Regional District of Central Kootenay RURAL AFFAIRS COMMITTEE MEETING Open Meeting Agenda. RDCK Board Room, 202 Lakeside Dr.

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1 Regional District of Central Kootenay RURAL AFFAIRS COMMITTEE MEETING Open Meeting Agenda Date: Wednesday, September 19, 2018 Time: Location: 9:00 am RDCK Board Room, 202 Lakeside Dr., Nelson, BC Directors will have the opportunity to participate in the meeting electronically. Proceedings are open to the public. 1. CALL TO ORDER 2. ADOPTION OF THE AGENDA RECOMMENDATION: The agenda for the September 19, 2018 meeting be adopted as circulated. 3. DELEGATIONS Mark Tinholt - Item 4.9 and Item PLANNING & BUILDING Pages 4.1 BUILDING BYLAW CONTRAVENTION - GRAEBENSTEIN File#: D Marquise Street (Jens Graebenstein) Area D i) The Committee Report dated August 15, 2018 from Peter Southin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot A, District Lot 836, Kootenay District, Plan NEP81321 (Graebenstein), has been received. RECOMMENDATION: That it be recommended to the Board:

2 That the Corporate Officer of the Regional District of Central Kootenay be directed to file a Notice with the Land Title and Survey Authority of British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at Marquise Street, Electoral Area D, legally described as Lot A, District Lot 836, Kootenay District, Plan NEP81321, and further, if an active Building permit or Building application is in place, that it be cancelled; and finally, that information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.2 BUILDING BYLAW CONTRAVENTION - VAN HELLEMOND File#: E BP24319 BP Highway 3A (Bruce and Arlene Van Hellemond) Area E i) The Committee Report dated August 15, 2018 from John Southam, Building Manager, re: Building Bylaw Contravention for property legally described as Lot A, District Lot 4161, Kootenay District, Plan NEP89300 (Van Hellemond), has been received. RECOMMENDATION: That it be recommended to the Board: That the Corporate Officer of the Regional District of Central Kootenay be directed to file a Notice with the Land Title and Survey Authority of British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 5802 Highway 3A, Electoral Area E, legally described as Lot A, District Lot 4161, Kootenay District, Plan NEP89300, and further, if an active Building permit or Building application is in place, that it be cancelled; and finally, that information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.3 BUILDING BYLAW CONTRAVENTION - PRIMEAU/HALL File#: H BP Langill Road, Crescent Valley (Tara Primeau and Clayton Hall) Area H i) The Committee Report dated August 15, 2018 from John Southam, Building Manager, re: Building Bylaw Contravention for property legally described as Lot 2, District Lot 11906, Kootenay District, Plan

3 (Primeau/Hall), has been received. RECOMMENDATION: That it be recommended to the Board: That the Corporate Officer of the Regional District of Central Kootenay be directed to file a Notice with the Land Title and Survey Authority of British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 4603 Langill Road, Electoral Area H, legally described as Lot 2, District Lot 11906, Kootenay District, Plan 10127, and further, if an active Building permit or Building application is in place, that it be cancelled; and finally, that information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.4 BUILDING BYLAW CONTRAVENTION - SHARPE File#: H Highway 6 (Richard Sharpe) Area H i) The Committee Report dated August 15, 2018 from Peter Southin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 1, District Lot 11338, Kootenay District, Plan (Sharpe), has been received. RECOMMENDATION: That it be recommended to the Board: That the Corporate Officer of the Regional District of Central Kootenay be directed to file a Notice with the Land Title and Survey Authority of British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 2231 Highway 6, Electoral Area H, legally described as Lot 1, District Lot 11338, Kootenay District, Plan 13811, and further, if an active Building permit or Building application is in place, that it be cancelled; and finally, that information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.5 BUILDING BYLAW CONTRAVENTION - MALOUIN File#: I McHardy Road (David Malouin) 3

4 Area I i) The Committee Report dated August 15, 2018 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot B, District Lot 303, Kootenay District, Plan 5691 (Malouin), has been received. RECOMMENDATION: That it be recommended to the Board: That the Corporate Officer of the Regional District of Central Kootenay be directed to file a Notice with the Land Title and Survey Authority of British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 938 McHardy Road, Electoral Area I, legally described as Lot B, District Lot 303, Kootenay District, Plan 5691, and further, if an active Building permit or Building application is in place, that it be cancelled; and finally, that information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.6 BUILDING BYLAW CONTRAVENTION - POSTNIKOFF File#: BP Lazeroff Road, Tarrys, BC (Jamie Postnikoff) Area I Rural Affairs Committee - March 14, 2018 The Notice on Title relating to land at 1068 Lazeroff Road, Electoral Area I, legally described as Lot A, District Lot 302A, Kootenay District, Plan except Plan NEP77873 BE REFERRED to the June 20, 2018 Rural Affairs Committee meeting. Rural Affairs Committee - June 20, 2018 The Notice on Title relating to land at 1068 Lazeroff Road, Electoral Area I, legally described as Lot A, District Lot 302A, Kootenay District, Plan except Plan NEP77873 BE REFERRED to the July 18, 2018 Rural Affairs Committee meeting. Rural Affairs Committee - July 18, 2018 The Notice on Title relating to land at 1068 Lazeroff Road, Electoral Area I, legally described as Lot A, District Lot 302A, Kootenay District, Plan except Plan NEP77873 BE REFERRED to the September 19, 2018 Rural Affairs Committee meeting. Staff has indicated the property owner has acquired the appropriate 4

5 permits. RECOMMENDATION: That it be recommended to the Board: That the Board take no further action to file a Notice on Title relating to land at relating to land at 1068 Lazeroff Road, Electoral Area I, currently owned by Jamie Postnikoff, legally described as Lot A, District Lot 302A, Kootenay District, Plan except Plan NEP BUILDING BYLAW CONTRAVENTION - DRAGON & MAPLE LEAF VENTURES INC. File#: Little Cayuse Creek Road (Dragon and Maple Leaf Ventures Inc.) Area J i) The Committee Report dated August 15, 2018 from Lee Voykin, Building/Plumbing Official, re: Building Bylaw Contravention for property legally described as Lot 120, District Lot 400, Kootenay District, Plan 656A except Parcel A (Reference Plan 72551I) (Dragon and Maple Leaf Ventures Inc.), has been received. RECOMMENDATION: That it be recommended to the Board: That the Corporate Officer of the Regional District of Central Kootenay be directed to file a Notice with the Land Title and Survey Authority of British Columbia, stating that a resolution has been made under Section 57 of the Community Charter by the Regional District Board relating to land at 7190 Little Cayuse Creek, Electoral Area J, legally described as Lot 120, District Lot 400, Kootenay District, Plan 656A, except Parcel A (Reference Plan 72551I), and further, if an active Building permit or Building application is in place, that it be cancelled; and finally, that information respecting the resolution may be inspected at the office of the Regional District of Central Kootenay on normal working days during regular office hours. 4.8 DEVELOPMENT VARIANCE PERMIT - WYNNDEL IRRIGATION DISTRICT File#: V1811A WYNNDEL_ID-DVP Duck Creek Road (Wynndel Irrigation District) Area A i) The Committee Report dated September 3, 2018 from Darcy Roszell, Planner, re: Development Variance Permit (Wynndel Irrigation District), 5

6 has been received. RECOMMENDATION: That it be recommended to the Board: That the Board ISSUE Development Variance Permit V1811A to the Wynndel Irrigation District for the property at 6005 Duck Creek Road and legally described as Subsidy Lot 51, District Lot 4595, Kootenay Land District, Plan NEPX31, EXC PL 2126 & PCL A (REF PL ) (PID: ) to vary the front lot line setback from 7.5 metres to 6.1 metres under Section 18 of Electoral Area 'A' Comprehensive Land Use Bylaw No. 2315, DEVELOPMENT VARIANCE PERMIT - POULIN (TINHOLT) File#: V1804F Poulin-DVP Highway 3A, Six Mile, BC (Mark Tinholt) Area F i) The Committee Report dated September 3, 2018 from Darcy Roszell, Planner, re: Development Variance Permit (Poulin), has been received. RDCK Board Meeting - July 19, 2018 Resolution 510/18 That the Board ISSUE Development Variance Permit V1804F to Maurice Poulin for the property at 3268 Highway 3A, Six Mile BC and legally described as Lot A, District Lot 4397, Kootenay Land District Plan EPP53443 (PID ) in order to vary: 1. Dwelling: Front Setback from 4.5 metres to 4.32 metres 2. Covered Outdoor Kitchen: Front Setback from 4.5 metres to 1.19 metres 3. Decommissioned Dwelling: Front Setback from 4.5 metres to 0.79 metres 4. Covered Stairway: Front Setback from by 4.5 metres to 0.0 metres. BE REFERRED to the August 15, 2018 Rural Affairs Committee meeting. Rural Affairs Committee - August 15, 2018 That the applications for the Development Variance Permit and the Site Specific Floodplain Exemption for property located at 3268 Highway 3A and legally described as Lot A, District Lot 4397, Kootenay Land District, Plan EPP53443 (PID ) BE REFERRED to the September 19, 2018 Rural Affairs Committee meeting. RECOMMENDATION: 6

7 That it be recommended to the Board: That the Board ISSUE Development Variance Permit V1804F to Mark Tinholt for the property at 3268 Highway 3A, Six Mile, BC and legally described as Lot A, District Lot 4397, Kootenay Land District, Plan EPP53443 (PID ) in order to vary: 1. Dwelling: Front Setback from 4.5 metres to 4.32 metres; 2. Covered Outdoor Kitchen: Front Setback from 4.5 metres to 1.19 metres; 3. Decommissioned Dwelling: Front Setback from 4.5 metres to 0.79 metres; and 4. Covered Stairway: Front Setback from by 4.5 metres to 0.0 metres FLOODPLAIN EXEMPTION - POULIN (TINHOLT) File#: F1802F POULIN-FLD Highway 3A (Mark Tinholt) Area F i) The Committee Report dated September 4, 2018 from Darcy Roszell, Planner, re: Site Specific Floodplain Exemption (Poulin), has been received. RDCK Board Meeting - July 19, 2018 Resolution 511/18 That the Board REFER further consideration of the Site Specific Floodplain Exemption proposed for property located at 3268 Highway 3A and legally described as Lot A, District Lot 4397, Kootenay Land District, Plan EPP53443 (PID ) to the August 15th, 2018 Rural Affairs Committee meeting. Rural Affairs Committee - August 15, 2018 That the applications for the Development Variance Permit and the Site Specific Floodplain Exemption for property located at 3268 Highway 3A and legally described as Lot A, District Lot 4397, Kootenay Land District, Plan EPP53443 (PID ) BE REFERRED to the September 19, 2018 Rural Affairs Committee meeting. RECOMMENDATION: That it be recommended to the Board: That the RDCK Board APPROVE the issuance of the Floodplain Exemption Request for the property at 3268 Highway 3A and legally described as Lot A, District Lot 4397, Kootenay Land District, Plan EPP53443 (PID ) to relax the Floodplain Setback from the natural boundary of 7

8 Kootenay Lake for existing buildings as follows: Dwelling from 15.0 m to 5.39 m; Covered outdoor kitchen from 15.0 m to 5.93 m; Decommissioned dwelling from 15.0 m to m; SUBJECT TO: The decommissioned dwelling being raised to meet the Flood Construction Levels of Kootenay Lake within 12 months of issuance; A covenant being placed on Title stating that the decommissioned dwelling not be used as a dwelling in the future; and That the covenant further state that all structures on the south side of Highway 3A be permitted to be maintained but not replaced DEVELOPMENT VARIANCE PERMIT - HERZIG File#: V1810G HERZIG-DVP Highway 6, Ymir (Markus Herzig) Area G i) The Committee Report dated September 3, 2018 from Darcy Roszell, Planner, re: Development Variance Permit (Herzig), has been received. RECOMMENDATION: That it be recommended to the Board: That the Board ISSUE Development Variance Permit V1810G to Markus Herzig for the property at 7602 Highway 6, Ymir and legally described as Block E, Plan NEP640, District Lot 1242, Kootenay Land District Parcel A (PID: ) to vary the front lot line setback from 7.5 metres to 0.9 metres under Section 94 of Electoral Area G Rural Land Use Bylaw No. 1335, 1998 SUBJECT TO the applicant obtaining the required encroachment permit for the dwelling from the Ministry of Transportation and Infrastructure DEVELOPMENT VARIANCE PERMIT - KOTARAS File#: V1809J KOTARAS-DVP Hipwell Road, Ootischenia, BC (Dejan and Ioanna Kotaras) Area J 8

9 i) The Committee Report dated August 1, 2018 from Kristin Aasen, Planner, re: Development Variance Permit (Kotaras), has been received. Rural Affairs Committee - August 15, 2018 That the Regional District Board issue Development Variance Permit V1809J to Ioanna and Dejan Kotaras for the property at 1139 Hipwell Road, Ootischenia and legally described as Lot 4, District Lot 4598, Kootenay District, Plan 5867 (PID: ) to vary Section 605(1) of Zoning Bylaw No. 1675, 2004, to reduce the interior lot line setback from 1.5 metres to 0.45 metres BE REFERRED to the September 19, 2018 Rural Affairs Committee meeting. Staff has requested referral to the October Rural Affairs Committee meeting. RECOMMENDATION: That it be recommended to the Board: That the Regional District Board issue Development Variance Permit V1809J to Ioanna and Dejan Kotaras for the property at 1139 Hipwell Road, Ootischenia and legally described as Lot 4, District Lot 4598, Kootenay District, Plan 5867 (PID: ) to vary Section 605(1) of Zoning Bylaw No. 1675, 2004, to reduce the interior lot line setback from 1.5 metres to 0.45 metres BE REFERRED to the October 16, 2018 Rural Affairs Committee meeting AGRICULTURAL LAND RESERVE - REIMER File#: A1809E REIMER-ALC Harrop-Procter Road (Jim Reimer) Area E i) The Committee Report dated September 3, 2018 from Darcy Roszell, Planner, re: Exclusion from the ALR (Reimer), has been received. RECOMMENDATION: That it be recommended to the Board: That the RDCK Board NOT SUPPORT the application for ALR exclusion as presented by the applicant for the property located on 6070 Harrop- Procter Road and legally described as Lot 4, Block 16, Plan NEP718A, District Lot 222, Kootenay Land District, Except Plan 7416, Manufactured Home Reg.# (PID ) Cannabis Act - Land Use Amendments File#: CANNABIS_ACT 9

10 i) The Committee Report dated September 5, 2018 from Meeri Durand, Planning Manager, re: Cannabis Act - Land Use Amendments, has been received. RECOMMENDATION: That it be recommended to the Board: That Regional District of Central Kootenay Bylaw Amendment No. 2617, 2018 being a Bylaw to amend Regional District of Central Kootenay Planning Procedures and Fees Bylaw No. 2457, 2015 is hereby read a SECOND and THIRD READING. RECOMMENDATION: That it be recommended to the Board: That Regional District of Central Kootenay Bylaw Amendment No. 2617, 2018 being a Bylaw to amend Regional District of Central Kootenay Planning Procedures and Fees Bylaw No. 2457, 2015 is hereby ADOPTED and the Chair and Corporate Officer are authorized to sign the same REGIONAL AGRICULTURAL ADAPTATIONS STRATEGIES PROJECT File #: CAI i) The Committee Report dated September 10, 2018 from Meeri Durand, Planning Manager, re: Regional Agricultural Adaptation Strategies Project, has been received. RECOMMENDATION: That it be recommended to the Board: That the Regional District of Central Kootenay participates in the Regional Adaptation Strategies Project with allocation of in-kind staff resources and a financial contribution of $2,000 under the 2019 budget under Service ENVIRONMENTAL SERVICES No Items 6. RURAL ADMINISTRATION No Items 7. ADJOURNMENT RECOMMENDATION: The meeting be adjourned at 10

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