Summerland resident challenged city hall over permit – and won

Council removes conditions, decides to review current bylaw

SUMMERLAND — Sometimes you can beat city hall.

Just ask Robert Young, owner of property at 12404 Lakeshore Dr. in Summerland, who questioned whether the conditions placed on the approval of his development variance permit were being applied fairly.

Council on Monday unanimously approved the staff recommendation that conditions placed on the original development variance permit to reduce side yard setbacks and maximum height restrictions be removed.

In particular, the conditions were to construct curb, gutter, drainage and asphalt filler strip where the property fronts Butler Street and Lakeshore Drive.

“The property owners were very concerned with the condition imposed on their DVP and questioned whether their application received the same consideration as other properties undergoing development,” chief administrative officer Linda Tynan told council.

Under current practices and regulations, conditions such as those placed on the Young property would not be considered for single-family developments requiring only a building permit, but would be for those also needing a development variance permit.

Tynan advised council that these requirements are not being handled in a consistent manner and that before further conditions for offsite works are considered for single-family development, council should review the current exemption in the subdivision and development servicing bylaw.

Subsequently, council directed staff to review the bylaw and bring recommendations for an update to council for consideration.

Tynan said the update could be available for the next council meeting.