Peace River Regional District REPORT

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1 Peace River Regional District REPORT To: Chair and Directors Date: June 7, 2012 From: Jacqueline Burton, Bylaw Enforcement Officer Subject: Bylaw Enforcement Report Owner: Waldemar and Olga Schaefer Area: Electoral Area C Legal: Lot 6, Plan Block 1, Section 19, Township 84, Range 19 W6M PRD Lot size: One acre Location: Park Front Road Charlie Lake Complaint: Industrial activity (trucking contractor) in Residential 2 Zone RECOMMENDATION(S): (a) THAT the Regional Board require the owners and occupiers of land legally described as Lot 6, Block 1, Plan 12852, Section 19, Township 84, Range 19, W6M PRD (the Land ) to immediately cease the primary use of the Land for industrial activity (trucking contractor business) in contravention of the Peace River Regional District Zoning Bylaw No. 1343, (b) THAT if the above use of the Land does not cease within 30 days of the date of this resolution, that the Peace River Regional District s solicitors be instructed to commence legal proceedings in the Supreme Court of British Columbia to enforce Peace River Regional District Zoning Bylaw No. 1343, 2001 on the land. (c) THAT the Peace River Regional District seek its costs in the legal proceedings and that Peace River Regional District s solicitors be instructed to register any unpaid costs awarded by the Court against property owned by the debtor. BACKGROUND/RATIONALE: April 4, 2012: Complaint received regarding a one acre lot which has no house on it but big trucks and trailers parked there. April 5, 2012: Sent initial letter to complainant April 18, 2012: Site inspection conducted from the road revealed a shop on premises, no house, two highway tractors, two gravel trailers, one tanker trailer, one flat deck trailer, one freight van and a backhoe. April 19, 2012: Contacted the previous property owners, they did not use the property for business, it was left empty. Staff Initials: Dept. Head: CAO: Page 1 of 2

2 Report Chair and Directors June 7, 2012 Page 2 of 2 April 20, 2012: Olga Schaefer called in response to my letter, she said they bought a house to move on this property this summer and that the trucks are not working, just parked there. I informed her that parking of industrial trucks on residentially zoned land is a contravention of the Peace River Regional District Bylaw 1343, 2012 and that a trucking contractor is not an allowable home based business on a one acre R-2 Zoned property. April 26, 2012: Sent second letter to Waldemar and Olga Schaefer with Section 35 R-2 (Residential 2 Zone ha) of the Peace River Regional district zoning Bylaw No. 1343, 2001 attached. They were given until June 1, 2012 for compliance and have had no response. May 7, 2012: Information received that the Schaefer s have begun building their house. May 11, 2012: Schaefer s had some time previously obtained a building permit to expand the shop but not one for the house. Stop work notice placed on property. May 23, 2012: Building permit obtained for house. June 5, 2012: Site inspection from the roadway revealed that the shop is gone but it appears there are pilings for new construction, the trucks and trailers have remained.

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6 Guidelines for Delegations & Petitioners to the Board Meetings of the Peace River Regional District & Peace River Regional Hospital District PEACE R IVER R EGIONAL DISTRICT The public is welcome to attend and observe any meeting of the Peace River Regional District. Meeting agendas are posted on the Regional District website six days prior to the meeting date. All meeting observers or delegates must sign-in upon arrival. Guidelines for Delegations and Petitioners Persons or parties wishing to address the Regional District as scheduled delegations or petitioners are required to observe the following guidelines: 1. Choose a meeting date well in advance as presentation times are limited and fill up quickly. 2. Send a letter requesting a date for your presentation, stating the subject matter and listing the name/s and title/s of spokesperson/s. The letter of request and background material must be received by our offices at least 10 days prior to the meeting, so it can be included in the electronic agenda. Address the letter to: Faye Salisbury, Corporate Officer Peace River Regional District Delivery options: Mail to: Box 810, Dawson Creek, BC V1G 4H8; or Hand deliver to: 1981 Alaska Avenue, Dawson Creek; or to: prrd.dc@prrd.bc.ca 3. Once your request is received by our office, you will be contacted to confirm a mutually convenient time to appear before the Regional District and to discuss your audio-visual equipment requirements. 4. If you are unable to include the background material with your letter, you are required to bring 20 copies to handout at the meeting, or in the case of a power point presentation, please provide on electronic media. 5. Each delegation or petition is allotted a maximum of 15 minutes for their presentation. Appeal Process if Unable to Meet Deadlines On occasion, due to the shortness of time, it may not be possible to meet the requirements listed in the above guidelines. Persons wishing to appeal this process may do so by speaking directly to Chair of the Peace River Regional District. Board of Directors: Chair: Karen Goodings, Electoral Area B Vice-Chair: Wayne Hiebert, Electoral Area D Directors: Arthur Hadland, Electoral Area C Jerrilyn Schembri, Electoral Area E Merlin Nichols, District of Chetwynd Mike Bernier, City of Dawson Creek Lori Ackerman, City of Fort St. John Bruce Christensen, City of Fort St. John Karen Anderson, District of Hudson s Hope Mike Caisley, District of Tumbler Ridge Fred Jarvis, District of Taylor Larry Fynn, Village of Pouce Coupe Meeting Schedule: 2012 January 12 Dawson Creek 1 January 26 Dawson Creek February 9 Fort St. John 2 February 23 Dawson Creek March 8 Dawson Creek March 22 Dawson Creek April 12 Fort St. John April 26 Dawson Creek May 10 Dawson Creek May 24 Dawson Creek June 14 Tower Lake 3 June 28 Fort St. John July 12 Dawson Creek July 26 Fort St. John August 9 Dawson Creek August 23 Fort St. John September 6 Dawson Creek September 20 Dawson Creek October 11- Dawson Creek October 25 Fort St. John November 8 Dawson Creek November 22 Dawson Creek December 7 Dawson Creek All meetings begin at 10:00 a.m. 1 Dawson Creek meetings held in the Peace River Regional District Board Room at 1981 Alaska Avenue, Dawson Creek 2 Fort St. John meetings held in North Peace Cultural Centre at th Avenue, Fort St. John, BC 3 Tower Lake meeting - Tower Lake Community Hall For more information contact the Peace River Regional District Toll-free or Dawson Creek Office: Box 810, 1981 Alaska Avenue, Dawson Creek, BC V1G 4H8 T F E prrd.dc@prrd.bc.ca Fort St John Office: Street, Fort St. John, BC V1J 4N4 T F E prrd.fsj@prrd.bc.ca

7 PEACE RIVER REGIONAL DISTRICT Office of Bylaw Enforcement June 7, 2012 File No. 72/2012 Sent via Registered Mail Waldemar and Olga Schaefer Box 896 Charlie Lake, BC V0C 1H0 Dear Mr. and Mrs. Schaefer, Re: Concerns regarding the use of property located at Park Front Road, Charlie Lake BC Legal Description: Lot 6, Block 1, Plan 12852, Section 19, Township 84, Range 19 W6M PRD Further to our letter dated April 26, 2012, regarding the industrial (trucking contractor) use of your property, you were given until June 1, 2012 to bring your property into compliance with the Peace River Regional District Zoning Bylaw No. 1343, During a site inspection conducted June 5, 2012 it was evident that the property noted above is still in contravention. As no efforts have been made to discuss or compose a plan for compliance, I must now advise the Regional Board of the matter and recommend legal action. The attached Peace River Regional District Enforcement Report recommending enforcement and legal action if compliance is not achieved has been prepared for the Regional Board s consideration. The report will be considered at the July 12, 2012 Regional Board meeting being held at the Peace River Regional District office located at 1981 Alaska Avenue Dawson Creek. The meeting will begin at 10:00 a.m. Should you wish to address the Regional Board at either the June 28, 2012 or July 12, 2012 meetings, please register as a delegation with our Dawson Creek office. A brochure providing instructions to become a delegate to the Regional Board is attached and can also be found on our website at: df Also see the attached copy of the Peace River Regional District Enforcement Report that will be submitted at the Board meeting recommending enforcement and legal action be taken against you if compliance is not achieved. PLEASE REPLY TO: X BOX 810, DAWSON CREEK, BC VIG 4H8 TELEPHONE: (250) or (800) FAX: (250) prrd.dc@prrd.bc.ca STREET, FORT ST. JOHN, BC V1J 4N4 TELEPHONE: (250) Fax: (250) prrd.fsj@prrd.bc.ca

8 Should the property be brought into full compliance with the applicable bylaws by or before July 12, 2012, enforcement action will not be necessary. Please contact the undersigned if you have any questions, and we look forward to your cooperation in resolving this matter. Sincerely, Jacqueline Walmsley Bylaw Enforcement Officer Cc: Bruce Simard, General Manager of Development Services Arthur Hadland, Director of electoral Area C

9 PEACE RIVER REGIONAL DISTRICT Office of Bylaw Enforcement April 26, 2012 File No.72/2012 Sent via Regular Mail Waldemar and Olga Schaefer Box 896 Charlie Lake, BC V0C 1H0 PLEASE REPLY TO: Dear Mrs. Schaefer, Re: Concerns regarding the use of property located at Park Front Road, Charlie Lake BC Legal Description: Lot 6, Block 1, Plan 12852, Section 19, Township 84, Range 19 Thank you for prompt response to my letter dated April 19, Although I understand from our phone conversation that you have already obtained a permit to build your home on the property noted above, it doesn t address the issue of compliance to the Zoning Bylaw No. 1343, Your property is one acre in size and zoned R-2 (Residential 2 Zone), these principle uses and no others are permitted: a) Dwelling unit; b) Market garden; c) Agriculture; Industrial truck and trailer parking is not a permitted use. I have attached the R-2 zoning regulations as well as the list of allowable home based businesses for your reference. Please note that your property falls under Section 19.1.a. which pertains to parcels less than 1.8 hectares (4.5 acres). In order to prevent enforcement action against you, the use of the property noted above must be brought into compliance with the Peace River Regional District Zoning Bylaw No. 1343, 2001 by June 1, Thank you in advance for your cooperation in this matter. Sincerely, Jacqueline Walmsley Bylaw Enforcement Officer Cc: Bruce Simard, General Manager of Development Services Arthur Hadland, Director of electoral Area C X BOX 810, DAWSON CREEK, BC VIG 4H8 TELEPHONE: (250) or (800) FAX: (250) prrd.dc@prrd.bc.ca STREET, FORT ST. JOHN, BC V1J 4N4 TELEPHONE: (250) Fax: (250) prrd.fsj@prrd.bc.ca

10 PEACE RIVER REGIONAL DISTRICT Office of Bylaw Enforcement April 19, 2012 File No. 72/2012 Sent via Regular Mail Waldemar and Olga Schaefer Box 896 Charlie Lake, BC V0C 1H0 Dear Mr. and Mrs. Schaefer, Re: Concerns regarding use of property located at Park Front Rd Charlie Lake BC Legal description: Lot 6, Block 1, Plan 12852, Section 19, Township 84, Range 19 The Peace River Regional District has received a complaint regarding industrial use occurring on the above noted R-2 zoned property contrary to Zoning Bylaw No. 1343, 2001 (see attached). The use of the property must be brought into compliance with the R-2 zoning regulations. We would like to work with you to resolve this concern and would require that you please respond to this letter by May 23, You can confirm that the property has been brought into compliance or you can provide a written plan to achieve compliance within a reasonable time. Thank you in advance for your cooperation in this matter, and please don t hesitate to call the undersigned if you have any questions. Sincerely, Jacqueline Walmsley Bylaw Enforcement Officer Cc. Bruce Simard, General Manager of Development Services Arthur Hadland, Director of Electoral Area C PLEASE REPLY TO: X BOX 810, DAWSON CREEK, BC VIG 4H8 TELEPHONE: (250) or (800) FAX: (250) prrd.dc@prrd.bc.ca STREET, FORT ST. JOHN, BC V1J 4N4 TELEPHONE: (250) Fax: (250) prrd.fsj@prrd.bc.ca

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