LETTERS: ‘Over-height’ house lawsuit – East Village sidewalk danger – Pheasant Glen rezoning concerns – Streetlights Group requests Town update

September 3, 2023

  • ‘Over-height’ house lawsuit a painful lesson
  • Pretty cobblestones in East Village dangerous
  • QB Streetlights Group requests Town update
  • Pheasant Glen rezoning conditions not being met?

‘Overheight’ house lawsuit a painful lesson

Re: Frustrated QB homeowner files lawsuit against Town Sep 2, 2023

Dear Editor:

Krystyna Janik’s “over-height” house is quite a story. It is the house that roared and the game of kick-the-can, all tied up in one big schmozzle.

What the BC Supreme Court decides is what the BC Supreme Court decides. I’m not attempting to over-ride the Court’s present and future wisdom. Based solely on the media reports I’ve seen, this is my opinion:

It doesn’t take a genius to conclude Staff and Council will be paying Ms. Janik’s full or partial legal fees. And compensation for her displacement, stress, time, and (likely) unsought publicity and (also likely) the ostracism and finger-pointing she has endured.

Just as it is impossible to fully know what conversations passed between Ms. Janik and her builder (1045664 BC Ltd.), it is impossible not to conclude the past Council and staff bear a large measure of responsibility for this debacle. However much insurance the Town carries for disasters large and small, it will never mitigate the pain and suffering Ms. Janik has undoubtedly suffered.

People make boo-boos. This one’s likely going to be a boo-hoo.

Brace yourselves: I smell a tax increase.

Nicole Parton, Qualicum Beach

Pretty cobblestones in East Village dangerous

Dear Editor,

I was just looking at the latest, in my opinion, waste of tax payer dollars. That little stretch between the back of Naked Naturals to the new pub and butcher shop (which is wonderful) is paved with cobble bricks and a nightmare for our seniors who have walkers, wheelchairs, even canes. Do mayors and councils ever learn? 

I attended a UBCM 20 years ago where seniors advocates did a workshop to remind all communities and their well meaning politicians around BC that ‘yes, it looks pretty, BUT excludes so many residents because it’s dangerous’. The example that was used was the square and fountain behind the library in the city of North Vancouver that was a hazard for seniors.

So here we are today still excluding our most vulnerable. 

Barb Ewens, Qualicum Beach

QB Streetlights Group requests Town update

In June, Town staff had indicated that BC Hydro, due to a shortage of stock, were unlikely to start remediation of the reported LED streetlight trespass problems until October. This week crews have been seen in Town making adjustments.

Earlier this week, the QB Streetlights Group sent this letter to Town CAO Lou Varela requesting an update report at the next Regular Council Meeting scheduled for October 11, 2023. Editor

Pheasant Glen rezoning conditions not being met?

This letter was sent to the Mayor and Council by local resident Charna Mcfie about the Pheasant Glen development permit applications. See our related story in this issue: Pheasant Glen hotel design panned by Advisory Planning Commission [LINK]

To Mayor and Council,

The  Advisory Planning Commission [APC] meeting on September 13 reviewed the Pheasant Glen Development Permit for phase 1 as per [Development Permit Area] DPA C12 guidelines. Review was limited to form and character, accessibility and water conservation.

If the covenants connected to this development include information regarding the phasing, tenure and construction, it would be helpful for the public to have access to these covenants to better understand Council’s decision on this development permit.

One commission member had a problem understanding how the lodge was going to be used asking if it was for visitors and tourists or for permanent residents as well. Although this question was related to zoning, the applicant did answer the question, but gave inconsistent responses first saying that “top floor units are probably going to be owned by the ownership and rented out” then later saying the whole building would be held by the owners.

After listening to comments by commission members and applicant and  reviewing the Comprehensive Development Zone 5, it is now unclear what the zoning is for this development and if the development permit application before Council is compliant to the zoning.

In 2021 the OCP was amended to accommodate a new zoning for the development of Pheasant Glen property.  Attached to the new zoning and subdivision are certain conditions.  One condition is for 40 units in the lodge to be set aside for tourist accommodation and be held by developer/owner for that purpose. If only top floor of the lodge (4 units) will be retained by owner, how will the remaining lodge units be used or managed? Considering the applicant’s ambiguous comments at the APC meeting that the lodge will be like the rest of the development and part of a rental pool, it is unclear if remaining lodge units will have same tenure as villas and cottages.

The phasing of the development as per zoning and perhaps the covenants dictate what is built during the first phase.  The developer states that he has complied with the first 2 conditions of the zoning for phase one: affordable housing contribution and registering easement on property Title. 

October harvest, 2023.

The zoning states that prior to further development 4 conditions must be met in phase one: construction of clubhouse, brew pub, lodge and 60 units of villas or cottages. A maximum of 100 villas or cottages is permitted in phase one after the 4 conditions are completed. The current Development Permit for the villas is for 79 villas appears to be inconsistent with zoning and conditions for phase one.

The applicant presented to the APC a chart describing the phasing of the development showing that once easement is registered on Title, 20 villas can be constructed. And after the public trail is completed then 60 more villas can be built. This appears inconsistent with the zoning as mentioned above.

If the covenants connected to this development include information regarding the phasing, tenure and construction, it would be helpful for the public to have access to these covenants to better understand Council’s decision on this development permit.

The applicant has informed Council that “This resort development requires a number of complex stages of jurisdictional approvals alternating back and forth between Subdivision, Development Permit and Building Permit Applications. Stage 1 development approvals are only the first steps toward the realization of this resort lifestyle community. Council will have numerous opportunities over the lifespan of the project to weigh in on design elements of the project.”

In addition I posit that Council may also weigh in on the compatibility between development permits and the zoning.

Aside from the technicalities of Pheasant Glen development process, there is a physical immediacy to the Pheasant Glen development – wildfire urban interface management. I imagine that Council will consider wildfire management when reviewing this Development Permit application.

If it is the intention of Council to have a resort destination for Qualicum Beach, then the current development permit application for Development Permit Area C 12 Rural Destination Resort should support that intention.

Charna Macfie, Qualicum Beach

READ previously Published Letters


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