:12] Voice 14: not sure if you can hear us pat but really we're just not getting

[1:43:16] Voice 14: anything um that you're saying coming through is there any other way that she could indicate like

[1:43:27] Voice 14: raising her hand that yeah maybe

[1:43:29] Planner Chadwick (probable): you could try raising your hand if if you can hear us pot

[1:43:32] Planner Chadwick (probable): you want to try can you raise your hand if you can hear us oh

[1:43:41] Voice 3: dear yeah it is a really bad signal

[1:43:45] Voice 3: today i've kind of had to take video off and on and it's because of heavy snowfall

[1:43:53] Voice 3: there she is i did it go i did a chat oh no no you've

[1:44:00] Voice 3: got low bandwidth

[1:44:13] Voice 4: can

[1:44:15] Voice 14: anyone call pat and actually just get on the phone with her and to understand what's happening

[1:44:23] Voice 14: is uh do you have her no no no i'm just

[1:44:29] Planner Chadwick (probable): writing out uh i'll write i'll write out the resolution

[1:44:32] Planner Chadwick (probable): in the chat i

[1:44:37] Trustee Maude: think that the recording secretary can always review the tape afterwards so i don't

[1:44:45] Trustee Maude: think that we're encumbered from proceeding.

[1:44:47] Voice 14: I just want to know what we're voting for but I believe

[1:44:50] Voice 14: the LTC sends a note to the Agricultural Land Commission indicating that we have not done any

[1:44:57] Voice 14: First Nations engagement on this non-farm use. Is that the

[1:45:03] Voice 14: motion? Okay.

[1:45:06] Planner Chadwick (probable): Yes I just I

[1:45:07] Voice 3: just sent it

[1:45:08] Voice 3: in the chat there it is yeah thank you so much

[1:45:11] Voice 3: perfect great so

[1:45:13] Voice 14: we can read it and all those

[1:45:15] Voice 14: in favor yes yes that is carried apologies pat um i'm going to copy things into an email just in

[1:45:27] Voice 14: case you're missing this because i don't think the video will capture it

[1:45:31] Planner Chadwick (probable): okay so you've got that

[1:45:34] Planner Chadwick (probable): okay yeah

[1:45:35] Voice 14: i've got it oh no it doesn't copy weird oh that is

[1:45:40] Voice 13: weird i can cut and paste oh no i can't

[1:45:43] Planner Chadwick (probable): cut and paste it

[1:45:44] Voice 14: i'll

[1:45:46] Planner Chadwick (probable): write it i'll write it okay chatter

[1:45:49] Voice 14: is gonna save us again i'm on it

[1:45:51] Voice 14: let's move on uh but not too swiftly we will slowly move on the office has itself

[1:45:57] Voice 14: yeah pat you may have to mute yourself because it keeps sending us alien signals

[1:46:10] Voice 14: and emily bryant is as usual saving us in the background she's got it okay so moving on to

[1:46:17] Voice 14: our lub review this is our minor project for the for the year hopefully to be wrapped up in

[1:46:24] Voice 14: And one month, can we do it before the end of this fiscal?

[1:46:29] Voice 14: We have a report from Planner Chadwick, and the main discussion is about patios and the

[1:46:35] Voice 14: setback from the sea.

[1:46:38] Voice 14: Planner Chadwick, are you ready to?

[1:46:41] Planner Chadwick (probable): Yes.

[1:46:42] Planner Chadwick (probable): Yes.

[1:46:42] Planner Chadwick (probable): I'm just.

[1:46:43] Planner Chadwick (probable): Okay.

[1:46:43] Planner Chadwick (probable): Yeah.

[1:46:43] Planner Chadwick (probable): I will send this to Pat after.

[1:46:46] Voice 14: Yeah.

[1:46:46] Voice 14: We can call.

[1:46:47] Voice 14: Take it easy.

[1:46:49] Voice 14: All good.

[1:46:50] Planner Chadwick (probable): Okay.

[1:46:52] Planner Chadwick (probable): Right.

[1:46:53] Planner Chadwick (probable): Okay.

[1:46:53] Planner Chadwick (probable): We're good.

[1:46:54] Planner Chadwick (probable): Wait just a second.

[1:46:55] Planner Chadwick (probable): One sec.

[1:46:55] Planner Chadwick (probable): i

[1:46:58] Voice 14: remember this discussion because this is the only time that we all three of us

[1:47:03] Voice 14: expressed a different opinion so quite a bit of an impasse okay it's great discussion though

[1:47:12] Planner Chadwick (probable): okay so okay pat i'll send that after we're done here um um yeah so we're on to the leb minor

[1:47:20] Planner Chadwick (probable): amendment project so we've moved through it most of the amendments and everything has been pretty

[1:47:24] Planner Chadwick (probable): good on those fronts we've made some decisions uh you've made some decisions and i've just helped

[1:47:29] Planner Chadwick (probable): you to make those decisions i guess um um so but but we were stuck we were stuck on a couple

[1:47:36] Planner Chadwick (probable): um last time and um the one as um as chair elliott noted uh was patios and set back from c

[1:47:44] Planner Chadwick (probable): and so with respect to that um there were three different opinions um and in the moment um the

[1:47:53] Planner Chadwick (probable): the decision was just to retain that in the as part of the project and um so in thinking

[1:48:00] Planner Chadwick (probable): about it um this this would be given the given the fact that that all three um trustees are

[1:48:07] Planner Chadwick (probable): coming from a different perspectives on this um the the recommendation is to send patty

[1:48:15] Planner Chadwick (probable): as a setback to the APC to essentially provide some additional things to think about

[1:48:26] Planner Chadwick (probable): and address the impasse, I guess.

[1:48:30] Planner Chadwick (probable): Yes. The other issue that requires some further discussion by the LTC is the contractor yards.

[1:48:45] Planner Chadwick (probable): So with respect to contractor yards, that was sent to the APC, and they did a thorough analysis, as I understand, of the issue and came out with some recommendations that are identified on page 52 of your agenda packet package.

[1:49:06] Planner Chadwick (probable): some there I think there's a there's there is need for a little bit more discussion with

[1:49:12] Planner Chadwick (probable): respect to specifically the points that are identified here I think what we can do is we

[1:49:18] Planner Chadwick (probable): can we can go through each one of these points and see where you where you sit with them there

[1:49:24] Planner Chadwick (probable): will be some additional discussion that that needs to be had if you if you want to move forward with

[1:49:29] Planner Chadwick (probable): with looking at different sizes of lots

[1:49:31] Planner Chadwick (probable): and what those allowances should be,

[1:49:33] Planner Chadwick (probable): that requires a bit more analysis.

[1:49:36] Planner Chadwick (probable): So I'd like to kind of get your sense on things,

[1:49:38] Planner Chadwick (probable): whether you have ideas now or whether we want to move,

[1:49:41] Planner Chadwick (probable): you want to have staff kind of explore that a bit.

[1:49:44] Planner Chadwick (probable): So I'm thinking,

[1:49:45] Planner Chadwick (probable): why don't we address the patios and setbacks first,

[1:49:49] Planner Chadwick (probable): and then we can go through the recommendations

[1:49:51] Planner Chadwick (probable): of the APC related to contractor yards.

[1:50:00] Voice 14: yes please um uh trustee maud do you want to weigh in on that point or wait until we get to

[1:50:07] Voice 14: contractor work yards oh

[1:50:09] Trustee Maude: sure what the heck i might as well wait in go

[1:50:11] Voice 14: ahead um

[1:50:12] Trustee Maude: so just one

[1:50:14] Trustee Maude: minor point of clarification uh the bottom of page 53 under next steps um the first one i kind

[1:50:26] Trustee Maude: of disagree with because we haven't made that statement yet so the positive patios and setbacks

[1:50:31] Trustee Maude: will be referred to the apc we haven't made that decision yeah

[1:50:37] Planner Chadwick (probable): sorry i usually do in my uh

[1:50:38] Planner Chadwick (probable): in my reports i i usually put uh if staff recommendations are supported so yes i will

[1:50:44] Planner Chadwick (probable): make sure that i i retain that uh that wording in my reports thank you for pointing that out

[1:50:49] Trustee Maude: so now the line in the sand appears at this point to be whether or not they should be 10

[1:50:56] Trustee Maude: meters square limited to 10 meters square which is 100 square feet roughly or not um and honestly

[1:51:05] Trustee Maude: from a community perspective 100 square feet for a patio i i just i don't i don't know about patio

[1:51:14] Trustee Maude: on this island that's 100 square feet um i look up my window at my neighbors um his patio is probably

[1:51:22] Trustee Maude: well over a thousand square feet it's a hundred square feet limitation is is

[1:51:28] Trustee Maude: immensely great if if the staff recommendation was to say for 500 square

[1:51:35] Trustee Maude: feet and I have no idea how many meters that cubic meters that makes works out

[1:51:39] Trustee Maude: to be that would would pass for me but a hundred is exceptionally limiting in

[1:51:46] Trustee Maude: in size, like 10 feet by 10 feet.

[1:51:50] Trustee Maude: You know, if you're in some sort of small sort of subdivision in Oak Bay or something,

[1:51:59] Trustee Maude: that might be the size.

[1:52:00] Trustee Maude: But in a rural community, 10 feet by 10 feet, I don't know how many people I know on this

[1:52:07] Trustee Maude: island that have got patios.

[1:52:08] Trustee Maude: And I don't know anybody that has anything even close to being that small.

[1:52:12] Trustee Maude: Now, patios tend to be these unobtrusive, small, sprawling seating areas, not tight little places the size of a hot tub.

[1:52:23] Trustee Maude: So I just really don't like that restrictive size.

[1:52:32] Trustee Maude: As I say, if it was 500 square feet, I could get that.

[1:52:37] Trustee Maude: I know there are people such as my neighbor who would not be happy at all with that.

[1:52:42] Trustee Maude: but 500 more is is getting out to the expense of having like a patio patio um 10 by 10 is just

[1:52:52] Trustee Maude: vastly too small so if if we're in agreement of a smaller um maximum size this is fine

[1:53:01] Voice 14: sorry trustee maud you're we're not in agreement that is the whole point you

[1:53:06] Voice 14: the size for me

[1:53:09] Voice 14: the line in the sand is that patios should not be allowed in the setback at

[1:53:12] Voice 14: all so just

[1:53:14] Voice 14: speak for your own perspective so that's what and that's what

[1:53:17] Trustee Maude: i'm doing i'm not

[1:53:17] Trustee Maude: suggesting i just think if if the local trust committee was going down that road yeah that

[1:53:23] Trustee Maude: would be the size that i would support but the other the other thing that i will say you know

[1:53:28] Trustee Maude: i sort of went by back the last four or five years that we've been talking about this thing

[1:53:32] Trustee Maude: this has had 16 unanimous motions by a local trust committee it's been to the apc three times

[1:53:39] Trustee Maude: and be and being unanimously endorsed by the apc so you know we would and that's kind of why i'm

[1:53:48] Trustee Maude: not supportive of submitting about the apc because it would been there done that and and there's

[1:53:53] Trustee Maude: never been an issue and i just i i think that i'm not going to say wasting their time but you know

[1:54:01] Trustee Maude: is that how many times do you have to refer something to the same question and expect a

[1:54:06] Trustee Maude: different outcome and it's the same with this local trust committee you know 16 times 16 motions this

[1:54:11] Trustee Maude: has been passed unanimously okay

[1:54:15] Voice 3: uh trustee dots so i do support the concept of wooden patios in

[1:54:20] Voice 3: the setback from the sea versus all of the paved cement stone etc that i see we have very few

[1:54:27] Voice 3: properties where they would actually be able to this is a patio this this is not a a deck with

[1:54:32] Voice 3: railings up 10 feet near this is on the ground patio very few of them that we would actually

[1:54:37] Voice 3: ever see because because of the topography on the island if you go around the islands on a boat

[1:54:43] Voice 3: you will see a gazillion stairs with platforms so what we're worried about is preserving

[1:54:48] Voice 3: the input into the ocean we've already that that's long gone it's already been shot so really

[1:54:54] Voice 3: really is a mute point in terms of we're down to what we're down to now is the crunch is how

[1:54:59] Voice 3: to come up with a figure that makes sense for what people would want in terms of the size of patio

[1:55:05] Voice 3: if they were even to put a patio a wooden one on the ground and i you know certainly 100 square

[1:55:12] Voice 3: feet is not anyone's idea of a patio so to me the impasse between dave and i is simply and it's not

[1:55:18] Voice 3: even an impasse because i i do support the idea right now the way it is people have the ones who

[1:55:24] Voice 3: who can have patios they have them but they're not wooden they're not so wood allows water in

[1:55:29] Voice 3: it allows light in it allows the land underneath to remain most of them now are just cement blocks

[1:55:34] Voice 3: whether people would even bother to switch from their cement hard surfaced patios to something a

[1:55:41] Voice 3: little more environmentally friendly and i think it opens up that whole sea shoreline conversation

[1:55:46] Voice 3: that we really have to have an education so i think we need to come upon a figure that is

[1:55:52] Voice 3: is reasonable but I have no idea what's you know what's reasonable what isn't in terms of the size

[1:55:57] Voice 3: of a video it's really should be related to the size of the dwelling then it gets complicated so

[1:56:03] Voice 3: I'm leaving it to you know if trustee mod has a motion but it should be in relationship to the

[1:56:09] Voice 3: size if I've got a house that's on a flat piece of property and those don't exist on

[1:56:16] Voice 3: main island I mean there's not many people on the shoreline that have flat land we're all up on rocks

[1:56:21] Voice 3: I get it

[1:56:23] Voice 3: but but there is some kind of compromise here um and I don't know that the APC is is the

[1:56:29] Voice 3: route to go at this point so so

[1:56:32] Voice 14: my point of view is that the APC is not the referral agency that

[1:56:35] Voice 14: needs to be consulted it's probably First Nations because there is no shoreline that is not

[1:56:43] Voice 14: potential for significant archaeological or historical for First Nations

[1:56:49] Voice 14: and so to continue

[1:56:51] Voice 14: building as we have always done or just because the precedence is already there and we've already

[1:56:57] Voice 14: done damage to the you know the rocks down to the sea is not a reason to continue a precedence that

[1:57:07] Voice 14: if it's a bad precedence at some point you have to stop and say what are we doing here and the job

[1:57:12] Voice 14: of the you know regional planning really we need to look at shoreline protection with a much more

[1:57:21] Voice 14: um a much stronger lens with regard to this is a shared space with multiple jurisdictions and it

[1:57:31] Voice 14: is not up to simply property private property owners to decide what goes there nor is it just

[1:57:39] Voice 14: the jurisdiction, I think, of the local trust committee to decide how big or what materials

[1:57:44] Voice 14: should be built there. Shoreline is sensitive habitat. And it is almost certainly archaeological

[1:57:53] Voice 14: areas of importance to First Nations. We don't know that yet, whether asphalt would be,

[1:58:00] Voice 14: or wood would be preferable to asphalt. So I think we're honestly asking questions in the

[1:58:05] Voice 14: the wrong direction and trying to make decisions in a you know in a well what was accepted or what

[1:58:12] Voice 14: is you know culturally okay right now with what our neighbors are doing but that's not our job

[1:58:18] Voice 14: as the islands trust we're here to set regulations in cooperation with other agencies including first

[1:58:24] Voice 14: nations so that's where my trepidation of actually setting limits and saying this is how because

[1:58:32] Voice 14: Because your LU, like once it's in your land use bylaw, you know, or people are just building

[1:58:37] Voice 14: willy nilly anyways, you know, regardless of what the bylaw says, and then they apply

[1:58:41] Voice 14: for a variance.

[1:58:42] Voice 14: It's, it's, but we're making a statement saying this is okay by putting it into our

[1:58:48] Voice 3: We're speaking to an island that's 99% developed already.

[1:58:51] Voice 3: So we already have all the houses on the waterfront.

[1:58:54] Voice 3: We already have all sorts of people with various patios.

[1:58:57] Voice 3: I could see this conversation if nothing, there was nothing on the waterfront.

[1:59:01] Voice 3: so we're already in a position where we allow patios but we allow we have only have an eight

[1:59:06] Voice 3: meter setback from the sea so we already all have all of that in place so basically instead of just

[1:59:13] Voice 3: encouraging people who do want to have some kind of patio within the setback maybe we should be

[1:59:19] Voice 3: saying it should only be 12 feet wide i'm i don't know how we're going to find a compromise but what

[1:59:25] Voice 3: i do know because i know my island dave knows it well you're already fully developed on the

[1:59:30] Voice 3: waterfront there are very few empty properties left so going back and consulting now and changing

[1:59:36] Voice 3: bylaws now um where everything is pretty much already established like the stairs etc that's

[1:59:42] Voice 3: going to be a i think that'll be part of our shoreline education project but heaven knows

[1:59:48] Voice 3: if we'll ever get there but hopefully we will i think if dave can come up with some kind of

[1:59:53] Voice 3: emotion that as i say is within a reasonable amount within the setback from the sea that

[1:59:57] Voice 3: it still provides some undeveloped.

[2:00:00] Voice 3: land around it but

[2:00:01] Voice 14: the but the thing is the regulations have changed it's now 30 meters

[2:00:05] Voice 14: set back from the sea so no

[2:00:07] Voice 3: no no no i

[2:00:08] Voice 14: understand but other lubs that were developed later are now

[2:00:13] Voice 14: dealing with so so that like climate change is is coming for us all so just because you've got a

[2:00:19] Voice 14: whatever 10 meters set back from the sea doesn't mean that climate change isn't going to affect

[2:00:23] Voice 14: your patio or bust it to splinters or that you know your asphalt is not going to impact the

[2:00:31] Voice 14: the water flow so it it doesn't make sense to keep making regulations based on 1990s

[2:00:38] Voice 14: you know knowledge or science i i don't understand that reasoning no

[2:00:42] Trustee Maude: but but again the topography

[2:00:44] Trustee Maude: of the island is a little bit different because we don't have a lot of low bank waterfront

[2:00:47] Voice 5: like

[2:00:48] Trustee Maude: there are places like like um beachwood or laura point where literally like your waterfront

[2:00:54] Trustee Maude: lot is that like the 250 200 foot elevation level because it's sheer drop down to the sea

[2:01:00] Trustee Maude: um it's so it's it's a little bit different um but it's i like the thing i would suggest

[2:01:09] Trustee Maude: that at the end of the day that this component be removed so it's a separate bylaw a separate

[2:01:17] Trustee Maude: everything because it obviously is controversial obviously staff are going to flag it as being

[2:01:22] Trustee Maude: contrary to the trust policy statement which is another mountain i need to climb

[2:01:26] Trustee Maude: but so rather than conjoin the entire bylaw uh um amendment project to to to have this this

[2:01:36] Trustee Maude: component in there i would suggest i don't know the complexity of our plan or chadwick that this

[2:01:41] Trustee Maude: be run in parallel so it's in alignment um and it's so it's a separate consideration

[2:01:48] Trustee Maude: and as and but and the other and planet maybe could could just ask the question of her um

[2:01:54] Trustee Maude: i'm assuming that this bylaw is is circulated to first nations

[2:01:59] Trustee Maude: um as part of the process and if it isn't maybe it should be um and maybe so so maybe the

[2:02:06] Trustee Maude: consultation process becomes at the end of the process rather than the beginning of the process

[2:02:11] Trustee Maude: um to inform us um but i i would appreciate the feedback from planet chadwick as to her thoughts

[2:02:17] Trustee Maude: on this and

[2:02:20] Voice 14: i just have a question once you're um done there yeah

[2:02:23] Planner Chadwick (probable): through the chair

[2:02:23] Voice 14: yeah i think

[2:02:25] Planner Chadwick (probable): the if you were wanting to split it up then essentially you would be creating it would be

[2:02:31] Planner Chadwick (probable): a minor project um moving forward because um it would still so if you if you're going to

[2:02:36] Planner Chadwick (probable): to separate it from the uh land use bylaw amendment um project then um you would you would go through

[2:02:47] Planner Chadwick (probable): you you know you'd have to go through your readings with the land use bylaw and then this

[2:02:51] Planner Chadwick (probable): would be another change to the land use bylaw so you'd have to move this independently through

[2:02:56] Planner Chadwick (probable): readings and so it would have to be addressed uh so it would essentially become a minor project

[2:03:04] Trustee Maude: So not worthwhile?

[2:03:07] Planner Chadwick (probable): I would say it would just consume yeah I mean you just have to take in consideration the time

[2:03:12] Planner Chadwick (probable): the additional time.

[2:03:13] Trustee Maude: That was just because because unfortunately we're we're encumbered by only being able to do one

[2:03:18] Trustee Maude: of the one minor project at a time and and so it is if we if we did it that way um if we're trying

[2:03:28] Trustee Maude: to do at the same time then we're basically now we're holding back the other projects we want to

[2:03:32] Trustee Maude: to do so no then we'll just keep it bundled into the one package i would i was just trying to make

[2:03:37] Trustee Maude: it for complexity simpler yeah

[2:03:39] Planner Chadwick (probable): i hear you and the other thing i would point out is that if you don't

[2:03:43] Planner Chadwick (probable): move forward with that that doesn't preclude any property owner from applying for a dvp for

[2:03:49] Planner Chadwick (probable): a wooden deck um so there's actually there's two things on essentially two things to think about

[2:03:55] Planner Chadwick (probable): with respect to this it's the fact that currently asphalt and concrete are allowed in the setback

[2:04:00] Planner Chadwick (probable): from the sea so if you put a limitation on patios it would put a limitation on on uh on the on all

[2:04:07] Planner Chadwick (probable): materials um patios made up made of all all materials uh if you put the limitation if you

[2:04:13] Planner Chadwick (probable): don't put the limitation if you don't pass this then the concrete etc would still be allowed and

[2:04:17] Planner Chadwick (probable): the wooden ones would require development variance permits and if you put a smaller size on all of it

[2:04:23] Planner Chadwick (probable): then larger decks would just require or larger patios would require a development variance

[2:04:31] Planner Chadwick (probable): permit so that option would still exist.

[2:04:36] Voice 3: So knowing that so if I propose the motion that

[2:04:40] Voice 3: we limit patios like not not from the 10 meters to say 20 meters knowing that if somebody wants

[2:04:46] Voice 3: a bigger one that's too small then they can apply for a variance for that but also knowing that that

[2:04:53] Voice 3: with can we also within our bylaws remove the permission for patty for pavement and asphalt and

[2:04:59] Voice 3: all the concrete etc so that would be the way i would see it at this point because people could

[2:05:04] Voice 3: if they truly wanted if there was anybody who even wanted a patio um that they do have other

[2:05:10] Voice 3: options so i could make that motion if that was any help that would be helpful yeah okay

[2:05:17] Planner Chadwick (probable): yeah yeah through the chair um yeah so the original um proposal was to put a limitation

[2:05:25] Planner Chadwick (probable): on size on all materials so that would mean limiting um so right now you could have an

[2:05:31] Planner Chadwick (probable): unlimited uh asphalt and concrete essentially and so that would limit the amount of asphalt

[2:05:36] Planner Chadwick (probable): and concrete you could have in the so there would be a couple of there would be a couple

[2:05:40] Planner Chadwick (probable): of amendments that would be made um and um um and and certainly uh as i had mentioned before there's

[2:05:49] Planner Chadwick (probable): there would be the dvp option for those that would want to to expand that and that would re that would

[2:05:54] Planner Chadwick (probable): that option would also um require considering first nations uh interests so to go through the

[2:06:03] Voice 14: dvp

[2:06:03] Planner Chadwick (probable): process no

[2:06:04] Voice 14: just before you move i i have another question that i think is is relevant

[2:06:08] Voice 14: to the timing of everything so we're going to see our policy statement draft coming back out

[2:06:15] Voice 14: what if the policy statement amendment says something like nothing shall ever be constructed

[2:06:22] Voice 14: within 30 meters of the setback from the sea and you have just passed a land use bylaw allowing

[2:06:31] Voice 14: allowing a structure of whatever size to be constructed within that setback of the sea so

[2:06:38] Voice 14: what this is the this is the tricky thing because we've got a policy statement that may be moving in

[2:06:43] Voice 14: one direction based on uh first nations input and if you make bylaw changes in the meantime we've

[2:06:50] Voice 14: basically just wasted our time was that a possibility babe

[2:06:59] Voice 3: go ahead i'm prepared to make

[2:07:01] Voice 3: I

[2:07:02] Trustee Maude: don't think

[2:07:03] Voice 3: that policy statement would be fine.

[2:07:06] Trustee Maude: Yeah, so first off, with the discussions I've had with Claire Frater about the policy statement,

[2:07:13] Trustee Maude: and she can't fully disclose what's in there because it's embargoed,

[2:07:19] Trustee Maude: but because when I talked to her about shoreline protection,

[2:07:23] Trustee Maude: she indicated that the next draft of the policy statement says that all local trust committees

[2:07:29] Trustee Maude: must address shoreline protection in their land use bylaws,

[2:07:34] Trustee Maude: which is why I put forward the previous proposal that was rejected.

[2:07:41] Trustee Maude: So I'm assuming that because that statement's there,

[2:07:45] Trustee Maude: that there isn't anything prohibiting activity.

[2:07:49] Trustee Maude: But the thing is, as we wind through this bylaw,

[2:07:51] Trustee Maude: we're going to see, I'm understanding within the month,

[2:07:54] Trustee Maude: the actual draft policy statement.

[2:07:57] Trustee Maude: so we will have a fairly good heads up um prior to really advancing this um the but the the only

[2:08:07] Trustee Maude: thing that um just in advance of trustee dogs making her motion um 20 square meters is 200

[2:08:13] Trustee Maude: square feet that's still pretty small to me

[2:08:15] Voice 5: um

[2:08:16] Trustee Maude: like like when i look at a 500 square foot deck

[2:08:21] Trustee Maude: that's 20 by 25 that that's not a big patty so so like when i sort of talk in in that sort of

[2:08:29] Trustee Maude: language that to me as being a top end i think that's a reasonable compromise top end um smaller

[2:08:38] Trustee Maude: than that i'm really reluctant on because it is that we always get told well they just need to

[2:08:43] Trustee Maude: apply for development various permits well we all know that that costs a lot of money and a lot of

[2:08:48] Trustee Maude: time and a lot of energy and typically speaking the development variance permit is not just a

[2:08:53] Trustee Maude: development variance permit it's typically it's what what happens afterwards is that we tend to

[2:08:59] Trustee Maude: say you need to have a geotechnical engineer you need to have a structural engineer you need to

[2:09:02] Trustee Maude: have an environmental impact study you need they could it it they tend to become an encumbered with

[2:09:09] Trustee Maude: a lot of other very very impractical things that tend to be very costly things that discourage

[2:09:15] Trustee Maude: people from doing the right thing so i i i really i i hate when people say to me oh well they can

[2:09:24] Trustee Maude: just get a variance because a variance is not a simple or an economical thing okay

[2:09:30] Voice 3: i'm gonna make

[2:09:31] Voice 3: my motion then i'll speak to it so i move that we limit the size of wooden patios to 20 meters

[2:09:37] Voice 3: squared within the setback from the sea and that we prohibit patios of non-forest materials which

[2:09:45] Voice 3: is cement or asphalt non-porous materials if i have a seconder i'll speak to it if no one's

[2:09:51] Voice 3: going to second it then i will give it up well

[2:09:55] Trustee Maude: i'll i'll second it for discussion but i would

[2:09:57] Trustee Maude: like to see the number to be larger

[2:09:58] Voice 3: okay okay so i want to say anybody building a house on the

[2:10:02] Voice 3: waterfront today they can afford all the variances in the world um if anybody who has flat land on

[2:10:09] Voice 3: the waterfront is going to discover that it's going to get trickier and trickier if you have

[2:10:14] Voice 3: a low bank waterfront on this so i think we're sort of arguing about a whole issue that uh this is

[2:10:20] Voice 3: may or may never happen um not a lot of low bank waterfront property undeveloped is as one issue

[2:10:27] Voice 3: for sure and then it goes back to we talked ages ago we need to have a project when we finish

[2:10:32] Voice 3: housing about shoreline it's really about education and understanding that why you're in a pickle now

[2:10:39] Voice 3: because you're too close to the ocean your land is especially some of the boggier areas it's

[2:10:45] Voice 3: getting lower the waves are getting you know i live on the waterfront and i'll send you a picture

[2:10:50] Voice 3: shortly so anyhow i defend my motion thank

[2:10:55] Voice 14: you trusty dodds i think that's a creative

[2:10:58] Voice 14: solution my question was around i thought you had said earlier that patios are allowed in the

[2:11:05] Voice 14: setback of the sea but the staff report says no and does your motion uh should it have more

[2:11:12] Voice 14: proactive language like patios you know are allowed in the setback of the sea

[2:11:19] Voice 14: arm to this that or the other oh pat is

[2:11:25] Voice 6: i

[2:11:26] Voice 14: heard a noise does that

[2:11:29] Voice 14: make sense i'm i'm

[2:11:31] Voice 3: confused i have no idea it's almost like a dial

[2:11:35] Voice 5: I

[2:11:36] Voice 3: think we're giving direction to staff so I think we're going to come back with something

[2:11:39] Voice 3: basically based on the original recommendation of 10 meters to go to a little bit something

[2:11:45] Voice 3: that's a little better you know Pat you're still in a low bandwidth so

[2:11:51] Voice 14: can we request

[2:11:52] Voice 14: um Emily are you able to write down the resolution as being debated right now

[2:12:03] Voice 14: or or narissa yeah

[2:12:05] Planner Chadwick (probable): yeah so i i just like to say so i just want to make sure you've got the motion

[2:12:09] Planner Chadwick (probable): clear thanks so what i'm understanding you're asking for is to permit patio so it's you're

[2:12:20] Planner Chadwick (probable): you're you're asking to you're to permit patios of of all materials to be restricted to

[2:12:27] Planner Chadwick (probable): a size which is 20 meters squared i

[2:12:31] Voice 3: said wood that said wood i said non-forest or not allowed

[2:12:34] Voice 3: oh okay so

[2:12:36] Voice 3: so so

[2:12:37] Planner Chadwick (probable): with that you are no longer so so right now the the the land use bylaw

[2:12:46] Planner Chadwick (probable): permits asphalt and and concrete in the setback from the sea so with that resolution are you

[2:12:54] Planner Chadwick (probable): wanting to no longer permit asphalt and paving in the setback from the sea

[2:13:00] Voice 5: yeah okay

[2:13:01] Planner Chadwick (probable): so so so so

[2:13:03] Planner Chadwick (probable): let's be explicit then and say um and and the resolution could read uh to um direct staff

[2:13:13] Planner Chadwick (probable): staff to amend the bylaw such that non-porous materials are not permitted in the setback from

[2:13:28] Planner Chadwick (probable): the sea and patios made of wood of 20 meter size would be permitted?

[2:13:37] Voice 3: I think that's a compromise.

[2:13:38] Voice 3: I think that's a reasonable compromise at this point, bearing in mind that 90% of our waterfront

[2:13:44] Voice 3: properties are already fully developed and has been for about 30 plus years so i'm hoping that

[2:13:50] Planner Chadwick (probable): emily got that i've also

[2:13:53] Voice 14: captured it just in case emily did oh okay perfect great so emily what i

[2:13:57] Voice 14: have um that the main ltc direct staff to amend the bylaw such that non-forest materials i.e

[2:14:05] Voice 14: asphalt and concrete are not permitted in the setback area of the sea comma and pat that patios

[2:14:12] Voice 14: those made of wood be restricted to whatever 20 meters squared is that yes that was that was kind

[2:14:22] Voice 3: of where I was going okay well thank you

[2:14:25] Voice 3: so speaking to that 20 meters I still believe

[2:14:29] Voice 3: anybody constructing a brand new house on the waterfront can more than afford all the reports

[2:14:34] Voice 3: that they need.

[2:14:39] Trustee Maude: So, but I guess I would like to have going forward

[2:14:45] Trustee Maude: is that we can review that number

[2:14:46] Trustee Maude: as we go through the steps.

[2:14:51] Trustee Maude: And I would request that everybody get a tape measure

[2:14:56] Trustee Maude: and measure out 10 feet by 20 feet,

[2:15:00] Trustee Maude: which is what we're talking about

[2:15:01] Trustee Maude: and just to see how small that is.

[2:15:02] Trustee Maude: is um because like from my point of view as a waterfront landowner i can't afford a variance

[2:15:09] Trustee Maude: and i'm not the only one so it's just because it's suggested that the multi-millionaires buy

[2:15:15] Trustee Maude: these these wonderful waterfront properties some of us legacy landowners cannot afford to do the

[2:15:22] Trustee Maude: things that are available to other people um i know like when i built my shop i was limited in

[2:15:29] Trustee Maude: In size, I wanted to have another four feet height in my shop.

[2:15:32] Trustee Maude: And the planner said to me, it's going to cost you an additional $10,000 to $15,000 to put in for that variance.

[2:15:41] Trustee Maude: Because they required full geotechnical, full engineering, full this, full that.

[2:15:46] Trustee Maude: And it's a very similar process with the decks.

[2:15:49] Trustee Maude: So let's go forward with the 200 or the 20 cubic meters or square meters.

[2:15:57] Trustee Maude: but let's all go out and do our homework and let's really look at what size that is with an

[2:16:03] Trustee Maude: open mind to perhaps we can talk about it later as to expanding that number because i still feel

[2:16:09] Trustee Maude: that it's exceptionally small and

[2:16:13] Voice 3: just to wind that up um if i if i happen to be on property

[2:16:22] Voice 3: that was flat enough to actually have a patio

[2:16:26] Voice 3: under the definitions,

[2:16:27] Voice 3: a patio is not very high off the ground.

[2:16:29] Voice 3: I also have the options of all kinds of natural plantings

[2:16:32] Voice 3: that would extend the area that I would be able to use.

[2:16:35] Voice 3: So if I was imagining myself as somebody

[2:16:37] Voice 3: who could have a patio on the foreshore,

[2:16:41] Voice 3: there's lots of other options for that time of year

[2:16:43] Voice 3: that do not require you to have actually constructed.

[2:16:46] Voice 3: If the patio's not supposed to have railings, et cetera.

[2:16:49] Voice 3: Okay, thank you.

[2:16:52] Voice 14: i i do think it's a good compromise um trustee dodds you satisfied with the

[2:16:57] Voice 14: resolution in the chat and i also emailed it to everybody uh main ltc direct staff to amend the

[2:17:05] Voice 14: bylaws such that on porous materials i.e asphalt and cement are not permitted in the setback

[2:17:12] Voice 14: of the sea and that patio is made of would be restricted to 20 meters squared

[2:17:15] Voice 14: and then trustee maude point that we could review that at some point yeah it does practice planner

[2:17:26] Planner Chadwick (probable): chadwick yeah through the chair just to clarify process so um this will be part of a draft bylaws

[2:17:32] Planner Chadwick (probable): that will come forward to you um and in the course of um review and readings there's opportunity to

[2:17:40] Planner Chadwick (probable): to tweak and change at any time.

[2:17:44] Voice 14: Okay, great.

[2:17:48] Voice 14: Trustee Maud, you did indicate you did, right?

[2:17:51] Voice 14: No.

[2:17:52] Voice 14: No, yeah.

[2:17:55] Voice 14: No, I didn't.

[2:17:56] Trustee Maude: You clicked out on me, I didn't quite hear the question.

[2:17:58] Voice 14: Did you second that original resolution?

[2:18:01] Voice 14: Yeah, I did, yeah.

[2:18:01] Voice 14: Okay, and so any further discussion on the motion?

[2:18:06] Voice 14: No, hearing none, all for the vote.

[2:18:08] Voice 14: All those in favor?

[2:18:11] Voice 14: That is carried.

[2:18:12] Voice 14: carried. Thank you. I do appreciate the discussion. It's, it's, we really need to do a regional

[2:18:21] Voice 14: planning shoreline protection project. Absolutely. And that's, that's been a discussion of regional

[2:18:27] Voice 14: planning committee for a while. It's next. But, but, but,

[2:18:30] Voice 14: but it,

[2:18:32] Voice 3: it also has to bear in mind

[2:18:35] Voice 3: our particular island and our particular circumstance of being almost at build out.

[2:18:40] Voice 3: so that's really important to remember we're almost at build out yep

[2:18:44] Voice 14: for sure there's going

[2:18:46] Voice 14: to have to include a range of approaches and i suspect it will mostly be educational

[2:18:54] Voice 14: okay planner chadwick yeah i'm sorry back to your we have

[2:19:01] Voice 14: contractor yeah

[2:19:02] Planner Chadwick (probable): so the outstanding item now is contractor yards and so as i read as i mentioned

[2:19:06] Planner Chadwick (probable): mentioned previously we got a number of recommendations from the APC and so I

[2:19:14] Planner Chadwick (probable): think I think the way to go about this is as I can go through each one and you

[2:19:17] Planner Chadwick (probable): can see what you think about them where we need some additional information or

[2:19:23] Planner Chadwick (probable): discussion and then also if there are other things you'd like staff to explore

[2:19:27] Planner Chadwick (probable): with respect to the regulation that we develop so the context here is that

[2:19:36] Planner Chadwick (probable): we're looking has been has been discussed previously is looking to include contractor

[2:19:41] Planner Chadwick (probable): yards as a home occupation and so um you know there's a number of things of to to consider

[2:19:46] Planner Chadwick (probable): and that's what the apc has had a look at so i'll go through each item well first of all are there

[2:19:53] Planner Chadwick (probable): any questions generally about this topic no okay so the first um uh recommendation here on on the

[2:20:04] Planner Chadwick (probable): list of the apc recommendations is uh um the definition of contractor yards um so they've

[2:20:12] Planner Chadwick (probable): got a contractor yard means the use of residential property for the storage so so the context this is

[2:20:19] Planner Chadwick (probable): really the context is that what we're talking about is is the use of residential property for

[2:20:23] Planner Chadwick (probable): the storage of equipment uh commercial equipment vehicles supplies and or materials and we actually

[2:20:29] Planner Chadwick (probable): do have defined definitions of contractor yards that that um that do cons like do you identify

[2:20:37] Planner Chadwick (probable): those and i'm my tendency would be to default to what um what we have um already in other bylaws

[2:20:47] Planner Chadwick (probable): um yes uh oh sorry to the chair looks like trusty mod has his hand up

[2:20:54] Trustee Maude: thank you um so the one thing

[2:20:59] Trustee Maude: I think is missing from the series of recommendations

[2:21:01] Trustee Maude: is what we had

[2:21:03] Trustee Maude: originally talked about

[2:21:05] Trustee Maude: like the first topic

[2:21:07] Trustee Maude: was the large contractor

[2:21:09] Trustee Maude: shards like where the dump trucks and the excavators

[2:21:11] Trustee Maude: like all the big stuff

[2:21:13] Trustee Maude: and

[2:21:14] Trustee Maude: we kind of merged the small stuff

[2:21:17] Trustee Maude: in discussion

[2:21:18] Trustee Maude: is that yeah we probably should include that

[2:21:20] Trustee Maude: like what all of these

[2:21:22] Trustee Maude: recommendations seem to be more

[2:21:24] Trustee Maude: pointed to is the small stuff

[2:21:27] Trustee Maude: like I don't think

[2:21:29] Trustee Maude: that like parking excavators and dump trucks on residential zone properties was our intent um like

[2:21:39] Trustee Maude: like the like my like the first thing that i think that we we had said or i recommended was something

[2:21:46] Trustee Maude: to the extent of that a contractor's yard would be um something you could do on any property of

[2:21:53] Trustee Maude: say like five acres of in size or larger just a broad brush to accommodate the large stuff

[2:22:00] Trustee Maude: um these set of recommendations i think very well addresses the small stuff but i don't think it

[2:22:06] Trustee Maude: adequately um addresses the big things the big industrial equipment that people have um so i

[2:22:15] Trustee Maude: just i just wanted to sort of start out saying that is that if we if we look at all of these

[2:22:19] Trustee Maude: recommendations in the context of the small contractors like the people with a bobcat

[2:22:24] Trustee Maude: or the plumbers the electricians and all that i totally endorse all of these things

[2:22:29] Trustee Maude: but i don't think that these address where we started which was the large equipment so i'll

[2:22:35] Trustee Maude: leave it about

[2:22:36] Voice 14: trustee dodds thank you for that trustee mod

[2:22:38] Voice 3: so there there was a lot of

[2:22:42] Voice 3: conversation about dump trucks and excavators but unfortunately by the time it was two hour

[2:22:47] Voice 3: conversation trying to get everybody sort of onto the same page so there was this different size lot

[2:22:53] Voice 3: should have varying allowances for contractor yards so this really is key what is not in here

[2:22:57] Voice 3: there's not a specific recommendation that says thou must have x number of acres to have one dump

[2:23:04] Voice 3: truck two dump trucks an excavator and so that's the missing part here and i was hoping that

[2:23:09] Voice 3: in bylaws or through the bylaw enforcement office that there could be some sort of definition of

[2:23:16] Voice 3: of when you go beyond the number of pieces of equipment

[2:23:20] Voice 3: because we don't really talk about it.

[2:23:22] Voice 3: And all of our properties are zoned residential.

[2:23:25] Voice 3: We only have three that are industrial

[2:23:27] Voice 3: and they're not about to be shared.

[2:23:29] Voice 3: So we don't have property

[2:23:31] Voice 3: you can just take your three dump trucks to,

[2:23:33] Voice 3: but we know we have people who have that kind of equipment

[2:23:37] Voice 3: on relatively small lots.

[2:23:38] Voice 3: So if there's a way to figure out how to accommodate

[2:23:42] Voice 3: date um the growing proliferation of it would be excavators from small to large dump trucks from

[2:23:49] Voice 3: one tons to whatever they call tandems and all that trailers and stuff so that is missing here

[2:23:54] Voice 3: so if that's something that planner chadwick you can put in um then that would be great um most of

[2:24:01] Voice 3: our quarter acre lots wouldn't be suitable for that um so we could come up with an arbitrary

[2:24:06] Voice 3: figure of a lot size for sure I don't know that five acres would help people who have been in

[2:24:13] Voice 3: business for many years what's happened is people with smaller lots were there and they had no

[2:24:17] Voice 3: neighbors now they have neighbors so perhaps a motion trustee mod for a specific size that you

[2:24:23] Voice 3: might have in mind I the APC didn't get that far and I don't quite know how to make sure we don't

[2:24:29] Voice 3: sort of make it really hard on those that have been in business for many many years

[2:24:34] Trustee Maude: Yeah, well, I guess we need to have a conversation

[2:24:39] Trustee Maude: because I can't think of anybody who's in the business,

[2:24:44] Trustee Maude: like the people who have dump trucks.

[2:24:46] Trustee Maude: I don't know if there's anybody that doesn't have access

[2:24:49] Trustee Maude: to properties less than five acres in size.

[2:24:52] Trustee Maude: Well,

[2:24:52] Voice 3: and that's a political decision we can make now.

[2:24:56] Voice 3: So that's, I'm saying you need to come up with a motion

[2:24:59] Voice 3: in terms of lot size that works for the size

[2:25:03] Voice 3: of the heavier equipment or we can ask planner chadwick if there are other

[2:25:08] Voice 3: examples um of areas

[2:25:10] Voice 3: that have have grappled with this before and i mean basically as long as it's screened i mean

[2:25:16] Voice 3: even an acre of land is a lot of land if you're properly screening your equipment um but i don't

[2:25:22] Voice 3: want to get into us saying one dump truck two dump trucks um because all that stuff comes and goes

[2:25:28] Trustee Maude: yeah it's so well i guess my first question was are you comfortable with

[2:25:31] Trustee Maude: the recommendations there for the small stuff if

[2:25:35] Voice 3: we find those

[2:25:35] Trustee Maude: recommendations i

[2:25:36] Voice 3: think all of those

[2:25:37] Voice 3: recommendations work for the big stuff too i think what didn't get answered in the apc meeting was

[2:25:42] Voice 3: was actually drawing the line in terms of i think the i the the lot coverage idea was great because

[2:25:49] Voice 3: if you're on a quarter acre you're not going to have much room keeping it screened is great it

[2:25:53] Voice 3: accomplished even even somebody with just one dump truck that would work for them so i'm comfortable

[2:25:58] Voice 3: with how they've done that and I think for multi equipment operators of which we have a few and

[2:26:06] Voice 3: it's changing and growing all the time. When a person gets one excavator next thing you know

[2:26:10] Voice 3: they've got the bobcat in the back. So there should

[2:26:14] Trustee Maude: be a second definition that sort of says

[2:26:18] Trustee Maude: like heavy equipment or something. Somehow

[2:26:22] Trustee Maude: we need to put that. Where's the line in the sand?

[2:26:26] Voice 14: so um i'm

[2:26:28] Voice 14: gonna just put my my hat in here just to to weigh in with a local concern with a

[2:26:34] Voice 14: um a lot i think it's only two acres that was the the commercial operation was deemed

[2:26:44] Voice 14: legal non-conforming because they changed the bylaw to adjust to it's a it's a water

[2:26:52] Voice 14: water supply company but they have so expanded the use and so egregiously like it's become a

[2:27:03] Voice 14: massive commercial operation with heavy trucks that leave for the first ferry five o'clock in

[2:27:10] Voice 14: the morning to get water in Nanaimo they're also pulling groundwater out of it's it's a horrible

[2:27:16] Voice 14: situation and building non-permitted buildings and heavy equipment everywhere so it's like

[2:27:21] Voice 14: like limiting, putting an upper limit to what you're allowing is probably going to be sensible

[2:27:27] Voice 14: because you, you know, we're not looking five years into the future. It's, it's 10 years and

[2:27:33] Voice 14: you, you do like Maine has reached build out, but with your housing project there, there may

[2:27:38] Voice 14: continue to be building going on and you don't know what the services cement and all that. So

[2:27:44] Voice 14: we don't want to allow sort of essentially commercial, you know, residential lots to be

[2:27:49] Voice 14: be turned into commercial zones without sort of an upper limit so what is that upper limit of what

[2:27:55] Voice 14: you're willing to allow and is there any light industrial zoning or um any of that on uh on main

[2:28:05] Voice 14: there's only three

[2:28:06] Voice 3: lots three lots period

[2:28:08] Voice 3: yeah

[2:28:09] Trustee Maude: so and unfortunately uh one one of the lots

[2:28:12] Trustee Maude: it's owned by bc hydro uh the other one is owned by um main roads the highways contractor

[2:28:19] Trustee Maude: tractor. And the third one is privately owned, but it's for private use. So we, on a land

[2:28:25] Trustee Maude: use basis, we kind of, we didn't do a lot of good planning that way. So I guess we're

[2:28:34] Trustee Maude: going to probably lean probably on Planner Chadwick to have a discussion with Mr. Dingman

[2:28:41] Trustee Maude: for like how these things get enforced. Because I really agree with about the, like, to be

[2:28:48] Trustee Maude: be um because i think the intent is um with the contractor's yard um if we go back to the original

[2:28:56] Trustee Maude: definition is is it's the storage and equipment related to the construction industry so it's the

[2:29:03] Trustee Maude: idea is not um industrial type activity it's basically where do you park your excavator

[2:29:10] Trustee Maude: or where do you park your dump truck at night um so if that needs to be somehow wrapped into that

[2:29:16] Trustee Maude: that it's it's for storage um and

[2:29:20] Voice 14: then we need sorry i just want to pause on that word i don't

[2:29:24] Voice 14: mean to interrupt construction industry includes servicing and that's like cement and water so

[2:29:30] Voice 14: you have to think more than just building and excavating it's going to be people interpreting

[2:29:36] Voice 14: this to the you know whatever will meet their needs so so it's our job to limit that um and i

[2:29:45] Voice 14: I think

[2:29:46] Trustee Maude: that the wording that says the storage of material and equipment.

[2:29:51] Trustee Maude: So I think the key word is storage.

[2:29:54] Trustee Maude: So it's like where you park things at night.

[2:29:57] Trustee Maude: It's not where you do stuff.

[2:30:00] Trustee Maude: it's where you you park stuff and and i and i think to your point though um with the gabriel

[2:30:05] Trustee Maude: example is that somehow we need to put an upper limit because we we don't want 22 dump trucks parked

[2:30:12] Trustee Maude: um on an island on one on one property most of our people who are in the business they have one or

[2:30:19] Trustee Maude: two dump trucks they have one or two excavators but they are they're large pieces of equipment

[2:30:24] Trustee Maude: that need to have a home and right now we legally don't have homes for them so it's to accommodate

[2:30:29] Trustee Maude: things, but accommodate things to a reasonable extent. I think that's where the conversation

[2:30:35] Trustee Maude: the planners need to have with biola enforcement is how do we put the upper limits in? Because

[2:30:41] Trustee Maude: how do we regulate motor vehicles? How do we put a number within the land use biola that we legally

[2:30:49] Trustee Maude: can enforce? I know in previous discussions, it's difficult. So there needs to be some very,

[2:30:56] Trustee Maude: very careful word crafting so i i don't know if if planner chadwick is comfortable if we just

[2:31:03] Trustee Maude: make an a motion um that somehow splits that there there are small contractors yards and

[2:31:10] Trustee Maude: there are large contractor yards i don't know how she puts the line in the sand um and and

[2:31:15] Trustee Maude: just leave it um for her good judgment um or ability to to steal from other land use bylaws

[2:31:22] Trustee Maude: as to how the wording would be okay

[2:31:24] Planner Chadwick (probable): you got your point yeah to the chair yeah i'm so i'm just

[2:31:29] Planner Chadwick (probable): yeah just wanting to get some clarity here what i'm what i'm hearing i just want to make sure

[2:31:33] Planner Chadwick (probable): that i understand what i am what i'm hearing so what i'm hearing is that for the smaller

[2:31:39] Planner Chadwick (probable): contractor yards you're feeling good you like the recommendations the recommendations also

[2:31:46] Planner Chadwick (probable): also are are suitable for larger ones with with respect to buffering and and such

[2:31:54] Planner Chadwick (probable): you would like so I think in in both cases I think there's a there's still an out there's a

[2:32:02] Planner Chadwick (probable): there's an outstanding question about how much on the lot and I I think like my understanding is

[2:32:12] Planner Chadwick (probable): that if that's the question then it's a consideration for both the smaller and the

[2:32:18] Planner Chadwick (probable): larger lots so what we could be looking at is looking at um lot size and um and the um you know

[2:32:27] Planner Chadwick (probable): number of pieces of equipment or the area uh covered by that amount of equipment like those

[2:32:35] Planner Chadwick (probable): are two two considerations right there maybe there's some others that we you can think about

[2:32:39] Planner Chadwick (probable): um and and we could be explicit the land use bylaw can be explicit about that on on the different

[2:32:45] Planner Chadwick (probable): sizes of lots so uh you know maybe on smaller lots there's more coverage because they're smaller and

[2:32:51] Planner Chadwick (probable): you're gonna you know a dump truck in comparison to uh you know a through if you want to allow

[2:32:58] Planner Chadwick (probable): them on you know two acre lots then that's going to take up a lot more space but maybe

[2:33:03] Planner Chadwick (probable): it's not necessarily a percentage coverage we're looking at but it's it's maybe a a total coverage

[2:33:09] Planner Chadwick (probable): with respect to the larger lots is that what i'm kind of

[2:33:15] Voice 3: the gist of

[2:33:15] Planner Chadwick (probable): what i'm hearing yeah i think

[2:33:17] Voice 3: i think it's important to say that you know more than like a larger lot say a lot over an acre

[2:33:23] Voice 3: that no more than a certain percentage can be like that was tied into the lot coverage but that

[2:33:28] Voice 3: doesn't really work because if you have a large piece of property based on a 10 percent lot

[2:33:32] Voice 3: coverage yeah so yeah

[2:33:34] Voice 3: so something there has to be a formula out there as i said i've said at the

[2:33:38] Voice 5: beginning

[2:33:39] Voice 3: i'm sure that the bylaw officer that they can find examples of the kind of a lot size

[2:33:45] Voice 3: that should be a minimum for folks with more more than whatever three pieces of heavy duty

[2:33:52] Voice 3: equipment i'm sure there's a definition so if i have two dump trucks and an excavator then this

[2:33:57] Voice 3: would be the expectation versus if i have a van and a bobcat so i'm sure it's out there so mr mod

[2:34:06] Trustee Maude: so my question to planner chadwick um is that would a very very generic motion

[2:34:13] Trustee Maude: that allows you to fill in the blanks work for you or do you want some very explicit direction

[2:34:19] Planner Chadwick (probable): yeah no that's where i'm going i mean i think what's necessary here is you want some further

[2:34:24] Planner Chadwick (probable): information with respect regarding contractor yard so you can be explicit about what that

[2:34:29] Planner Chadwick (probable): information is so i would say uh to direct staff to um uh to come back with um options related to

[2:34:40] Planner Chadwick (probable): um um what are we going to say

[2:34:43] Planner Chadwick (probable): large scale

[2:34:45] Voice 13: operation area total

[2:34:48] Planner Chadwick (probable): like like i would say

[2:34:51] Planner Chadwick (probable): yeah like area lot coverage related um contractor yard lot coverage let's leave it at that

[2:34:59] Trustee Maude: yeah because i i think there needs to be a broad conversation with violent enforcement because

[2:35:03] Trustee Maude: i i would like to know um if if they feel they can enforce by numbers like can't can we explicitly

[2:35:10] Trustee Maude: say something like you can only have five dump trucks or or like now i see this dingman's right

[2:35:17] Trustee Maude: there so maybe he can answer the question without you having to go down the hall and ask him but

[2:35:21] Trustee Maude: that's sort of like if we're if we're talking about that can we put a number on vehicles so mr

[2:35:28] Trustee Maude: Mr. Dingman.

[2:35:29] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): Yes. So the North Pender, so through the chair, the North Pender Island

[2:35:35] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): home industry regulations are a good template, as are the Gabriola Island regulations on home

[2:35:43] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): industries can be used as a template to provide restrictions on, for one, setbacks from lot lines,

[2:35:50] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): whether you want 50 meters or 30 meters they can provide restrictions on the total lot area

[2:35:58] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): how many square meters you can use for your home industry and they provide for regulations as far

[2:36:05] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): as the number and type of home industry including the number of vehicles so i believe it is

[2:36:12] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): enforceable and those two land use bylaws can provide you i believe the best templates for

[2:36:18] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): what you may want to do on me okay so

[2:36:22] Trustee Maude: for planner chadwick if the motion just read

[2:36:26] Trustee Maude: um that um um local trust committee requests staff to provide options with um large scale

[2:36:38] Trustee Maude: um contractor shards is that generic enough to give you something to run

[2:36:44] Planner Chadwick (probable): i mean

[2:36:44] Planner Chadwick (probable): i feel like it's it's contract it's still contractor yards in general

[2:36:49] Planner Chadwick (probable): roll right because we're still looking

[2:36:50] Planner Chadwick (probable): at the small so I think to come back with them from

[2:36:52] Planner Chadwick (probable): like yeah like further information related to um um number of vehicles in lot coverage

[2:37:00] Planner Chadwick (probable): for contractor yards because I

[2:37:02] Trustee Maude: think I think that's a chat

[2:37:03] Trustee Maude: it's a chat

[2:37:05] Trustee Maude: recommendations at work

[2:37:06] Trustee Maude: uh

[2:37:08] Voice 14: so that the main LTC direct staff to return with options related to contractor yard lot

[2:37:14] Voice 14: coverage restrictions for setbacks on lot lines and regulating the number and type of home

[2:37:19] Voice 14: industry and potentially the term the number of piece pieces of equipment sorry that was a bit

[2:37:27] Voice 14: garbled that was sort of the four areas that um warren indicated i i

[2:37:35] Trustee Maude: certainly would be happy to

[2:37:36] Trustee Maude: move that if that that makes planning happy yeah

[2:37:39] Planner Chadwick (probable): that works for me that that provides clear clear

[2:37:41] Planner Chadwick (probable): clear direction okay

[2:37:43] Voice 14: i'll clean up and send it in that yeah okay very well done

[2:37:48] Voice 14: moved by trustee maude and seconded by trustee dodds i'll just i'll send it in the email

[2:37:55] Voice 14: okay so i think we read it out um and types of home industry is that because we've changed from

[2:38:06] Voice 14: contractor yards to home industry but i think i

[2:38:09] Planner Chadwick (probable): don't know if we yeah types of home because

[2:38:11] Planner Chadwick (probable): Because we're talking about contractor yards as a home industry, so I don't know that we necessarily need that part.

[2:38:16] Planner Chadwick (probable): But

[2:38:17] Voice 14: he was saying that if you can define how contractor yards are specified, that's what we're looking to the North Pender and the Gabriel

[2:38:26] Voice 14: Land Use Bylaws for, because they define home industries.

[2:38:29] Voice 14: Sure.

[2:38:30] Planner Chadwick (probable): Yeah. I mean, it doesn't hurt to put it in that resolution.

[2:38:32] Voice 14: All right. So all those in favor of the resolution, trusty dogs, that is carried. Excellent. I'll send it by email.

[2:38:44] Voice 14: is there any further business on the project sorry muted myself i've

[2:39:38] Voice 3: lost my sound so i don't know

[2:39:40] Voice 3: have we all lost sound no i i

[2:39:43] Voice 3: got you oh you can hear me okay oh

[2:39:45] Voice 14: i couldn't i couldn't i

[2:39:46] Voice 14: can hear you now yeah and um was there anything else in the um in the landis bio review project

[2:39:54] Voice 14: or I think we've put it all to bed.

[2:39:57] Trustee Maude: No, I guess my only comment,

[2:40:02] Trustee Maude: just to move back two steps,

[2:40:04] Trustee Maude: was the conversation about shipping containers.

[2:40:07] Trustee Maude: Because, you know, put that in there

[2:40:10] Trustee Maude: because of a recommendation from Director Cermak to me.

[2:40:14] Trustee Maude: I've looked at other land use bylaws,

[2:40:16] Trustee Maude: such as self-penders, that explicitly mentions them.

[2:40:19] Trustee Maude: And I just, I kind of, I'm really feeling bad

[2:40:22] Trustee Maude: that we're not dealing with that.

[2:40:23] Trustee Maude: so I just I just wanted to say that and

[2:40:31] Voice 3: if I can say you know on that you know there again so much

[2:40:35] Voice 3: of this stuff is about education it's about explaining to people you know what they can

[2:40:40] Voice 3: and can't do with their multiple accessory buildings they're not allowed to have I think

[2:40:45] Voice 3: it's just very much if you know whether we define them or not if people don't bother to read our

[2:40:52] Voice 3: definitions they'll continue to put things that they shouldn't put so probably some kind of

[2:40:57] Voice 3: information no doubt sometime somehow yeah

[2:41:01] Voice 14: indeed okay so if there's no further business on the

[2:41:12] Voice 14: land bylaw review we can move on to the report section which there is an applications report

[2:41:22] Voice 14: our active projects report is there anything that anyone would like to raise from the report

[2:41:29] Voice 14: section for discussion otherwise we'll receive that for information thank you

[2:41:35] Voice 14: to Conservancy staff for providing a report again we've been missing that and

[2:41:41] Voice 14: we'll move on to new business so the housing

[2:41:44] Trustee Maude: okay

[2:41:46] Voice 14: don't

[2:41:47] Trustee Maude: get away without

[2:41:48] Trustee Maude: doing a chair report young lady oh

[2:41:50] Voice 14: shoot do I really have to well you didn't

[2:41:53] Voice 14: phrase it i'm just conscious of the time but go right ahead let's um yes chair's report okay

[2:42:04] Voice 14: deep breath um regional planning committee uh met just last wednesday we reviewed all of the

[2:42:14] Voice 14: business cases and everything that will be uh debated and uh submitted a draft budget for

[2:42:21] Voice 14: for consideration of trust counsel, which is coming up in early March, March 12th, I believe.

[2:42:27] Voice 14: And so that's been a significant piece of work. I've also been participating in the CAO hiring

[2:42:33] Voice 14: committee, which we just established an RFP for an executive search firm to begin

[2:42:45] Voice 14: begin submitting proposals for a potential CAO hire.

[2:42:52] Voice 14: I think I can share that.

[2:42:56] Voice 14: Regional Planning Committee met last Friday, the 16th,

[2:43:01] Voice 14: and we had a really good discussion on the bylaw enforcement review project.

[2:43:09] Voice 14: And so that's become one of our top three work program priorities.

[2:43:15] Voice 14: Staff is going to be incorporating the recommendations from the ombudsperson's report, the voluntary request that we'd have a review of our bylaw enforcement practices and policies.

[2:43:29] Voice 14: So that's going to be worked into probably the next three regional planning committee meetings and will result in, I think, some significant changes.

[2:43:40] Voice 14: changes um and i'm not sure if there's anything else to report on our executive committee meeting

[2:43:50] Voice 14: is uh coming up on wednesday this week loving the 600 page agenda package that we get to read

[2:43:58] Voice 14: prior to trust council approving all of the uh all of the material that's going to go to trust

[2:44:04] Voice 14: council i will say we're going to have two exciting training opportunities one uh social

[2:44:09] Voice 14: media and communications training uh for trustees mainly uh that i will note will be closed to the

[2:44:17] Voice 14: public it's a training for our trustees to understand how to navigate the often complex

[2:44:24] Voice 14: inter interlayered web of uh web communications so it's it is not going to be open to the public

[2:44:32] Voice 14: So just if anybody's surprised that we've also got a an outside facilitator coming in to support a our trust council discussion on strategic planning and sort of a year behind this strategic planning session, but it's also because the corporate planning piece has been a significant change.

[2:44:57] Voice 14: and so all the everything had to align and so um looking forward to that strategic planning

[2:45:05] Voice 14: because i've realized how critical it is to have direction from trust council when you're making

[2:45:11] Voice 14: decisions especially around the budget um that's all i'll say i think for my chair report always

[2:45:22] Voice 14: a pleasure to serve on main i'm very sad not to be there today but hoping to be back on

[2:45:27] Voice 14: the beautiful island soon uh trustees do you have a report out oh

[2:45:34] Trustee Maude: sure um i'm i'm glad that you you

[2:45:38] Trustee Maude: you found that the budget part isn't worth the mentioning because that's because you need all

[2:45:44] Trustee Maude: the stress it's uh it is that we're the final throws of of financial planning with the budget

[2:45:51] Trustee Maude: which is beyond challenging it's um it is very hard to serve interests from 40 different

[2:46:00] Trustee Maude: directions um including um those who feel that we cannot raise the budget like a zero increase

[2:46:07] Trustee Maude: we're we're in a world where everything costs more um it's and it's and it's very very challenging

[2:46:13] Trustee Maude: because there's a lot of good work that we can do that you know we're really not going to be

[2:46:18] Trustee Maude: be able to do because money's just not going to be there because we just can't do the budget

[2:46:24] Trustee Maude: increases that we we need to do to do the work so that's really challenging but i and i totally

[2:46:31] Trustee Maude: agree with chair elliott you know the amount of meetings the last month have been incredible like

[2:46:36] Trustee Maude: last week tuesday i had three meetings uh wednesday i had three meetings um well every day last week

[2:46:43] Trustee Maude: meetings and and you know they they it gets confusing at times um from from the perspective

[2:46:52] Trustee Maude: of those of us who are serving as chairs you're bouncing from local trust committee to local trust

[2:46:57] Trustee Maude: committee and to to keep ahead of what what individual land use bylaws are the different

[2:47:04] Trustee Maude: planners the different interests different this and that it makes it very very hard um and so you

[2:47:10] Trustee Maude: You know, it's not having a day off sometimes wears on you.

[2:47:14] Trustee Maude: But then at the end of the day, you look at the good work that we do and you go, hey, that was fun.

[2:47:18] Trustee Maude: So I don't know, maybe it's part of a mental meltdown I'm having or something, but we're surviving.

[2:47:26] Trustee Maude: From a main island perspective, it's really just been dealing with the community stuff.

[2:47:30] Trustee Maude: stuff this past weekend I always was doing a little bit back and forth though on that McHugh

[2:47:36] Trustee Maude: variants trying to sort of hopefully get something to go um that would work for both neighbors but

[2:47:43] Trustee Maude: unfortunately we couldn't quite get there um it all takes time um but it's it's all good work and

[2:47:51] Trustee Maude: I do enjoy it thank you thank

[2:47:55] Voice 14: you so

[2:47:56] Voice 3: much uh Janine yes well I'm I'm blessedly not not sharing

[2:48:02] Voice 3: hearing anything or running through a lot of meetings. I was lucky enough to be able to go

[2:48:06] Voice 3: to the open house for the, my signal's going again. Anyhow, fortunately they had it on the

[2:48:11] Voice 3: Wednesday, which was not working well. It was a working day, but not off island for me. So

[2:48:15] Voice 3: incredible. The new teacherage, which was an old house on the lot that the school district brought

[2:48:20] Voice 3: some years ago and then used as a workshop has been completely restored. Incredible amount of

[2:48:26] Voice 3: volunteer work of I think close to a hundred thousand in cash that was raised from the

[2:48:31] Voice 3: the community crd various donations and now is how's he our new vice principal and his wife and

[2:48:39] Voice 3: two children so really amazing community spirit and it was nice to see all the different layers

[2:48:49] Voice 3: of the members of the community coming together for this open house great cookies so that i was

[2:48:57] Voice 3: at that i also was able to attend the the information meeting for the brewery which was

[2:49:04] Voice 3: interesting to hear the history and the hard work that's gone into creating this unique little

[2:49:09] Voice 3: spot for main island which is well loved and well used so that that was great it's a very quiet time

[2:49:15] Voice 3: of year on the island and a lot of people around but it's also the best time of year to be here

[2:49:20] Voice 3: and so that was about it for this month i did attend the apc meeting which took a couple of

[2:49:26] Voice 3: of hours and a lot of hard work for our apc members to grapple with contractors yards idea

[2:49:32] Voice 3: but i think they put they put some really good effort into that so that was three community

[2:49:37] Voice 3: events for me this month that were not not at all onerous i

[2:49:41] Voice 14: haven't heard nobody mentioned

[2:49:43] Voice 14: fallow deer what is happening yeah

[2:49:46] Voice 3: i'm not sure we you know we we have our we have our what do

[2:49:51] Voice 3: we call that we have a framework we have a huge report which is going to the crd i think what

[2:49:56] Voice 3: happened was the way christmas falls and then into january um it's with the crd i have no idea where

[2:50:01] Voice 3: where it's going there i did attend a zoo meeting last monday i think the one that we have monthly

[2:50:08] Voice 3: with adam olsen who's assured me he's still working on his angle in terms of getting my

[2:50:13] Voice 3: my first nations hunters funded and back on a regular basis certainly hunting is happening

[2:50:19] Voice 3: certainly there are far too many fellow the good news is they've gone to pender

[2:50:23] Voice 3: wonder why that's good news this means we get support so it's an ever-evolving issue never

[2:50:30] Voice 3: going to be solved but following sydney island we can only hope that at some point the reality for

[2:50:36] Voice 3: the province will show up and maybe with some support from parks canada we might actually get

[2:50:42] Voice 3: some genuine action but people plug away there's still lots of them so

[2:50:48] Voice 14: grateful that um yeah it's

[2:50:50] Voice 14: It's only this never give up plugging away

[2:50:53] Voice 14: to get at the

[2:50:55] Voice 14: very, very tricky longstanding issues.

[2:50:58] Voice 14: Well, thank

[2:50:59] Voice 5: you for

[2:51:02] Voice 14: your reports, trustees.

[2:51:04] Voice 14: I really do hope that Pat Todd is able to hear all of this.

[2:51:08] Voice 14: If not, the recording will be available.

[2:51:12] Voice 14: Now we'll move to new business,

[2:51:14] Voice 14: which I'm not sure if Main Island LTC

[2:51:17] Voice 14: wants to do anything about this.

[2:51:19] Voice 14: the um uh the staff memo it's actually a little bit more clear than some of the earlier earlier

[2:51:28] Voice 14: reports that we'd been getting out just because the legislation sort of the impacts for the trust

[2:51:33] Voice 14: area were not certain i will note that gabriela ltc just opted in to the short-term vacation

[2:51:44] Voice 14: rentals principal requirement um uh residency requirement uh gabriel has an excellent tup

[2:51:54] Voice 14: process for short short-term vacation rentals so but the the kicker for us and i'm not encouraging

[2:52:01] Voice 14: maine to do this at all but um it is the principal residency requirement that um

[2:52:06] Voice 14: that we were challenged with um and that the provincial legislation

[2:52:11] Voice 14: addresses that so trusty dots um

[2:52:15] Voice 3: just to note that we allow our short-term vacation rentals

[2:52:20] Voice 3: as a home occupation so people who have legal cottages are allowed so it's always been

[2:52:25] Voice 3: acknowledged that the residents have to be there we do have a couple of tups where the residents

[2:52:30] Voice 3: are not there but only a couple and we rarely get applications for for short-term vacation rentals

[2:52:36] Voice 3: And if we were getting more, we would probably limit them.

[2:52:40] Voice 3: So the legislation is kind of behind what we've always done.

[2:52:45] Voice 14: Great.

[2:52:46] Voice 14: Trustee Maude?

[2:52:48] Trustee Maude: Just a question.

[2:52:50] Trustee Maude: Do we have any interest of exploring the municipal taking the option for enforcement on the short-term vacation rentals?

[2:53:02] Trustee Maude: it's um it's a bigger hammer that's available to us but um i know that db oral it does does

[2:53:09] Trustee Maude: have that provision within their and it's

[2:53:12] Trustee Maude: not we used yeah

[2:53:14] Voice 14: it's not it staff manager warren

[2:53:16] Voice 14: dingman could probably speak to this the how it was explained to me is that uh because uh he would

[2:53:22] Voice 14: have to actually serve the um the offender in person it's a much more costly and challenging

[2:53:30] Voice 14: engineering ticketing system to to use but um warren i don't know if you can fill us in whether

[2:53:36] Voice 14: the mti bylaw would be helpful in managing um enforcement on maine yeah

[2:53:43] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): so you mentioned chair

[2:53:44] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): the main flaw in the system is that it requires personal service and so if you're dealing with a

[2:53:50] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): lot of operators who don't live on maine and they live in the lower mainland then we would have to

[2:53:56] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): to travel to the Lower Mainland

[2:53:57] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): to deliver the actual municipal ticket.

[2:54:02] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): And it would be a considerably extra cost.

[2:54:07] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): You had a question, Trustee Mott?

[2:54:09] Trustee Maude: Yeah, well, I'm just asking,

[2:54:12] Trustee Maude: so we can't have the sheriff or a third party deliver it?

[2:54:16] Trustee Maude: It has to be done by staff for delivery of the ticket?

[2:54:20] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): Well, as far as I know, the legislation states

[2:54:24] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): that the officer is to serve it.

[2:54:26] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): I can check on that.

[2:54:28] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): I think I even read it this morning where the person charging,

[2:54:33] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): you're charging someone the defense, you serve them in person.

[2:54:37] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): Yeah.

[2:54:38] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): But, you know, even if you're going to start hiring somebody,

[2:54:43] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): and I don't know, they may want to charge,

[2:54:48] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): it's adding an extra step when bylaw notices are much easier

[2:54:52] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): and you can just send it by mail.

[2:54:55] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): I do know that there are some documents that can be served by a police force for us, but as far as the municipal tickets, I'm not sure that they can serve them for us.

[2:55:08] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): Okay.

[2:55:09] Trustee Maude: I just like the idea that it's a bigger hammer.

[2:55:12] Trustee Maude: But if it's a tool you can't use, then what's the point?

[2:55:15] Trustee Maude: It's

[2:55:15] Voice 14: so unlike you, Trustee Mudd.

[2:55:18] Voice 14: You like getting hammers all of a sudden.

[2:55:19] Voice 14: Trustee Dodds, yes.

[2:55:20] Voice 3: Yes. Just to mention that there's no process servers on island. I do serve documents in lieu

[2:55:28] Voice 3: of that. And it's just not as simple as being able to, as you would in an urban area, get

[2:55:36] Voice 3: documents served on the island. It's really quite complicated. And you have to do Zoom meetings and

[2:55:41] Voice 3: square to it and all that stuff. And so I'm not interested in doing that. And there isn't anyone

[2:55:46] Voice 3: anyone else on Iowa that does it, even if you're allowed to.

[2:55:53] Voice 14: All right. So is there any interest? I'll just ask the short form of the question because

[2:56:01] Voice 14: there is a deadline to opt in by March 31, which would into the short term vacation rental

[2:56:10] Voice 14: accommodation principle require residency requirement. And that would only come into

[2:56:14] Voice 14: effect in November of the next year there is the option to opt in every year so that renews

[2:56:21] Voice 14: um if the LTC wants to trustee Maude yeah

[2:56:25] Trustee Maude: I just asked prior to chat like I think my understanding

[2:56:28] Trustee Maude: is that basically our land use bylaw is already there so opting in wouldn't provide us any benefit

[2:56:36] Trustee Maude: am I correct about interpretation um

[2:56:39] Planner Chadwick (probable): yeah I mean so I guess the biggest the biggest difference

[2:56:44] Planner Chadwick (probable): is that if you opt in, then it's only those whose principal residence it is would be allowed

[2:56:54] Planner Chadwick (probable): to have a short-term vacation rental. And in Maine's case, like as Trustee Dodds has

[2:57:02] Planner Chadwick (probable): indicated, you have provided TUPs to those that are non-residents. The other consideration

[2:57:10] Planner Chadwick (probable): is that the home business support for STBRs,

[2:57:20] Planner Chadwick (probable): essentially you don't specify that it is principal residence.

[2:57:24] Planner Chadwick (probable): You do specify that there is a resident living on site.

[2:57:30] Planner Chadwick (probable): So in that case, for example, the differentiation here

[2:57:33] Planner Chadwick (probable): is that somebody's principal residence could be in the lower mainland

[2:57:38] Planner Chadwick (probable): land and they could be living on the island six months of the year, during which time they rent

[2:57:43] Planner Chadwick (probable): out their cabin or a bedroom on their property for short-term vacation. And that would be allowed

[2:57:50] Planner Chadwick (probable): under existing bylaws. So this would further restrict it. This would restrict it such that

[2:57:56] Planner Chadwick (probable): those that have a principal residence that may also be either living on their property or there

[2:58:04] Planner Chadwick (probable): there is somebody that's living on the property operating uh you know that that is a permanent

[2:58:08] Planner Chadwick (probable): residence that's operating um um the uh the home business they wouldn't if it if it wasn't their

[2:58:15] Planner Chadwick (probable): principal residence they wouldn't be allowed to do so so that's that's a bit of the difference

[2:58:20] Planner Chadwick (probable): so it's stronger with respect to to that particular piece yeah

[2:58:25] Trustee Maude: and i believe our comfort

[2:58:27] Trustee Maude: level is as long as there's a responsible adult on site we're comfortable with stvr so

[2:58:32] Trustee Maude: So it sounds to me that, you know, it probably doesn't really benefit us.

[2:58:39] Trustee Maude: Trustee Dodds might have a contrary opinion, but just reading it, it seems to align fairly

[2:58:44] Trustee Maude: close to what we're already doing.

[2:58:45] Trustee Maude: So I think we were, as always, Maynard was 10 steps ahead of him.

[2:58:51] Voice 3: But I said in the beginning is I think we've done it the right way.

[2:58:55] Voice 3: And I don't think we have a problem.

[2:58:57] Voice 3: I don't think we need to opt in.

[2:58:58] Voice 3: if we're

[2:58:59] Voice 14: doing this fine so

[2:59:00] Voice 14: the final question is do you have any um legal non-conforming

[2:59:06] Voice 14: uh allowances right now for stvrs that would be um okay great not

[2:59:12] Voice 3: that i'm aware of no

[2:59:13] Voice 3: it's

[2:59:14] Voice 14: a big problem on south fender yeah

[2:59:16] Voice 3: yeah well because they already allowed them

[2:59:18] Voice 3: yeah years ago uh

[2:59:21] Voice 14: yeah okay um let me just return to the agenda so i don't is there any further

[2:59:31] Voice 14: questions on the um potential impacts of the housing statutes or anything else you want to

[2:59:37] Voice 14: staff while we're here no okay and we are at our next town hall i will just share that our next

[2:59:48] Voice 14: regular meeting excitingly is scheduled on maine the agricultural hall for march 25 2024 at 1 30 pm

[3:00:00] Voice 14: i'll now open the meeting for uh our second town hall before we adjourn is there anybody who'd like

[3:00:06] Voice 14: to address who's still here who would like to address the local trust committee warren do you

[3:00:12] Voice 14: want to address the local trust committee as

[3:00:14] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): a reminder there was uh you have the opportunity

[3:00:17] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): to do the closed meeting today oh it

[3:00:20] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): wasn't on the original agenda but the materials were sent

[3:00:23] Warren Dingman, Manager of Bylaw Compliance & Enforcement (probable): And a little bit later than the original last week.

[3:00:26] Voice 14: Thank you.

[3:00:27] Voice 14: I do appreciate that.

[3:00:32] Voice 14: Okay.

[3:00:35] Voice 14: Anybody, I do not see any hands raised for the, okay.

[3:00:42] Voice 14: So we will now close town hall and direct staff to, or sorry, can we read the closed meeting behind?

[3:00:55] Voice 14: How did I miss that?

[3:00:56] Voice 14: I think I missed that.

[3:00:59] Voice 14: Yes. Okay, the motion to close the meeting is, I could read that out.

[3:01:06] Voice 6: I

[3:01:06] Voice 14: move that the meeting be closed to the public in accordance with the Community Charter Part 4, Division 3, Section 91F, for the purpose of considering law enforcement, if the Council considers that disclosure could reasonably be expected to harm the conduct of an investigation under or an enforcement of an enactment, and that the recorder and staff attend the meeting.

[3:01:29] Voice 14: that is moved to our seconder seconded by trustee mods all those in favor and that is carried

[3:01:37] Voice 14: so now we can close the meeting and i don't think we will reopen to the public uh oh well

[3:01:43] Voice 14: they might have to to adjourn the meeting i

[3:01:46] Voice 10: just want to ask that sorry through the chair um i just

[3:01:50] Voice 10: that anyone who's still in attendance and of the public if you please um um exit the meeting so

[3:01:59] Voice 10: that we can have our closed meeting otherwise i will be closing the meeting on you so yeah

[3:02:09] Voice 14: okay thanks for that emily and does everybody have the agenda for the closed meeting which

[3:02:16] Voice 14: february 21st okay so we have just come from our in-camera um portion of our meeting and

[3:02:26] Voice 14: there is no rise report except that the meeting minutes of november 27th 2023 were adopted

[3:02:35] Voice 14: and so thank you everyone the members of the public and uh staff and members of the local

[3:02:41] Voice 14: trust committee and pat todd for hanging in there during a tricky uh internet sketchy oh yes trusty

[3:02:49] Voice 3: dots well i just want to say we've gone through a lot of challenging issues i think we've done

[3:02:54] Voice 3: it all with goodwill we've done a hard a lot of hard work left a lot of hard work now for

[3:02:59] Voice 3: for our planner but i think it was a productive day and so i want to thank everyone for

[3:03:05] Voice 3: for having worked hard on getting through our differences

[3:03:09] Voice 3: and our issues.

[3:03:10] Voice 3: So thank you.

[3:03:11] Voice 14: Exactly.

[3:03:13] Voice 14: Thank you.

[3:03:14] Voice 14: I always learn a lot on Maine.

[3:03:16] Voice 14: Looking forward to being with you all next month,

[3:03:21] Voice 14: March 26th, if I'm not mistaken,

[3:03:25] Voice 14: March 25th at the Agricultural Hall.

[3:03:27] Voice 14: And with that, I've moved to adjourn.

[3:03:32] Voice 14: Bye everyone.

[3:03:33] Voice 14: Bye.

[3:03:34] Voice 14: Thanks, Nerissa.

[3:03:36] Voice 14: Thanks.

Mayne Island Local Trust Committee 
Regular Business Meeting 
February 26, 2024 ADOPTED Page 1 of 8 
 
Mayne Island Local Trust Committee 
Minutes of Regular Meeting 
 
Date:  
Location:  
February 26, 2024 
Electronic Meeting 
 
Members Present: Tobi Elliott, Chair (electronic) 
 David Maude, Local Trustee (electronic) 
 Jeanine Dodds, Local Trustee (electronic) 
  
Staff Present: Narissa Chadwick, Island Planner (electronic) 
 Warren Dingman, Bylaw Compliance and Enforcement Manager 
(electronic) 
 Pat Todd, Recorder (electronic) 
  
Others Present: There were approximately sixteen (16) members of the public present. 
 Kevin Webber, Capital Regional District (CRD) Park Planner 
 
1. CALL TO ORDER 
Chair Elliott called the meeting to order at 1:30 p.m. Trustee Maude acknowledged that the 
meeting was held on the territory of the Coast Salish First Nations. 
2. APPROVAL OF AGENDA 
By general consent, the agenda was approved as presented. 
3. TOWN HALL AND QUESTIONS 
Tim Mackie asked if the letter sent Sunday had been received and read. They are opposed to 
DVP-2024.1 and the rationale is included in the letter. 
Chair Elliott acknowledged receipt of the letter. 
Nico Preston was opposed to DVP-2024.1 and made the following comments: 
 Questioned statement “no responses received to notice” 
 A Bylaw complaint has been filed regarding encroachments 
 Questioned if complaint to Planner had been received 
 Noted a letter sent to Local Trust Committee in 2022 regarding encroachments 
 Variance has impacts on own property: visual, possible increased occupancy 
Island Planner Chadwick (sitting in for Planner Testemale) stated that Bylaw complaints are 
independent of applications. The proposed Development Variance Permit is an effort to bring 
the site into compliance.  
  
A D O P T E D 

 
Mayne Island Local Trust Committee 
Regular Business Meeting 
February 26, 2024 ADOPTED Page 2 of 8 
4. COMMUNITY INFORMATION MEETING - None 
5. PUBLIC HEARING - None 
6. MINUTES 
6.1 Local Trust Committee Minutes Dated January 29, 2024  
By general consent the Mayne Island Local Trust Committee meeting minutes of 
January 29, 2024 were adopted. 
6.2 Section 26 Resolutions-without-Meeting Report - None 
6.3 Advisory Planning Commission Minutes Dated February 13, 2024  
  Received for information 
7. BUSINESS ARISING FROM THE MINUTES 
7.1 Follow-up Action List Dated Feb 2024 – Received for information. 
8. DELEGATIONS 
9. CORRESPONDENCE 
Correspondence received concerning current applications or projects is posted to the LTC 
webpage 
9.1 Lee-Ann McKintuck re Dog Park Proposal for BC Ferries 
Trustee Dodds spoke to this item. BC Ferries had contacted Planner regarding a 
community use for property next to ferry terminal that is currently occupied through a 
Temporary Use Permit by a trail crew. Trustee Dodds asked Island Planner Chadwick 
how to proceed. 
Island Planner Chadwick stated a letter from Local Trust Committee would be most 
efficient. 
MA-2024-009 
It was Moved and Seconded, 
that Trustee Dodds, in conjunction with Chair Elliott and Trustee Maude, draft a 
letter to British Columbia Ferries regarding exploring interim community usage, 
such as, a dog park, for property located on Letour Road. 
CARRIED 
 
9.2 Adrienne Brown re Vegetation Cutting and Removal on Local Roads 
 Recent mowing has caused a number of issues related to machines used and 
extent of brush cutting 
 Vegetation holds water 
 Prime topic for protocol agreement 
 Trust Council to add to ongoing concern with Ministry of Transportation and 
Infrastructure 
 Gabriola had similar concerns 

 
Mayne Island Local Trust Committee 
Regular Business Meeting 
February 26, 2024 ADOPTED Page 3 of 8 
MA-2024-010 
It was Moved ad Seconded, 
that Mayne Island Local Trust Committee send a letter to Ministry of 
Transportation and Infrastructure, with copies to Emcon Services (contractor 
responsible for mowing) and other Local Trust Committees, expressing concerns 
regarding road side brush cutting and roadside clearing practices. 
CARRIED 
 
10. APPLICATIONS AND REFERRALS 
10.1 MA-DVP-2024.1 (McHugh)  
Island Planner Chadwick reviewed the development variance application on behalf of 
Planner Testemale. It wads noted that the site allows for a dwelling and a cottage. The 
application appears reasonable. The site would be 4 acres following subdivision. 
Applicant added: 
 Buildings on site when purchased in 2012 
 Moving buildings not feasible 
 Need to upgrade to meet Building Code and bring structures into compliance 
 Attempts to rectify neighbour’s concerns have been unsuccessful 
 Only one of the existing buildings can be used as a dwelling 
 Septic needs to be upgraded, along with electrical, and would be located away 
from setbacks 
 Trying to resolve issues for past 2 years 
 Some urgency to close out Permits 
Discussion 
 Unfortunate neighbours are at odds 
 Historic issue:  past owners aware of situation and accepted 
 New owners while aware at time of purchase less accepting 
 Consider what option has the least impact/harm – ecological damage 
 Bylaw complaint lodged after rezoning application submitted 
 
MA-2024-011 
It was Moved and Seconded, 
that Mayne Island Local Trust Committee approve issuance of Development 
Variance Permit application MA-DVP-2024.1 (McHugh). 
CARRIED 
 
10.2 MA-LCB-2023.1 (Witteman)  
Island Planner Chadwick reviewed the community feedback from the open house. Six 
community members attended and all of them were in favour of the application. The 
proposal conforms to current zoning. The licencing change is a moderate expansion of 
service and within the existing Land Use Bylaws for Mayne Island.  

 
Mayne Island Local Trust Committee 
Regular Business Meeting 
February 26, 2024 ADOPTED Page 4 of 8 
MA-2024-012 
It was Moved and Seconded, 
that Mayne Island Local Trust Committee direct staff to send a response to the 
Liquor and Cannabis Regulation Branch regarding the application for a Lounge 
License for 490 Fernhill Road (Mayne Island Brewing Company) that states: 
a. The public within the vicinity of the establishment as well as the rest 
of the Island have been provided opportunity to comment on the 
application 
b. The impacts on nearby neighbours would be negligible 
c. The activity is permitted by zoning 
d. The Local Trust Committee recommends the application be approved. 
CARRIED 
 
MA-2024-013 
It was Moved and Seconded, 
that Mayne Island Local Trust Committee direct staff to include a record of 
information received at the February 23, 2024 Public Meeting, and any 
additional public input, with the response to the Liquor and Cannabis Regulation 
Branch regarding the Mayne Island Brewing Company Lounge License. 
CARRIED 
 
Trustee Maude spoke to unavailability to attend the recent Advisory Planning 
Commission meeting. Trustee Maude suggested that there is a need to avoid 
overlapping of meetings. 
 
The Committee took a break from 2:40 p.m. to 2:50 p.m. 
 
10.3 MA-ALR-2023.1 (CRD)  
  Capital Regional District Planner Kevin Webber joined the meeting. 
Island Planner Chadwick reviewed the Capital Regional District’s application to the 
Agricultural Land Commission. The application is to allow a non-farm use within a piece 
of land that is included in the Agricultural Land Reserve. The area would be used to 
create a park entrance hub and would be located on a previously cleared site. It was 
noted that the application appears to be practical. 
Discussion: 
 Plan to rezone to Conservation Resource and tell Agricultural Land Commission 
of intentions 
 Question of referral to First Nations and consultation 
 The question of which jurisdiction is responsible for  consulting with First 
Nations was raised 
 Could note no First Nations consultation with the expectation that the 
Agricultural Land Commission would do this 
 Access road to park 

 
Mayne Island Local Trust Committee 
Regular Business Meeting 
February 26, 2024 ADOPTED Page 5 of 8 
 Question raised regarding legal access for public – to address during rezoning 
process 
 
MA-2024-014 
It was Moved and Seconded, 
that Mayne Island Local Trust Committee support the review of application MA-
ALR-2023.1 (CRD) for nonfarm use and request staff to forward the application 
to the Agricultural Land Commission (ALC) for further consideration. 
CARRIED 
 
MA-2024-015 
It was Moved and Seconded, 
that Mayne Island Local Trust Committee direct staff to include with the referral 
to the Agricultural Land Commission a note identifying that there has been no 
First Nations consultation on this application.   
CARRIED 
 
11. LOCAL TRUST COMMITTEE PROJECTS  
11.1 Land Use Bylaw Review  
  The Local Trust Committee discussed patios: 
 8 m setback from sea in place 
 Few empty waterfront lots 
 Question changing  the Land Use Bylaw now 
 Remove this component for separate consideration 
 Could be a minor project moving forward – would progress 
independently through Readings – additional time 
 Currently asphalt and concrete allowed in setbacks 
 Noted size too small – expense of Development variance Permit  
 
MA-2024-016 
It was Moved and Seconded, 
that Mayne Island Local Trust direct staff to amend the Bylaw such that non 
porous materials (asphalt and concrete) are not permitted in the setback of the 
sea, and that patios made of wood be restricted to 20 metres. 
CARRIED  
 
The Local Trust Committee discussed Contractors Yards: 
 
Island Planner Chadwick spoke to the recommendations from the Advisory Planning 
Commission. 
 
Discussion: 
 Include as a Home Occupation 
 Address smaller equipment 

 
Mayne Island Local Trust Committee 
Regular Business Meeting 
February 26, 2024 ADOPTED Page 6 of 8 
 Need to address larger equipment 
 Consider lot size, number of pieces of machinery, percentage of lot coverage 
 Can put a limit on number of vehicles 
 Other Trust area bylaws could give direction (North Pender and Gabriola) 
 
MA-2024-017 
It was Moved and Seconded, 
that Mayne Island Local Trust Committee direct staff to return with options 
related to contractor yard lot coverage, restrictions for set backs on lot lines, 
regulating the number and types of equipment and home industry as an allowed 
use. 
CARRIED 
 
Trustee Maude stated that shipping containers should be addressed 
= 
12. REPORTS 
12.1 Work Program Reports 
12.1.1 Active Projects Report Dated Feb 2024 – received for information 
12.1.2 Future Project List Report Dated Feb 2024 – received for information 
12.2 Applications Report Dated Feb 2024 – received for information 
12.3 Trustee and Local Expense Report Dated Dec 2023 - received for information 
12.4 Adopted Policies and Standing Resolutions – received for information 
12.5 Local Trust Committee Webpage – to be updated upon closure of meeting 
12.6 Chair's Report 
Chair Elliott spoke to recent meetings: 
 Regional Planning Committee (draft budget to be presented to Trust Council 
March 12) 
 Chief Executive Officer Hiring Committee proceeding 
 Good discussion regarding Bylaw Review and proposal for Bylaw Enforcement 
Review is forthcoming 
 Trust Council Strategic Plan – critical to have direction from Trust Council. 
12.7 Trustee Report 
Trustee Maude reported on: 
 Final drafting of budget 
 Number of meetings this past month 
 Community negotiations take time 
Trustee Dodds spoke to: 

 
Mayne Island Local Trust Committee 
Regular Business Meeting 
February 26, 2024 ADOPTED Page 7 of 8 
 Attended the opening of the new Teacherage – restored through volunteer 
efforts and now home to new Vice-Principal 
o Great community spirit.  
 Attended open house regarding brewery  
o Unique locale.  
 Recent Advisory Planning Commission meeting 
o A lot of effort by members 
 Fallow Deer report is with the Capital Regional District 
o MLA Adam Olsen still working to obtain funding for First Nations 
hunters 
o Fallow deer are now on Pender 
12.8 Electoral Area Director's Report - none 
12.9 Islands Trust Conservancy Report Dated Jan 2024 – received for information 
13. NEW BUSINESS 
13.1 Housing Statute Changes to British Columbia Legislation  
  Discussion: 
 Gabriola has opted into Short Term Vacation Rental residency requirement 
 Question of Municipal Bylaw – ticketing process 
 Bylaw Compliance and Enforcement Manager Dingman noted that this requires 
personal service/delivery 
o Adds extra step 
o Bylaw notice easier and can be mailed 
 Trustee Dodds spoke to complications involved in getting documents served on 
island 
14. UPCOMING MEETINGS 
14.1 Next Regular Meeting Scheduled for March 25, 2024 at the Agricultural Hall, Mayne 
Island 
15. TOWN HALL - none 
16. CLOSED MEETING  
16.1 Motion to Close Meeting  
MA-2024-018 
It was Moved and Seconded, 
That the meeting be closed to the public in accordance with the Community 
Charter, Part 4, Division 3, s. 90(1)(f) for the purpose of considering: 
(f) law enforcement, if the council considers that disclosure could 
reasonably be expected to harm the conduct of an investigation under 
or enforcement of an enactment; 
AND that the recorder and staff attend the meeting. 
CARRIED 
 

 
Mayne Island Local Trust Committee 
Regular Business Meeting 
February 26, 2024 ADOPTED Page 8 of 8 
Committee closed the meeting at 4:11 p.m. 
 
By general consent Mayne Island Local Trust Committee reconvened in open meeting at 
4:48 p.m.to rise and report. 
 
 
17. RISE AND REPORT 
 
 Chair Elliott reported on the adoption of the In-camera meeting minutes for Nov. 27, 2023. 
 
18. ADJOURNMENT 
By general consent the meeting was adjourned at 4:50 p.m. 
 
 
 
_________________________ 
Tobi Elliott, Chair 
 
Certified Correct: 
 
_________________________ 
Pat Todd, Recorder