North Saanich council is steaming ahead with plans to remove an exemption to its secondary suites bylaw, as residents of Dean Park Estates continue to urge them to reconsider.

On Monday night, councillors voted to advance a revision to its zoning bylaw that allows secondary suites throughout the municipality. That revision would remove an exemption that effectively bans secondary suites on 782 properties within Dean Park Estates. It was put in place in 2015, after residents and the Dean Park Estates Community Association (DPECA) convinced the council at that time, that the exemption would reduce confusion in the area B次元官网网址� which already does not allow secondary suites under a restrictive covenant on those properties.

North Saanich council cited other neighbourhoodsB次元官网网址� requests for the same type of exemption as a reason for wanting the same rules to apply across the entire District.

B次元官网网址淚 initiated this vote process on exemption removal after another community that asked for an exemption too,B次元官网网址� said Councillor Murray Weisenberger. B次元官网网址淭he District is not party to any of these separate covenants and itB次元官网网址檚 not fair to all of (the District) that we take on the enforcement of covenants.B次元官网网址�

Speaking to council Monday night, DPECA President Peter Jones said the covenant B次元官网网址� called a Schedule of Restrictions B次元官网网址� is up to Dean Park residents to enforce.

B次元官网网址淣ot even DPECA can do that,B次元官网网址� he said. B次元官网网址淒PECAB次元官网网址檚 existence is to get neighbours to talk and resolve those things.B次元官网网址�

Jones said the DistrictB次元官网网址檚 bylaw exemption for those properties made it clear that the municipality recognized the covenant and would not give people building permits for secondary suites.

B次元官网网址淲hat will happen if the District removes the exemption,B次元官网网址� Jones continued, B次元官网网址渋s some suites will be built and neighbours could go to court with neighbours, if it pisses them off enough.B次元官网网址�

He asked that council work with DPECA and the residents to keep the exemption in place.

Coun. Heather Gartshore asked District staff about the applications for secondary suites. She was told that current application forms do ask property owners to check if they have restrictive covenants on their land.

Gartshore said she didnB次元官网网址檛 support the 2015 exemption in the first place and heard nothing from Jones or from the many speakers on the issue during Monday nightB次元官网网址檚 public hearing.

B次元官网网址淥nly the parties to the covenant should determine whatB次元官网网址檚 appropriate under its Schedule of Restrictions,B次元官网网址� she said, adding there have been secondary suits in Dean Park Estates for years and it hasnB次元官网网址檛 been an issue.

B次元官网网址淭here have been two methods to take action for 40 years,B次元官网网址� she said, B次元官网网址渙ne, complain to the District and two, challenge it through the Schedule of Restrictions. And that just hasnB次元官网网址檛 happened.B次元官网网址�

Coun. Jack McClintock, who also said he never supported the exemption at Dean Park, added he doesnB次元官网网址檛 believe there should be two sets of laws.

B次元官网网址淭he bylaw applies in all of the District,B次元官网网址� he said.B次元官网网址滶nforced evenly.B次元官网网址�

Coun. Jack Thornburgh said he changed his mind on the exemption.

B次元官网网址淚 still feel weB次元官网网址檙e better off having the municipality as a whole under the same set of rules,B次元官网网址� he said. B次元官网网址淒ean ParkB次元官网网址檚 Schedule of Restrictions does take precedence, but thatB次元官网网址檚 up to Dean Park to sort out.B次元官网网址�

Coun. Celia Stock stuck to her support of the exemption, saying she is siding with what a majority of Dean Park residents want B次元官网网址� and thatB次元官网网址檚 the added layer of protection from secondary suites. Stock did add the covenant, applicable to those 782 properties, does not erase the DistrictB次元官网网址檚 bylaws. But based on the most recent B次元官网网址渙verwhelmingB次元官网网址� opposition to removing the exemption, she would vote to keep it.

MondayB次元官网网址檚 latest vote to remove it passed 4-1. It is not yet a done deal, however, as the bylaw change must be approved by the B.C. Ministry of Transportation and Infrastructure, then returned to council for a final vote at a later date.

Twelve of 15 speakers at the hearing Monday were opposed to the change. The majority of people were from Dean Park Estates. Many expressed fears that losing the added protection of a District exemption could ruin their neighbourood.

Mayor Alice Finall and Coun. Geoff Orr were not at Monday nightB次元官网网址檚 meeting, which angered some people, who stated the decision required all of council be present. Gartshore noted that itB次元官网网址檚 normal for a council, when it has a quorum, to proceed with municipal business.

editor@peninsulanewsreview.com