West Kelowna  

Illegally built garage can remain despite proximity to adjacent property

Garage can stay

A garage constructed without a building permit more than two decades ago can remain where it is.

West Kelowna council unanimously approved a development variance permit for the garage that abuts onto an agricultural property at 855 Prosperpine Road in Lakeview Heights.

Planner Chris Oliver told council the home was constructed in 1973 and complied with regulations of the day.

However, Oliver says a garage constructed in the early 2000s was erected without a building permit or a required variance.

“The garage did not meet the 15 metre siting regulation from the adjacent agricultural parcel similar to the bylaw we see now,” said Oliver.

“The RDCO did apply a notice on title regarding the structure being built without a building permit, and subsequent to that notice on title in 2002, the property was sold to the current owner in 2021.”

Oliver says the current owner indicates they were “misled” by the previous owner when purchasing the property, leading to the variance request to reduce the siting regulation from 15 metres to zero metres.

The owner says they were told the notice on title was “not significant” at the time of purchase.

While the decision by council to vary the siting could be seen as precedent setting, Oliver says the garage has stood for more than two decades with little to no impacts on the adjacent property.

With required building code improvements, he says development on the adjacent property will not be impacted.

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