The oldest home in Westside has received a stay of execution --- for now.

The 118-year-old house, located at the corner of Butt and Elliott roads, has been the subject of a battle between owner Ray Barry and the Regional District for the past six years.

Barry bought the property and received a development permit to build a second home on the property in 2002 with the provision that the original home would be decommissioned.

"We did not realize the house was as old as it was. We had every intention of demolishing the house, but we didn't know the history," says Berry.

We have re insulated and repainted the house. We will maintain it while this issue is being sorted out."

Barry has applied for an amendment to the current zoning bylaw to allow for the retention of an accessory home on land less than 3.8 hectares.

Senior Planner, Ilene Watson, in a report to Westside Council, says continued use of the home is a bylaw enforcement issue.

"The property has been extensively used for non-agricultural purposes and a riparian area has been disturbed," says Watson in her report.

"Repair of the riparian area will be required either in conjunction with this application, or as an independent action should the bylaw not be approved."

Barry is hoping to have the home designated as a heritage site, however, neither the Regional District nor the municipality have a Heritage Conservation Bylaw.

Mayor, Rosalind Neis, says the issue seems to have gone from a simple solution to an extremely complex situation.

"Council could consider approving the zoning amendment, allowing the home to stay there at this point in time. The heritage designation could come further down the road instituted by the property owners or the municipality," says Neis.

Watson added the second home was built with the original home to be decommissioned because the land is within the Agricultural Land Reserve.

"The only reason the home would be considered to stay would be for heritage futures."

Council voted unanimously to give first reading to the re-zoning bylaw, with further discussion to come at a later date.