A Fanny Bay couple wants to subdivide their seven-acre parcel under a provincial bylaw so their aging parents can live onsite, but they’re feeling stonewalled by the Comox Valley Regional District.
Leah Weinberg and Gerald Richardson have two approved dwellings and want to draw a legal line down the middle of the property. Technically, because it’s zoned CR1, it doesn’t meet the 10-acre requirement to subdivide. But Weinberg says a provision under the Local Government Act allows the creation of one new lot for a separate residence for a relative. However, she says the CVRD’s Official Community Plan (OCP) restricts the use of the provincial bylaw.
“They have made it virtually impossible,” Weinberg said. “The CVRD is requiring us to rezone in order to use (Bylaw) 514. In our opinion, this goes against the original intent of the provincial bylaw made to facilitate family members staying together…The intent is to help families that don’t meet the requirements for a regular subdivision.”
The matter has been time-consuming and expensive.
“My 80-year-old parents don’t have $20,000 to spend,” Weinberg said.
She notes a 2016 CVRD report regarding a subdivision to provide a residence for a relative recommended a review of the OCP policy that requires parcels proposed for subdivision be two times the size of the minimum parcel size within the zone. Weinberg questions if the review has happened.
Ann MacDonald, General Manager of Planning and Development Services, said the CVRD is bringing forward several amendments to the OCP. Regardless, the issue is zoning. To date, she says Weinberg has not submitted an application to rezone the property. Fees for a rezoning are $2,000 for an application and $1,500 for a required public hearing.
MacDonald notes the Local Government Act does not allow for a variance to change the density specified in a zoning bylaw. She also notes that local governments that deviate from planning law — such as issuing a permit for a change that requires a rezoning — can be taken to court.
“Local governments protect the character of a neighbourhood through planning and zoning,” MacDonald said. “Generally, that defines how many dwelling units can be on a property.”
Alana Mullaly, manager of planning services, feels the CVRD board has taken a proactive step by allowing carriage houses, secondary dwellings and secondary suites to assist with affordability, and to help extended household situations.
“We allow virtually every property to have two dwelling units,” Mullaly said. “That is not very common in rural B.C. for it to be allowed so broadly.”
