city of duncan public hearing minutes

City of Duncan, Public Hearing Minutes - November 27, 2017

City of Duncan

Public Hearing Minutes

A Public Hearing was held in the Council Chambers, City Hall, 200 Craig Street, Duncan, BC, on Monday, November 27, 2017 at 5:00 PM.

Present Mayor Phil Kent, Chair

Councillor Michelle Bell

Councillor Roger Bruce

Councillor Tom Duncan

Councillor Sharon Jackson

Councillor Michelle Staples

Councillor John Horgan

Also Present Peter de Verteuil, Chief Administrative Officer

Michelle Geneau, Manager of Planning

Paige MacWilliam, Director of Corporate Services

Allison Boyd, Corporate Services Coordinator

Jane Armstrong, Acting Director of Corporate Services

Call to Order Call to Order

The Chair called the Public Hearing for "Zoning Bylaw No. 3166, 2017" to order at 5:02 pm.

Public Hearing Process

Explanation of Public Hearing Process

The Chair provided an explanation of the Public Hearing process. He stated that the Public Hearing was convened pursuant to Section 465 of the Local Government Act to allow the public to make representation to Council respecting matters contained in the proposed "Zoning Bylaw No. 3166, 2017". The Director of Corporate Services stated that notification of the Public Hearing was advertised in the Cowichan Valley Citizen newspaper on November 15 and November 22, 2017. She stated that notice was also posted on the City's public notice posting places, on social media and on the City's website.

Proposed Zoning Bylaw Staff Introduction of Zoning Bylaw No. 3166, 2017

The Manager of Planning provided an overview of the proposed Zoning Bylaw No. 3166, 2017. She listed the changes that had been made to the bylaw since the last Public Hearing was held on September 18, 2017.

Correspondence Received Regarding Zoning Bylaw No. 3166, 2017

The Chair asked the Director of Corporate Services if any written submissions were received regarding the proposed bylaw. The Director of Corporate Services stated that three pieces of correspondence had been received after the meeting agenda was published and before 4:00 pm on November 27, 2017, from Mr. Blumel, Mr. Childs and Ms. Hill, all of which were pertaining to

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Mr. Blumel's automobile dealership on the Trans-Canada Highway. Copies of the correspondence were provided to all members of Council and made available to the members of public in attendance at the Public Hearing.

Public Comment Period

The Chair asked for a first time whether anyone wished to present their views about the proposed bylaw. Mr. Childs - Duncan Street, Duncan, BC

Mr. Childs spoke about his concerns regarding excluding automobile dealerships as a permitted use in the City of Duncan. Mr. Blumel - TransCanada Highway, Duncan, BC

Mr. Blumel provided a history of his family's car dealership currently located on the highway within the City of Duncan. The proposed bylaw excludes automobile dealerships as a permitted use in the City of Duncan, which would make Mr. Blumel's dealership a legal non-conforming use. Mr. Blumel stated he is concerned that this would mean that they would not be able to do any renovations and would not be able to rebuild if the building were to be damaged. Mr. Blumel requested that Council consider allowing automobile sales as an allowable use or provide a site- specific exemption for his existing car dealership. Mr. Mikel - Sherman Road, Duncan, BC

Mr. Mikel Representing the Duncan Curling Club, spoke in praise of Mr. Blumel's car dealership, which provides sponsorship to the Curling Club. He was against the proposed Zoning Bylaw excluding automobile sales as an allowable use. Mr. Johnstone - Victoria, BC

Mr. Johnstone spoke against excluding automobile sales as an allowable use. He is a property owner in the Cowichan Valley Regional District and has experienced a rezoning that established the current use of his property as legal non-conforming. He expressed his frustration regarding the rezoning of his property. The Chair asked for a second time whether anyone wished to present their view about the proposed bylaw. Ms. Dunn - Evans Street, Duncan, BC

Ms. Dunn owns two single-family houses in an area currently zoned multi-family. She expressed concern that if 75% of her house is damaged, she will be unable to rebuild a single-family home on the property. She has been advised by her insurance provider that her insurance will lapse in the spring as her house is legal non-conforming.

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Mr. Arnold - Maple Bay, North Cowichan, BC

Mr. Arnold owns commercial property in the City of Duncan. He spoke in support of Mr. Blumel's dealership.

Mr. Yolden - Victoria, BC

Mr. Yolden owns a property on Evans Street. He expressed concerns about the set-back provision for Evans Street, stating that it would be a liability as a future potential side-walk would be built on private property. He also spoke about the 40 metre frontage shared access requirement included in the bylaw being an issue as his lot has less than 40 metre frontage. He stated that there was a potential buyer for the property who has backed out due the new zoning bylaw provisions.

Mr. Ritter - Duncan, BC

Mr. Ritter requested that Council grant a site-specific exemption for automobile sales for the two existing car dealerships on the highway. He pointed out the other site-specific exemptions included in the bylaw.

The Mayor called for a third and final time for any additional speakers.

Ms. Dunn - Evans Street, Duncan, BC

Ms. Dunn stated that she is against the set-back requirements included for Evans Street as the street is already narrow.

Mr.Yolden - Victoria, BC

Mr. Yolden stated that the City had offered to purchase his Evans Street property and he expressed concern that the set back requirements and shared access provisions in the Zoning Bylaw are a deliberate attempt to devalue his property.

Adjournment Adjournment The Chair read the closing remarks and declared the Public

Hearing for "Zoning Bylaw No. 3166, 2017" closed at 5:48 pm.

Phil Kent, Mayor Paige MacWilliam, Director of Corporate Services

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CUNNINGHAM & RIVARD APPRAISALS LTD. [email protected] w www.crisland.com

Victoria Office Nanaimo Office Duncan Office 103 – 771 Vernon Avenue 70 Prideaux Street 300 – 394 Duncan Street Victoria, BC V8X 5A7 Nanaimo, BC V9R 2M5 Duncan, BC V9L 3W4 Tel: (250) 381-4455 Tel: (250) 753-3428 Tel: (250) 737-1777

DAVID L. KIRK, AACI, P.APP., RI(BC), JASON MIKES, AACI, P.APP., GREG ROUNIS, BBA, AACI, P.APP., P. SIMON WAINWRIGHT, BBA, AACI, P.APP., DOYLE CHILDS, AACI, P.APP., K. ALLAN BROWN, B.COM, AACI, P.APP., DAVID T. OSLAND AACI, P.APP, FELLOW,

ROBERT FLEMING, AACI, P.APP., KATIE SNELL, AACI, P.APP., HUGH P. GALVIN, CRA DAVID VAN VEEN, BA, MA, CRA, DAVID MATKOVICH, CRA, CRP, MARIA CHAPELLE, CRA, DAVID THOMPSON, CANDIDATE, KELLY SAYERS, CANDIDATE, JAY TEARE, CANDIDATE

November 27, 2017 Our File: CR17-14007 Peter de Verteuil, CPA, CGA CAO, City of Duncan 200 Craig Street, Duncan, BC, V9L 1W3 By E-mail: [email protected] Dear Mr. de Verteuil: Re: City of Duncan - Proposed Zoning Rewrite At the request of local property owner Todd Blumel I am writing to provide comment on the Rezoning Rewrite that is in progress with the City of Duncan as it relates to the valuation of automobile dealership properties. I have reviewed the City of Duncan Zoning Bylaw Rewrite page posted at the following link:- https://duncan.ca/city-hall/planning-and-development/zoning-bylaw-rewrite/ I note in particular that the proposed Highway Corridor Commercial Zone does not list Automobile sales as a permitted use. In fact, none of the proposed zones allows for automobile sales. If the proposed zoning is enacted it would create ‘legal non-conforming use’ situation for the two major existing automobile sales outlets and it would preclude any other property owner from selling automobiles. A property that is deemed to be developed with a legal non-conforming use has a lower value than a property that is developed in conformity with the zoning bylaw, all other things being equal. Without more detailed research it is not possible to quantify the extent of the negative impact; however, it is certain that some lending institutions would not provide mortgages and some insurance companies would no longer provide coverage to property that is deemed to have a ‘legal non-conforming’ use. Before proceeding with 3rd reading of the proposed zoning bylaw I strongly recommend a more detailed study of existing uses do determine how the proposed Zoning Rewrite will impact existing businesses. Kind regards,

CUNNINGHAM & RIVARD APPRAISALS LTD. Doyle D. Childs AACI, P.App. DDC

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mailto:[email protected]

http://www.crisland.com

mailto:[email protected]

https://duncan.ca/city-hall/planning-and-development/zoning-bylaw-rewrite/

CR17-14007

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Submission

to the City of Duncan

Pertaining to Public Hearing Dated 27 Nov, 2017

To consider

Zoning Bylaw No. 3166,2017

BY

Todd Blumel

of 461 Trans Canada Hwy.

Duncan, B.C. V9L 3R7

November 27, 2017

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EXECUTIVESUMMARY

The proposed zoning change from C-3 to HCC deletes auto dealerships as a

permitted use along portion of Trans Canada Highway.

Todd Blumel owns lands on which there is a Chrysler and Nissan Dealership, both

of which would be now excluded under the new zoning.

Family owned business which has been operating on the Lands for 50 years.

Employ 60 people. Put money back in local economy. Extensive community

involvement.

Roughly $11 million has been invested into these facilities in the last 10 years to

substantially upgrade them, which money has been spent locally.

These upgrades are specific to car dealerships and would be lost if such uses do

not continue.

What is the City’s purpose of excluding car dealerships? Why are dealerships

being singled out, as gas stations and auto repair shops are permitted under HCC

zoning?

If the City wishes to exclude car dealerships, at a minimum Todd Blumel’s land

should be given a SITE SPECIFIC EXEMPTION.

Other businesses adversely affected by the bylaw changes have been given site

specific exemption. Why not Todd? I

Site-specific Exemption is consistent with the OCP which says that “No New

Dealership” willbe permitted BUTexisting dealership willnot be affected.

“Legal Non-Conforming Use” is NOT consistent with the OCP as existing

dealerships are not being left alone.

“Legal Non-Conforming Use" have significant drawbacks under the Local

Government Act and generally.

In summary, such designation

(a) limits expansion of the business,

(b) limits changes to the lands;

(c) is lost after 6 months of non use (for example a tenant vacates); and

(d) is lost if fire or other calamity partly destroys the building.

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- “Legal Non-Conforming” Status will:

(a) inhibitthe ability to obtain financing on the land;

(b) increase the cost of insurance and risk of calamity;

(c) significantly impair l_emd_value and availability of buyers; and

(d) damage ability to sell the business and price received.

- We ask Council to either include auto dealerships back in the HCC zoning or.

provide a site specific exemption for Todd Blumel’s lands.

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ll. BACKGROUND

A. Lands

These submissions relate to lands municipally described as 461 and 467 Trans

Canada Hwy. and legally described as follows:

1. PlD 107-658-489Lot 1, Section 17, Range 6, Quamichan District, Plan VIP 53706

2. PID 005-015-073Lot A, Section 17, Range 6, Quamichan District, Plan VIP 44109

3. PlD 026-937-905Lot A, Section 17 Range 6, Quamichan District, Plan VIP 82436

4. PlD 001-378-937Lot 1, Section 17, Range 6, Quamichan District, Plan VIP 29603

(the “Lands”)

A copy of the titles to the Lands is set out in Exhibit A. The owners of the Lands

are Little Eagle Holdings Ltd., Marnette Holdings Ltd. and Crow Enterprises Ltd.,

which companies are controlled by Todd Blumel and the Blumel family.

The location of the lands in relation to the proposed new Highway Corridor

Commercial(“HCC”)Zoning is set out in Exhibit B.

The Lands are the ONLY lands occupied and utilized as a car dealership in the

new HCC zoning area.

B. Facilities

Bow-MelChrysler has occupied a portion of the Lands for approximately 50 years.

The other relevant portion of the Lands was also utilized as a car dealership for an

extensive period and was used as a Ford Dealership. Todd Blumel recently

purchased such lands and now leases it to a Nissan Dealership.

Approximately9 years ago the buildings occupied by BowMelChrysler underwent

a substantial multi million dollar upgrade, a significant portion of which was

financed by Island Savings Credit Union.

After Todd Blumel purchased the lands previously occupied by the Ford

dealership 4 years ago, such facilities also went through a substantial upgrade.

‘Further million dollar upgrades were also done by Nissan and were only just

completed.

It is important to note that the relevant upgrades were specific to car dealerships

and such upgrades would essentially be lost if the Lands were no longer operated

in such a manner.

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The total cost of upgrades on the Lands in the last 10 years is approximatelyeleven (11) million dollars.

.Family Business

The Blumel family has operated Bow-Mel Chrysler for two generations. GeorgeBlumel became involved in the dealership in 1967 and it is now operated by hisson Todd Blumel and his wife Leslie.

Bow-Mel Chrysler and Nissan of Duncan together employ approximately 60people.

Todd Blumel has spent millions of dollars in the local economy in the last years inconstructing new buildings, renovations and otherwise. He is committed to hisfamily business and the City of Duncan.

Todd Blumel and his family are extensively involved in the community. A list ofsome of their involvement includes:

a) The Duncan Rotary Club

b) Founding member of the Duncan Totem Committee (George Blumel)

c) Cowichan District Hospital Foundation

d) British Columbia Forest Discovery Center

e) Supported: Cowichan Valley Soccer Association, Cowichan SportsPlex,Cowichan Valley Curling Club, Duncan Volunteer Fire Department, andmany more.

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III THE PROPOSED BYLAW

A. Bylaw 3166, 2017

The proposed bylaw impacts zoning over a wide area but our submission relates

to a very specific matter only.

The proposed bylaw seeks to change the existing zoning on Todd Blumel’s

lands from C-3 (Commercial) Zoning, which zoning permits car dealerships,

to HCC (Highway Corridor Commercial) Zoning, which does not.

The new HCC Zoning impacts only a fairly small area and that centers on Todd

Blumel’sLands. See Exhibit B. it is important to note that Todd Blumel’s Lands

are the only lands affected by the change to delete dealerships from a permitted

use, being the only lands which have car dealerships.

It is also important to note that AutomotiveFueling Stations, AutomotiveRepairs

and Car Washes are still permitted under the new zoning. Only car dealerships

have been excluded.

Indeed, if one looks at the old C-3 zoning and compares it to the new HCC zoning

it would look fairly similar. One notable exception is the elimination of car

dealerships.

B. Why are Car Dealerships being pushed out?

What is the purpose of a zoning change to eliminate car dealerships? This has not

been fully explained in the Bylaw. If the thrust of the Bylaw is beautificationof the

Trans Canada Corridor, why were existing uses like garages allowed and car

dealerships not? Are car dealerships an eyesore? We would submit that they are

not. Moreover, the Trans Canada Highway would seem to be the perfect place for

such business. This is consistent with what you see in other communities like

Victoria, Nanaimo and Parksville, where dealerships are located on a main road

away from residences. Does the rationale of excluding car dealerships (whatever

it is) justify the harm done to an existing business like that operated by the Blumel

family? We would suggest that car dealerships stimulate the local economy, foster

employment and provide other public goods. Why are they being pushed out from

the Trans Canada Highway?

C. Official Community Plan (“OCP”)

The City's Official Community Plan specifically contemplates the siting of car

dealerships along the Trans Canada corridor.

For example, page 106 references that:

“When car dealerships are redeveloped, the building should

be brought forward, with a maximum of a single row of

vehicles perpendicular along the frontage”

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Such references make no sense if the city banishes dealerships through rezoning,such as is being contemplated by the proposed bylaw. Indeed, the proposedbylaw is inconsistent with the OCP, which clearly contemplates auto dealerships.

in addition, the University Village Sustainable Local Area Plan (“LAP”) providesthat “no new dealerships" will be permitted, but it does NOT say the existingdealerships willbe pushed out or zoned out of existence.

.Site Specific Exemption

The City has permitted Site Specific Exemptions to various businesses which areadversely affected by the new zoning bylaw.

These site specific exemptions allow the general zoning change, but soften it byexempting certain existing businesses from its application.

Examples of site specific exemptions contained in the proposed bylaw include:

Page 37 (section 5.5)

- 462 Duncan Street (Automotive Repair)

Page 40 (Section 5.10)

- 1006 Government Street (Gas Station)

- 1007 Canada Ave (Gas Station)

- 71 Trunk Road (Car Wash)

See Exhibit C

We would respectfully submit that Todd Blumel’s Lands comprising of BowMelChrysler and Nissan of Duncan both receive similar site-specific exemptions tothose given to others.

This would allow the City to exclude dealerships in the HCC area while preventingthe injustice of rezoning, so no existing long term business is forced into a positionof being non-conforming.

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lV LEGAL NON-CONFORMING

A. What does legal non-conforming mean?

When Todd Blumel inquired about the zoning change he was told by Cityadministration “not to worry, the changes would not affect him” as he wasprotected by the designation “Legal Non-Conforming”. This is not true.

The designation that lands are ‘‘legal non-conforming” means that, while they donot comply with the new bylaws, use is allowed to continue, subject to a numberof exemptions.

B. Limitations to Legal Non-Conforming Under the Local GovernmentAct

1. Alterations to non-conforming lands are Restricted

“Subject to this section, a structural alteration or additionmust not be made in or to a building or other structurewhile a non-conforming use is continued in all or any partof it...”(Section 531 of the Local Government Act)

Businesses are organic entities and their needs change. But significantrestrictions are placed on non-conforming buildings and land, that make itdifficult to make alterations to them. Ultimately this makes it impractical toutilize them on the long term.

2. Expansion to non-conforming lands is prohibited

"A building or other structure or spaces to whichsubsection (1) applies may be maintained, extended oraltered only to the extent that (a) the repair, extension oralteration would, when completed, involve no furthercontravention of the bylaw than that existing at the time therepair, extension or alteration was started...”

‘’In relation to /and, section 528 [non-conforming uses]does not authorize the non-conforming use of land to becontinued on a scale or to an extent or degree greater thanthat at the time of the adoption of the /and use regulationbylaw.”(Section 529(2) and 530 of the Local Government Act)

The Act prohibits expansion of the use of non-conforming lands, making itprohibitive to use the lands for related business purposes that are irrelevant tothe major business

3. Fire, Damage and Rebuilding

‘‘Ifa building or other structure, the use of which does notconform to the provisions of a land use regulation bylaw, is

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.Practical Problems with Legal Non-Conforming Designation

These include:

damaged or destroyed to the extent of 75% or more of itsvalue above its foundations, as determined by the buildinginspector, the structure must not be repaired orreconstructed except for a conforming use in accordancewith the bylaw. ”

(Section532 of the Local GovernmentAct)

If the building is destroyed to 75%, the land can no longer be used as adealership. This makes it both more difficult and more expensive to insure thebuildings as any coverage would have to include the purchase of new lands,the disruption of the business while a new location for the facilities is beingsourced and constructed and the loss of goodwill associated with the location.

4. Non-Conforming Use Expires

‘‘Ifa non-conforming use authorized under subsection (1)is discontinued for a continuous period of 6 months, anysubsequent use of the land, building or other structurebecomes subject to the land use regulation bylaw.”(Section 528 (2) of the Local Government Act)

Any discontinuation of the use of the lands for 6 months or more means thatthe status of legal non-conforming is lost and the land can no longer be usedas a car dealership. For example, if a tenant moves out and a new one cannotbe found for 6 consecutive months, the Lands would cease to be useable as adealership. Such a time period is a real risk.

Please see Exhibit D for relevant sections of the Local Government Act. Inaddition, please see the opinion letter from Ramsay Lampman Rhodes, Barristersand Solicitors, with respect to legal problems of non-conforming uses, which isenclosed as Exhibit E.

In addition to the problems or limitations under the Local Government Act, thereare significant practical problems with the legal non-conforming designation.

1. Difficult to Obtain Bank Financing

As can been seen by the Legal Titles set out in Exhibit A, the Lands aremortgaged to lsland Saving Credit Union. These mortgages become due everyfew years. But it is difficult to obtain financing on lands that are legal non-conforming as the financial institutions (rightly) see such lands as inherentlymore risky.

Please see Exhibit F, which is correspondence from Todd Blumel’s bankconfirming the forgoing.

2. More Difficult and Expensive to Insure

See above discussion under Fire, Damage and Rebuilding

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A letter from a local insurer confirming that business insurance will be affectedby legal non-conforming designation is attached as Exhibit G.

. Lands more difficult to sell and their value is substantially reduced

Both the Lands occupied by BowMe| and Nissan have purpose built buildings

which are specific to the car industry and not useful in other industries. Both

parcels have been substantially upgraded and improved in the last nine years.The cost of these renovations are in the millions and were financed by banklending.

It is often the case that the value of the Lands are adversely affected by legalnon-conforming status in cases where the highest use of the Lands (as in this

case) is non-conforming.

. Business is more difficult to sell and its value is substantially reduced

In addition to detracting from the value of the Lands, the legal non-conforming

status also detracts from the value of the business itself and makes it more

difficult to sell as Purchasers are reluctant to buy a businesses whose life span

at their existing location is limited or at risk. At a minimum it makes it very

difficult to recoup the cost of recent substantial building upgrades.

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V CONCLUSION

In conclusion the elimination of car dealerships from the proposed zoning changeto HCC have a substantial detrimental effect on the existing long standing

business on these Lands.

An easy means to minimize this detrimental effect is available by granting a site-specific exemption to the Lands.

We make this submission in request that Council either:

a) adds the “car dealerships” back into the HCC zoning; or

b) grants the Lands a site-specific exemption.

Thank you for your time and consideration.

Sincerely

Todd and Leslie Blumel

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EXHIBITA

12

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,/-=\,

TITLESEARCHPRINT2017-11-23, 11:59:38

File Reference: G00016—005Requestor: Ann Yelland

**CURRENTINFORMATIONONLY- NO CANCELLEDINFORMATIONSHOWN**

Title Issued Under SECTION98 LANDTITLEACT

Land Title District VICTORIA

LandTitle Of?ce VICTORIA

Title Number EF8597

From Title Number P108765P108766P108767

Application Received 1992-01-24

Application Entered 1992-O2-04

Registered Owner in Fee Simple

RegisteredOwner/MailingAddress: LITTLEEAGLEHOLDINGSLTD., INC.NO.259408

170 CRAIGSTREET1

DUNCAN,BCV9L1W1

Taxation Authority Duncan, The Corporationof the City of

Description of LandParcelIdenti?er: 017-658-489

Legal Description:LOT1, SECTION17, RANGE6, QUAMICHANDISTRICT,PLANVIP53706

Legal NotationsTHISTITLEMAYBEAFFECTEDBYA PERMITUNDERPART26 OFTHELOCAL

GOVERNMENTACT, SEEFB465466

THISTITLEMAYBEAFFECTEDBYA PERMITUNDERPART26 OFTHELOCAL

GOVERNMENTACT,SEEFB467372

Charges, Liens and InterestsNature:

MORTGAGE

RegistrationNumber: CA247464

RegistrationDate and Time: 2006-07-1014:41

RegisteredOwner: ISLANDSAVINGSCREDITUNION

Remarks: INTERALIA

TitleNumber:EF8597TITLESEARCHPRINT

Page 1 of 2 of 47

TITLESEARCHPRINT

FileReference: G00016-005

Nature:RegistrationNumber:RegistrationDate and Time:RegisteredOwner:Remarks:



Nature:RegistrationNumber:RegistrationDate and Time:

- RegisteredOwner:

Remarks:

Nature:RegistrationNumber:RegistrationDate and Time:RegisteredOwner:

Remarks:

Duplicate IndefeasibleTitle

Transfers

Pending Applications

TitleNumber:EFBS97

ASSIGNMENTOF RENTSCA2474652006-07-1014:41ISLANDSAVINGSCREDITUNION

INTERALIA

MORTGAGECA2474682006-07-1014:41ISLANDSAVINGSCREDITUNION

INTERALIAEXTENSIONOF EV100209




INCORPORATIONNO. F129

INTERALIA


INCORPORATIONNO. FI 29

INTERALIA

NONEOUTSTANDING

NONE

NONE

TITLESEARCHPRINT

2017-11-23, 11:59:38

Requestor: AnnYelland

Page 2 of 2 of 47

2017-11-23, 12:00:24

TITLESEARCHPRINT Requestor: AnnYelland

FileReference: G000I6-005‘claredValue $18SOSOO

**CURRENTINFORMATIONONLY- NOCANCELLEDINFORMATIONSHOWN**



Title Number CA3212830

From Title Number R74935


Application Entered 2013-07-08

Registered Owner in Fee Simpie

RegisteredOwner/MailingAddress: MARNETIEHOLDINGSLTD., INC.NO.BC0908272

921 H CANADAAVENUEDUNCAN,BRITISHCOLUMBIAV9L1V2


Description of LandParcelIdenti?er: T

005-015-073

Legal NotationsTHISTITLEMAYBEAFFECTEDBYA PERMITUNDERPART26 OF THEMUNICIPAL

ACT, SEEEP1-4342







THISTITLEMAYBEAFFECTEDBYA PERMITUNDERPART14 OF THELOCAL

GOVERNMENTACT, SEEWX2040040

TitleNumber:CA321283OTITLESEARCHPRINT

Page 1 of 2 of 47

TITLE SEARCHPRINT

FileReference: 600016-005‘claredValue $1850500

Charges, Liens and InterestsNature:RegistrationNumber:RegistrationDate and Time:RegisteredOwner:


Duplicate IndefeasibleTitle

Transfers


TitleNumber:CA3212830

MORTGAGECA32130842013-07-0215:33ISLANDSAVINGSCREDITUNIONINCORPORATIONNO. F129

ASSIGNMENTOF RENTSCA3213085

1

2013-07-0215:33ISLANDSAVINGSCREDITUNIONINCORPORATIONNO. F129

NONEOUTSTANDING

NONE

NONE

TITLESEARCHPRINT

2017-11-23, 12:00:24

Requestor: Ann Yelland

Page 2 of 2 of 47

TITLESEARCHPRINT2017-11-23, 12:00:59

FileReference: G00016—005Requestor: AnnYelland

**CURRENTINFORMATIONONLY- NO CANCELLEDINFORMATIONSHOWN**

Title Issued Under SECTION98 LANDTITLEACT


LandTitle Office VICTORIA

Title Number FB2015

From Title Number EF8596EV100208EW134511


Application Entered 2007-01-12

Registered Owner in Fee SimpleRegistered Owner/MailingAddress: LITTLEEAGLEHOLDINGSLTD., INC.NO.259408

461 TRANSCANADAHIGHWAYDUNCAN,BCV9L3R7


Description of LandParcelIdenti?er: 026-937-905Legal Description:

Legal NotationsTHISTITLEMAYBEAFFECTEDBYA PERMITUNDERPART26 OF THELOCAL

GOVERNMENTACT, SEE FB121473

THIS TITLEMAYBEAFFECTEDBYA PERMITUNDERPART26 OF THELOCAL

GOVERNMENTACT, SEEFB12836

THISTITLEMAYBEAFFECTEDBYA PERMITUNDERPART26 OF THELOCAL

GOVERNMENTACT, SEE FB12837

Title Number:FB201S TITLESEARCHPRINT Page 1 of 3 of 47

TITLESEARCHPRINT

File Reference: G00016—005

barges, Liens and InterestsNature:RegistrationNumber:RegistrationDate and Time:RegisteredOwner:Remarks:





. Remarks:

Nature:RegistrationNumber:RegistrationDate and Time:

RegisteredOwner:

Remarks:


TitleNumber:FB2015

MORTGAGE_

EV1002092003-08-2910:37ISLANDSAVINGSCREDITUNION

EXTENDEDBYCA24302EXTENDEDBYCA247468

ASSIGNMENTOF RENTSEV1002102003-08-2910:37ISLANDSAVINGSCREDITUNION

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EXTENSIONOF EV100209


EXTENSIONOF EV100210


INTERALIA


INTERALIA



TITLESEARCHPRINT

2017-11-23, 12:00:59

Requestor: Ann Yeliand

Page 2 of 3 of 47

TITLESEARCHPRINT2017-11-231200259

I...

FileReference: G00016-005Requestor: Ann Yelland

Nature:ASSIGNMENTOF RENTS




Remarks: INTERALIAEXTENSIONOF EV10021O

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Remarks:GRANTINGCA247464PRIORITYOVEREV100209

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INCORPORATIONNO. FI 29

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Duplicate IndefeasibleTitle NONEOUTSTANDING

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Pending Applications NONE

TitleNumber:FB2015TITLESEARCHPRINT

Page 3 of 3 of 47

TITLE SEARCHPRINT

File Reference: GO0016-005

2017-11-23, 12:02:02

Requestor: Ann Yelland

**CURRENTINFORMATIONONLY- NOCANCELLEDINFORMATIONSHOWN**

Land Title District VIUORIA


Title Number FB265002

From Title Number J21016


ApplicationEntered 2009-05-12

Registered Owner in Fee SimpleRegisteredOwner/MailingAddress: CROWENTERPRISELTD.,INC.NO.C040879S

461 TRANSCANADAHIGHWAYDUNCAN,BCV9L3R7

Taxation Authority Duncan, The Corporation of the City of

escription of LandParcelIdenti?er:Legal Description:

LOT1, SECTION17, RANGE6, QUAMICHANDISTRICT,PLAN29603

001-378-937

Legal NotationsNOTICEOF AGREEMENTUNDERTHECONDITIONALSALESACTFILED09.11.79

UNDERH98896

Charges, Liens and InterestsNature: MORTGAGERegistrationNumber: CA247466

Registration Date and Time: 2006-07-1014:41


Nature: ASSIGNMENTOF RENTS




TitleNumber:FB265002 TITLESEARCHPRINTPage 1 of 2

of 47

TITLESEARCHPRINT

‘FileReference:G00016—O0S



Duplicate IndefeasibieTitle

Transfers


Title Number:FB265002 -


INCORPORATIONNO. F129

ASSIGNMENTOF RENTSCA32130892013-07-0215:33ISLANDSAVINGSCREDITUNIONINCORPORATIONNO. F129

NONEOUTSTANDING

NONE

NONE

TITLESEARCHPRINT

2017-11-23, 12:02:02

Requestor: AnnYeiland

Page 2 of 2 of 47

EXHIBITB

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COMMERCIALZ0 NES

MaximumHeigh 4 m

Front 15 m

MinimumParcel Rear 0 m

LineSetback Side, Interior 0 m

Side, Exterior 5 m

5.4 Subdivision Regulations

5.4.1 Subdivisionin the DTCzone is subject to the following:

MinimumRarcelAreaMinimumParcelFrontage’

M/_(,..« __\

5.5

4l6k2(DuncanStreet — Lot3, Block1, Section17, Range 6,

AutomotiveRepairShop QuamichanDistrict — Plan 854

Commercial Zones — Downtown Comprehensive Page 37

Cityof Duncan Zoning BylawNo. 3166Part5 I

of 47

5.9

COMMERCIALZONES

Subdivision Regulations

5.9.1 Subdivisionin the NCzone is subject to the following:

,/ 9,,»

5 10 Site Specific Uses

*,°,Jf}.¥ ,7-.x~L-.<_.._,

MinimumParcelArea 600 m2Minimum Pa;cd,?o?ag '‘‘'‘‘‘*~~«..___

. /,./"

5.10.1 The following uses shall be permittedon a site—speci?cbasis 0

Automotive Fueling Station

A 10'06(G'o\l/ernmentStreet — Plan 17859 — Parcel A, Range 5,

QuamichanDistrict,

AutomotiveFuelingStation and

Car Wash

1007 Canada Avenue — PLANVIP6745 — Parcel 2 Plan VIP6745

Section 19 Range 6 LandDistrict45 Except Plan 22556

Car Wash 71 Trunk Road ~ Lot A, Plan 2070

Part5 I CommercialZones — Neighbourhood Commercial Page 40

Cityof Duncan Zoning BylawNo. 3166

>l:>l<V=l<~

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EXHIBITD

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as established by the bylaw;

(c) a use, or a building or other structure, existing at the time of the adoption of a bylaw under this

section.

(7) If money is received by a municipality or regional district under subsection (2), the municipality or regional

district must

(a) establish a reserve fund for the purpose of providing

(i) new and existing off—street parking spaces, or

(ii) transportation infrastructure that supports walking, bicycling, public transit or other

alternative forms of transportation, and

(b) place the money to the credit of the reserve fund.

(8) If reserve funds are established for both the purpose of subsection (7) (a) (i) and the purpose of subsection

(7) (a) (ii), the reserve funds must be separate.

(9) Before June 30 in each year, a local government must prepare and consider a report respecting the

previous year in relation to the reserve funds required under this section, including the following information

separately for each of the purposes established under subsection (7):

(a) the amounts received under subsection (2) in the applicable year;

(b) the expenditures from the reserve funds in the applicable year;

(c) the balance in the reserve funds at the start and at the end of the applicable year;

(cl) the projected timeline for future projects to be funded from the reserve funds.

(10) The local government must make a report undersubsection (9) available to the public from the time it

considers the report until June 30 in the following year.

Regulation of signs

526 (1) Subject to the Transportation Act and section 135 of the Motor Vehicle Act, a local government may, by

bylaw, regulate the number, size, type, form, appearance and location of any signs.

(2) A bylaw under subsection (1) may make different provisions for one or more of the following:

(a) different zones;

(b) different uses within a zone;

(c) different classes of highways.

(3) The power in subsection (1) to regulate includes the power to prohibit, except that a sign that is located on

a parcel and relates to or identifies a use on that parcel must not be prohibited.

Screening and landscaping to mask or separate uses

527 (1) A local government may, by bylaw, require, set standards for and regulate the provision of screening or

landscaping for one or more of the following purposes:

(a) masking or separating uses;

(b) preserving, protecting, restoring and enhancing the natural environment;

(c) preventing hazardous conditions.

(2) A bylaw under subsection (1) may set different requirements, standards and regulations for one or more of

the following:



(c) different locations within a zone.

Division 14 — Non-conforming Use and Other Continuations

Non-conforming uses: authority to continue use

528 (1) Subject to this section, if, at the time a land use regulation bylaw is adopted,

(A) lanrl nr 2 hiiilrlinn nr nthpr striirtiirp tn whirh that hvlaw annlisns is law?illv used and

of 47

\...,.. am...» $11 »...u. V. v. ....n.....:,.. V. v...... .,....-u-_.\...«

as established by the bylaw;

(c) a use, or a building or other structure, existing at the time of the adoption of a bylaw under this

section.

(7) If money is received by a municipality or regional district under subsection (2), the municipality or regional

district must

(a) establish a reserve fund for the purpose of providing

(i) new and existing off-street parking spaces, or

(ii) transportation infrastructure that supports walking, bicycling, public transit or other

alternative forms of transportation, and

(b) place the money to the credit of the reserve fund.

(8) If reserve funds are established for both the purpose of subsection (7) (a) (i) and the purpose of subsection

(7) (a) (ii), the reserve funds must be separate.

(9) Before June 30 in each year, a local government must prepare and consider a report respecting the

previous year in relation to the reserve funds required under this section, including the following information

separately for each of the purposes established under subsection (7):

(a) the amounts received under subsection (2) in the applicable year;

(b) the expenditures from the reserve funds in the applicable year;

(c) the balance in the reserve funds at the start and at the end of the applicable year;

(d) the projected timeline for future projects to be funded from the reserve funds.

(10) The local government must make a report under subsection (9) available to the public from the time it

considers the report until June 30 in the following year.

Regulation of signs

526 (1) Subject to the (Transportation Act and section 135 of the Motor Vehicle Act, a local government may, by

bylaw, regulate the number, size, type, form, appearance and location of any signs.

(2) A bylaw under subsection (1) may make different provisions for one or more of the following:



(c) different classes of highways.

(3) The power in subsection (1) to regulate includes the power to prohibit, except that a sign that is located on

a parcel and relates to or identifies a use on that parcel must not be prohibited.

Screening and landscaping to mask or separate uses

527 (1) A local government may, by bylaw, require, set standards for and regulate the provision of screening or

landscaping for one or more of the following purposes:

(a) masking or separating uses;

(b) preserving, protecting, restoring and enhancing the natural environment;

(c) preventing hazardous conditions.

(2) A bylaw under subsection (1) may set different requirements, standards and regulations for one or more of

the following:



(c) different locations within a zone.

Division 14 — Non-conforming Use and Other Continuations

Non-conforming uses: authority to continue use

528 (1) Subject to this section, if, at the time a land use regulation bylaw is adopted,

(3) lanrl nr Fl hiiilrlinn nr nther striirtiirn tn which that hvlaw annlirac is lawfiillv iicerl and

of 47

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(b) the use does not conform to the bylaw,

the use may be continued as a non—conforming use.

(2) If a non—conforming use authorized under subsection (1) is discontinuedfor a continuous period of 6

months, any subsequent use of the land, building or other structure becomes subject to the land use regulation

bylaw.

(3) The use of land, a building or other structure, for seasonal uses or for agricultural purposes, is not

discontinuedas a result of normal seasonal or agricultural practices, including

(a) seasonal, market or production cycles,

(b) the control of disease or pests, or

(c) the repair, replacement or installation of equipment to meet standards for the health or safety of

people or animals.

(4) A building or other structure that is lawfully under construction at the time of the adoption of a land use

regulation bylaw is deemed, for the purpose of this section,

(a) to be a building or other structure existing at that time, and

(b) to be then in use for its intended purpose as determined from the building permit authorizing its

construction.

(5) If subsection (1) authorizes a non~conforming use of part of a building or other structure to continue, the

whole of that building or other structure may be used for that non—conforming use.

Non-conforming structures: restrictions on maintenance, extension and alteration

529 (1) If the use and density of buildings and other structures conform to a land use regulation bylaw but

(a) the siting, size or dimensions of a building or other structure constructed before the bylaw was

adopted does not conform with the bylaw, or

(b) the siting, size, dimensions or number of off-street parking or loading spaces constructed or

provided before the bylaw was adopted does not conform with the bylaw,

the building or other structure or spaces may be maintained, extended or altered to the extent authorized by

subsection (2).

(2) A building or other structure or spaces to which subsection (1) applies may be maintained, extended or

altered only to the extent that

(a) the repair, extension or alteration would, when completed, involve no further contravention of the

bylaw than that existing at the time the repair, extension or alteration was started, and

(b) in the case of protected heritage property, the repair, extension or alteration is permitted or

authorized in accordance with the provisions governing the heritage protection of the property.

Restrictions on increasing non-conforming use of land

530 In relation to land, section 528 [non—conforminguses] does not authorize the non—conforming use of land to be

continued on a scale or to an extent or degree greater than that at the time of the adoption of the land use

regulation bylaw.

Restrictions on alteration or addition to building or other structure

531 (1) Subject to this section, a structural alteration or addition must not be made in or to a building or other

structure while a non—conforming use is continued in all or any part of it.

(2) Subsec ' n)(%_oe(notprohi:::‘a strufalalter ' or additio at is rpg?ittéd?ao ' n r' 42 ( r/t or varian .

hardship].

(3) $w%:ctm.n{'i p:lyto alterg’ns or a;¥;uionsJn geproperty if the

alte.i:/at-i?radditi ' uth ' y' on permit under section 617.

Restrictions on repair or reconstruction of non-conforming structures

nrhpr QTl‘l|(‘l'l|l‘P the use of which rlmac nnt rnnfnrm tn the nrm/isinnc mi‘2 land use rennlatinn

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(b) the use does not conform to the bylaw,


(2) If a non—conforming use authorized under subsection (1) is discontinued for a continuous period of 6


bylaw.

(3) The use of land, a building or other structure, for seasonal uses or for agricultural purposes, is not

discontinuedas a result of normal seasonal or agricultural practices, including

(a) seasonal, market or production cycles,

(b) the control of disease or pests, or

(c) the repair, replacement or installation of equipment to meet standards for the health or safety of

people or animals.

(4) A building or other structure that is lawfully under construction at the time of the adoption of a land use

regulation bylaw is deemed, for the purpose of this section,

(a) to be a building or other structure existing at that time, and

(b) to be then in use for its intended purpose as determined from the building permit authorizing its

construction.

(5) If subsection (1) authorizes a non—conforming use of part of a building or other structure to continue, the

whole of that building or other structure may be used for that non—conforming use.

Non-conforming structures: restrictions on maintenance, extension and alteration

529 (1) If the use and density of buildings and other structures conform to a land useregulation bylaw but

(a) the siting, size or dimensions of a building or other structure constructed before the bylaw was

adopted does not conform with the bylaw, or

(b) the siting, size, dimensions or number of off—street parking or loading spaces constructed or

provided before the bylaw was adopted does not conform with the bylaw,

the building or other structure or spaces may be maintained, extended or altered to the extent authorized by

subsection (2).

(2) A building or other structure or spaces to which subsection (1) applies may be maintained, extended or

altered only to the extent that

(a) the repair, extension or alteration would, when completed, involve no further contravention of the

bylaw than that existing at the time the repair, extension or alteration was started, and

(b) in the case of protected heritage property, the repair, extension or alteration is permitted or

authorized in accordance withthe provisions governing the heritage protection of the property.

Restrictions on increasing non-conforming use of land

530 In relation to land, section 528 [non—conforminguses] does not authorize the non—conforming use of land to be

continued on a scale or to an extent or degree greater than that at the time of the adoption of the land use

regulation bylaw.

Restrictions on alteration or addition to building or other structure

531 (1) Subject to this section, a structural alteration or addition must not be made in or to a building or other

structure while a non—conforming use is continued in all or any part of it.

(2) Subsec ' n not prohi ‘ al altera ' or additio at is rpg?ittedi/6—ao d of‘ nee-u-n r

‘ 42 ( r/t or varian

hardship].

(3) S%‘s{rtion%1ly to alte;,at—ionsor agggionsig %ge property if the

altétk? additi ' utho ' y' on permit under section 617.

Restrictions on repair or reconstruction of non-conforming structures

nl-hpr Ql“I"||f‘l'l|i‘P l'l1PlI§P of which dmaq nnt rnnfnrm tn the nrmlisinns nf a land use l"Pf‘llIl2l'l?l’)

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bylaw, is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined

by the building inspector, the structure must not be repaired or reconstructedexcept for a conforming use in

accordance with the bylaw.

(2) If the use of a building or other structure that is on land identifiedin a phased development agreement

under Division 12 [Phased Development Agreements] complies with a zoning bylaw provision specified under

section 516 (2) [zoning rules for /and subject to the agreement] for the phased development agreement,

subsection (1) of this section does not apply to the building or other structure while the phased development

agreement is in effect, unless

~, AI.. ..............5

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(a) the provision has been repealed or amended, and

(b) either

(i) the developer has agreed in writing under se

bylaw apply, or

(ii) the changes to the zonin

of the developer.

(3) Subsection (1) does not apply to repair or reconstructionof a protected heritage property if the repair or

reconstructionis authorizedby a heritage alteration permit under section 617.

ction 516 (S) that the changes to the zoning

g bylaw apply under section 516 (6) without the written agreement

Non-conforming uses in relation to terminated land use contracts

533 (1) In this section:in relation to a land use contract, the date of termination under

"contract termination date" means,48 [early termination of land use

section 547 [termination of all remaining /and use contracts] or 5

contract], as applicable;

"end of land use contract authority" means, in relation to a land use contract, the later of the following:

(a) the contract termination date;

43 [board of variance exemption to relieve hardship from early

(b) if an order under section 5the period of time specified in the order.

termination] is made in respect of the land, the expiry of

(2) Subject to this section, if, at the end of land use contract authority,

(a) land, or a building or other structure, is lawfully used, and

(b) the use does not conform to a land use regulation bylaw that

(i) is in force at the end of land use contract authority, and

(ii) would not apply to the land, building or other structure but for the end of the land use

contract authority,

the use may be continuedas a non—conforming use.

ng use authorizedunder subsection (2) is discontinuedfor a continuous period of 6

(3) If the non-conformit use of the land, building or other structure becomes subject to the land use regulation

months, any subsequen

bylaw.

(4) The following provisions apply in r

(a) section 528 (3) to (5) [non—conforminguses in relation to new /and use regulation rules];elation to a use describedin subsection (2):

(b) section 529 [non—conformingstructures];

(c) section 530 [restrictions on increasing non—conforming use of /and];

(ti) section 531 [restrictions an alteration or addition];

(e) section 532 [restrictions on repair or reconstruction].

(5) For the purposes of subsection (4), a reference in a provision referred to in that subsection to the adoption

of a bylaw is to be read as a reference to the applicable end of contract authority.

Change in ownership, tenants or occupants in relation to use

534 For the purposesof this Division, a change of owners, tenants or occupants of any land, or of a building or

other structure, does not, by reason only of the change, affect the use of the land or building or other

structure.

of 47

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bylaw, is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined

by the building inspector, the structure must not be repaired or reconstructedexcept for a conforming use in

accordance with the bylaw.

(2) If the use of a building or other structure that is on land identified in a phased development agreement

under Division 12 [Phased Development Agreements] complies with a zoning bylaw provision specified under

section 516 (2) [zoning rules for land subject to the agreement] for the phased development agreement,

subsection (1) of this section does not apply to the building or other structure while the phased development

agreement is in effect, unless

(a) the provision has been repealed or amended, and

(b) either

(i) the developer has agreed in writing under section 516 (S) that the changes to the zoning

bylaw apply, or

(ii) the changes to the zoning bylaw apply under section 516 (6) without the written agreement

of the developer.

(3) Subsection (1) does not apply to repair or reconstruction of a protected heritage property if the repair or

reconstructionis authorizedby a heritage alteration permit under section 617.

Non-conforming uses in relation to terminated land use contracts

533 (1) In this section:

"contract termination date" means, in relation to a land use contract, the date of termination under

section 547 [termination of all remaining /and use contracts] or 548 [early termination of land use

contract], as applicable;

"end of land use contract authority" means, in relation to a land use contract, the later of the following:

(a) the contract termination date;

(b) if an order under section 543 [board of variance exemption to relieve hardship from early

termination] is made in respect of the land, the expiry of the period of time specified in the order.

(2) Subject to this section, if, at the end of land use contract authority,

(a) land, or a building or other structure, is lawfully used, and

(b) the use does not conform to a land use regulation bylaw that

(i) is in force at the end of land use contract authority, and

(ii) would not apply to the land, building or other structure but for the end of the land use

contract authority,


(3) If the non—conforming use authorized under subsection (2) is discontinuedfor a continuous period of 6


bylaw.

(4) The following provisions apply in relation to a use described in subsection (2):

(a) section 528 (3) to (S) [non-conforming uses in relation to new land use regulation rules];

(b) section 529 [non-conforming structures];

(c) section 530 [restrictions on increasing non—conforming use of land];

(d) section 531 [restrictions on alteration or addition];

(e) section 532 [restrictions on repair or reconstruction].

(S) For the purposes of subsection (4), a reference in a provision referred to in that subsection to the adoption

of a bylaw is to be read as a reference to the applicable end of contract authority.

Change in ownership, tenants or occupants in relation to use

534 For the purposes of this Division, a change of owners, tenants or occupants of any land, or of a building or

other structure, does not, by reason only of the change, affect the use of the land or building or other

structu re.

of 47

.7.

_-,.._.,....._, _.-,....._ -..4.,...-.-..

... . _..._._.. -- _—

535 (1) If the use of land or the siting of existing buildings and other structures on the land ceases, as a result of

expropriation of land, to conform to a land use regulation bylaw, the remainder of the property is deemed to

conform.

(2) Subsection (1) does not apply if compensation was paid to the owner or occupant of the land in an amount

that is directly attributable to the loss, if any, suffered by the owner or occupant as a result of the non~

conformity.

(3) If, as a result of an expropriation,

(a) a parcel of land could have been subdivided into 2 or more parcels under the applicable zoning

bylaw in effect when the land expropriated was vested in the expropriating authority, and

(b) the parcel, as a result of the expropriation, can no longer be subdivided into the same number of

parcels,

the parcel is, to the extent authorized under subsection (4), deemed to conform to the applicable zoning bylaw

for the purposes of the subdivision as though the expropriation had not occurred.

(4) The deemed conformance under subsection (3) applies only to the extent that none of the parcels that

would be created by the subdivision would be less than 90% of the area that would otherwise be permitted by

the applicable zoning bylaw.

(5) Subsection (3) does not apply if the owner of the parcel being subdivided has received compensation that is

directly attributable to the reduction in the market value of the land that results from the inability to subdivide

the parcel in the manner that would have been permitted under the applicable zoning bylaw.

Division 15 — Board of Variance

Requirement for board of variance

536 (1) A local government that has adopted a zoning bylaw must, by bylaw, establish a board of variance.

(2) A person is not eligible to be appointed to a board of variance if the person is

(a) a member of the local government or the advisory planning commission, or

(b) an officer or employee of the local government.

(3) Subject to subsections (4) and (5) and to the rules established under section 538 (2) (b) (i) [rules forjoint

board of variance], an appointment to a board of variance is for a 3 year period.

(4) If no successor has been appointed at the end of the 3 year period referred to in subsection (3), the

appointment continues until the time that a successor is appointed.

(5) A local government may rescind an appointment to a board of variance at any time.

(6) If a member of a board of variance ceases to hold office, the person's successor is to be appointed in the

same manner as the member who ceased to hold office, and, until the appointment of the successor, the

remaining members constitute the board of variance.

(7) Members of a board of variance must not receive compensation for their services as members, but must be

paid reasonable and necessary expenses that arise directly out of the performance of their duties.

(8) A local government must provide in its annual budget for the necessary funds to pay for the costs of the

board of variance.

Board of variance for municipality or regional district

537 (1) If the population of a municipality is 25 000 or less, the municipal board of variance is to consist of 3

persons appointed by the council.

(2) If the population of a municipality is more than 25 000, the municipal board of variance is to consist of 5

persons appointed by the council.

(3) A regional district board of variance is to consist of 3 persons appointed by the board.

(4) The board of a regional district may establish one or more boards of variance for the regional district, but, if

more than one board of variance is established, the bylaw establishing them must specify the area of the

regional district over which each board of variance has jurisdiction and those areas must not overlap. of 47

EXHIBITE

of 47

RAMSAY LAMPMANRHODESD. FEIER RAMSAY, Q.C. RICHARDN. RHODES" DAVIDR. EROOKS"

1PEIERC.P. BENIE.QC." DEREKKS. JONSON" MICHAELWASSERMANN"

STEPHENM<PHEE.QC." JENNIFERMILLBANK“ NICOLEE. SMITH"

DONNAL. KYDD" MARTINW. IIOHLER.cu CHELSEA0. WILSON

,_,

DVLANM. KOILICK LISAM. LOW SARAHBETHHUICMISON

'

V

ESIHERL. ROBSON IHOMAS SENECAL SHERIDANKING

AiS$lCIA1E_CQl.lM§£I. EEIIBED.

LAW YER8 JOHN W.HORN.Q.C. JONATHANw. LAMPMAN

ADAMde TURBERVILLE“ JAMESA. VANSIONE. Q.C.ERIC JOHNMOSLEY "LAW CORPORATION

[email protected] 1

OURFILE: D0590

REPLYATTENTION: JenniferMillbank1

,. .

1EMAIL [email protected]

1,

.~

REP” T0‘ Nanaimo Office

November27, 20171

1i11Todd Blurnel i

c/o Bow-MelChryslerLtd.461 Trans CanadaHighwayDuncan, BCV9L 3R7

Dear Sir:

RE: Bow-MelChryglerLtd. / Contract

You have asked for opinion about the general effect of a designation as a lawful non-

conforming use. I havelsuccessfully litigateda numberof municipallaw cases, most recently RDN

v. Andersen, 2016 BCSC1747 in whichthe Regional District of Nanaimounsuccessfully sought

an injunctionagainstmy client for breachesof the zoning bylaw. I have also speci?callylitigated

the issue of lawfulnon-conforming use on a numberof occasionsand note that this issue is one of

the most often litigatedissues in municipallaw.1

I can advisethat a designationas a lawfulnon-conforming use is not the sameas compliantzoning.

Such a designationcomes with a numberof very seriousrepercussionsand limitations.It is often

akin to a slow death forabusiness owner, as future activitiesare drastically curtailedandbusiness

stability is entirely removed.These limitationsare embeddeddirectly into the statutory section

whichcodi?es lawfulrion—conforminguses, s. 528 of the Local GovernmentAct(et seq.), andthey

are at the heart of a lawfulnon-conforming use designation.

The case law on this;concept states repeatedly that the purpose of the non—conforminguse

designation is to protectthe status quo. Sucha designationeffectively creates a legal andpractical

“snapshot”at the time at the zoning bylaw was passed,and permitsthe now non-compliant“use”

to exist in that form only. I will note that the concept is complicatedand there are a number of

nuances, but the basic principleis as I have stated above. When compared to zoning compliance,

which creates a robustproperty right, lawfulnon-conforming use is extremely restrictive. It also

makes it difficult and risky to diversify business, shouldthe need or opportunityarise, because a

“new” product line or‘ ervice may not be withinthe non-conforming use “snapshot”and may run

afoul of the statutory sections.

Nanaimo Office: 111I/VallaceStreet, P.O. Box 667, Nanaimo. BC VQR 5L9Tel: 250-754-3321Fax: 250-754-1148

Port AlberniOffice: 3290 Thir Avenue, Port Alberni, BC VQY4E1 Tel: 250-724-1275Fax: 250-724-7200Toll Free: 1-877-724-1275 of 47

RAMSAYLAMPMANRHODESPagez

A designation as a lawfulnon-conforming use can effectively prevent growth, expansion,or

signi?cant business development. The businessis likely no longer legally permittedto do any of

these things or, at a minimum, the lawfulnessof such a step wouldbe uncertain.Withoutthe

ability to grow and expand,businessand employmentopportunitiesmay stagnate andeventually

decline. For example, the case CowichanValley v. CowichanValley Gun Club, 1994, BCSC, a

gun club, whichwas lawfulnon~conforming, addednew buildings and increasedtheir use of the

property as a shooting range. The court orderedthat their lawfulnon-conforming status meant that

they had to scaleback their operationsto the level that they were at when the zoning bylawwas

changed.

This means that upgrades and renovationsbecome uncertain endeavours and any new

entrepreneurialexercise also becomes risky, if not unsustainable.One recent case found that

upgradesandrenovationsresultedin a completeloss of the lawfulnon—conforminguse protection.

In this case, the buildings had been alteredto a degree that was impermissible,notwithstanding

the fact that the buildingswere actually improved.(Okanagan Similkameenv. Leach, 2012 63)

Fundamentally, a lawfulnon-conforrning designationmeans that it is assumedthat eventually the

property willlose its lawfulnon-conforming status andwillcome into compliancewiththe current

zoning. This is the wholepoint of the rezoning. The speci?c consequencesof a lawful non-

conforming use designationvariesfrom property to property, but, in general,property ownersare

reluctant to invest or grow their businessesbecause of the restrictionsandthe potentialuncertainty.

The consequencesof such a designationfor a property owner are signi?cant and it wouldnot be

accurate to characterizethis as being the equivalentof compliantzoning.

I am writing this letter to you withthe understanding that you may share it, or the informationin

it with others. It does notconstitutea waiver of privilegefor any otherpurpose.

Yours truly,

RAMSAY LAMPMANRHODES

Je fer Millbank

JM:kb

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EXHIBITF

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Monday, November27,2017 12:48 PM

Scott Ritter

Subject: Fwd:Financing Non-ConformingProperties

Date: Monday, November27,2017 at 12:44 PM

From: ToddBowMel<[email protected]>

To: Scott Ritter <[email protected]>

Take care

Todd

Sent from an iPhone

Begin forwardedmessage:

<From°Feliceloriod:”F‘[email protected]>Date:Noveimtb‘é*r‘”2T”’2o17at 12:22:19PM PST

"' <[email protected]>To: "‘ToddBlumel([email protected])Subject: Financing Non-ConformingProperties

lvlr.Blumel

r the conversationthis morning and advising of the recent changes

Thankyou fof, specificto zoning.

that you have been made aware o

if the property zoning deteriorates to a legallynon-conforming business it would

signi?cantlyimpact its ability to sell, rebrandand /or replace.

This untowardimpact

?nancing and furthermore may rep

mortgages held.

it willnegativelyimpact itsge occurs(C3 to HCC)

nt of a disaster and ability to raiseIfthe proposedzoning chanting ability in the eve

existing marketvalue, opera

capital.

r if l can be of further assistance.Let me know if you have any questions 0

Rega rds,

Page 1 of 1

of 47

EXHIBITG

18 of 47

QQAETAL CQEMMENEKY TOGETHER, LET’S DO

INSURANCESERVICES{Z087}ijm GREAT THWGS

November 27, 2017

Bow Mel Chrysler Ltd. & Little Eagle Holdings Ltd.

461 Trans Canada Highway

Duncan, BCV9L 3R7

Dear Todd:

Re: Commercial Policy No. TOS134

Regarding the zoning by—law change as proposed by the City of Duncan, a Legal Non-

Conforming Auto Dealership can still be insured and operated as is with no change to your

coverages or premiums. The policy does not include a “Same Site Clause”, so in the event

of a total loss the dealership and buildings can be rebuilt on a different site if required.

However, the issue may be more in the additional cost for the Business Interruption

Coverage as it could take up to 2 years to set up a dealership at a different location. The

current limit for Business Interruption is for 12 month, thus, you would need to purchase

additional coverage to extend that term to 24 months.

We appreciate your business and look forward to being of continued service.

Ken VillinesCoastal Community Insurance Services (2007) Ltd.

471T C d H‘ h,,

rarDSun::?1,3:'g way ‘"J,)recycled malarial

V9L3R7V

FSC° co1495s of 47

Judy Hill Gallery22 Station St. “‘ Duncan, BC "' V9L1M4

iudyhi|l@iudyhi||gaIlemcom ~ 250 745 5553

CITYOF DUNCANCity Hall, 200 Craig StreetDuncan BCB91.1W3

Re: Rezoning ofCorridor along Trans Canada Highway fromC3 to HCCZoning / EliminationofCarDealershipsfromZoning

Dear Mayor and Council:

I am writing this letter in support ofTodd Blumeland against any rezoning ofthe lands occupied bythe Chrysler and and Nissan Dealership along the Trans Canada Highway, which would result in suchlands becoming legal non conforming.

Bowmel Motors is a second generation family business that has been in the Duncan area foralmost?fty years. During this time they have made a remarkable impact on the community throughproviding economic development, jobs and supporting community groups, sports and charities.

Ifindit remarkable that the City would consider rezoning Todd's lands so that dealerships are nolonger permitted uses, especially given the contribution that these businesses have made to ourcommunity. I questionthe rational ofsuch changes, especially given that very similar uses likegarages, gas stations and car washes remain permitted.

I understand that the zoning bylaws have exempted certain specific businesses using site specificexemptions, but no such exemptions were provided to lands owned by Todd Blumel.

I consider it alarming that the Citywould consider rezoning lands owned by such a long standing

businessand make it into legal non conforming use. Such legal non conforming use will impact on thelong term viability of these businesses in their locations and is not in the public interest.

I urge Council to vote against such changes or grant a site specific exemption forTodd's lands so thatthese uses may continue, unabated.

Yours Sincerely,

Judy HillV

/'

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