Actual motion passed
Although title to the property in 1972 is in issue and might exempt the applicants from the Home Site Severance provisions; the fact that the applicants have not resided in the residence since at least 1990, precludes them from a Home Site Severance grant. Therefore, the APC recommends that the RDOS Board not “authorize” the application to undertake a home site severance subdivision at Lot 808, Plan KAP4592, District Lot 2450S, SDYD (310 Miller Road) Electoral Area ‘C’ to proceed to the Agricultural Land Commission. Carried
RDOS Area ‘C’ Advisory Planning Commission Meeting
Tuesday, October 21st, 2014
Oliver Community Center, Room #1
Report by Pat Hampson
Chair Bill Michael called the meeting to order at 7:10 p.m. after delaying the proceedings in anticipation of the applicants’ arrival; the applicants did not attend. Commission Members in attendance; Sara Bunge, Secretary; Commission members; Cort Larsen, Jessica Murphy in attendance. Recording Secretary, Sofia Cerqueira and Electoral Area ‘C’ Director Allan Patton. The minimum requirement for a Quorum was met.
The Commission had one item on the agenda regarding an application by Maria and Andre Miller to sub-divide the property located at 310 Miller Road, Oliver. This request relates to land in the Agricultural Land Reserve and is referred to as Homesite Severance.
The Commission reviewed the report received from RDOS Staff and expressed serious concerns with the apparent contradiction contained in paragraphs 1 and 5 on page 2. Paragraph #1 reads; “In order for a person or persons to qualify for Homesite Severance the individual must have, amongst other things, continuously owned and occupied the property as their principal place of residence since December 21st, 1972”. It was stated in the report that; “the applicants is advising that they have owned the property since 1951”, however one Commission member suggested that the Millers’ son has been the occupant.
In paragraph #5, the report states “Administration is concerned that the applicant does not appear to qualify for consideration under the ALC’s (Agricultural Land Commission)
Home Site Severance Policy as they have advised that they inherited the property in 1990 when their parents’ Will was probated and Title to the parcel transferred from the estate”.
Considerable discussion occurred regarding qualifications for severance, the principal concern being the apparent contradiction in the Staff report and the importance of the Millers being in attendance to clarify this issue. As was stated by one member in relation to this apparent contradiction: “we are being asked make an assumption on the content of the report so any decision we make is like playing with shadows”.
Chair Bill Michael asked the members if they were in a position to make a motion regarding the request. There was discussion as to the placement of RDOS option #3; “The APC recommends that the RDOS Board not ‘authorize’ the application to undertake a homesite severance subdivision at Lot 808, Plan KAP4592, District Lot 2450S, SDYD (310 Miller Road) Electoral Area ‘C’ to proceed to the Agricultural Land Commission”; and the actual APC text and whether it should be a sentence or in point form.
(Due to the complexity of the APC motion this writer was not able to guarantee accuracy without confirmation from the Recording Secretary so details of the complete justification will be forthcoming later today once the Chair approves the minutes.)
However Jessica Murphy moved and Cort Larson seconded a motion which denies the Millers’ request for Homesite Severance; the motion passed unanimously.
Following this decision the APC had an Ad Hoc, informal discussion on the terms of reference and conditions to be met for approvals of Homesite Severance on ALR properties. This discussion revolves around whether or not the ALC regulations should apply to future generations or be terminated upon the death of the original owners.