Wednesday, September 15, 2010

West Kelowna council grapple with illegal suite issue

Bylaw adjustments passed third reading on Sept. 7 as West Kelowna council continued to hammer out its stance on illegal secondary suites. Several bylaws were on the table to be adjusted. The zoning bylaw allowed changes to off-street parking and loading regulations to allow an additional parking stall required for two-bedroom suites. Adjustment to a fees and charges bylaw would allow an annual registration fee, suite inspections and utility billing at a reduced rate for legal suites.

Coun. Rosalind Neis pointed out that concerns brought up during a public hearing on the issue largely addressed resident’s rights to have input on zoning regulations for their neighborhood. Neis said if a consultant’s report can be believed, West Kelowna has 1,500 to 2,000 illegal secondary suites. She asked how staff would see enforcement of fines taking place. “If we can’t enforce a policy, it seems silly to have a policy.” Neis said the whole intent of the process is to bring illegal suites out into the open so the safety issues of people are addressed.

Planning manager Nancy Henderson said staff did discuss enforcement options. She noted there are methods to investigate the existence of illegal suites if necessary, or staff can wait until complaints occur. Coun. Duane Ophus said it is obvious the district came to this point because the issue of secondary suites was ignored. The district has to worry about whether suites are habitable and safe, acceptable rental accommodation. “It’s not a situation this council would have wished for.” He added that the situation is not substantially different from that faced by any other city of similar size. Prohibition of secondary suites does not seem to make the problem go away. “What we have to do is try to come to grips with that reality.” Coun. Carol Zanon said council has spent a lot of time on the issue. She noted there has been no discussion about the infrastructure or the capacity of a neighborhood. “I know that I have to accept this and swallow a lot of it.”

Zanon asked that there be a review one year after putting the bylaws into effect to see if they are working. Coun. David Knowles said he supported the bylaw, along with Zanon’s suggestion of a one year review. Mayor Doug Findlater noted the district has been dealt a difficult situation inherited from the regional district. The issue of secondary suites has been debated several times, in a process taking place for more than a year. The district has hosted public hearings and put out surveys. Council took nine or 10 suites through the process of legalization, but the sheer volume of suites pointed to the need for a more sweeping policy. The emerging policy looks more favourably on those secondary suites where the owner occupies the home. “Having owners in the same house as a suite is probably a lot better than having a stand-alone house rented out,” said Findlater. “I’ve lived next to those and it’s a gong show.” He added that council also heard the additional need for parking requirements. “I don’t think council’s had a lot of options on this. We have to make the best of a difficult situation in this particular case.” The bylaw adjustments passed third reading, with the additional amendment of a review in 18 months time.

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