Pages

Wednesday, January 9, 2019

Court Ruling On South Chesterman"s Condos

https://www.courts.gov.bc.ca/jdb-txt/sc/18/22/2018BCSC2298.htm

25 comments:

  1. Just think of all those cheap rentals that will be available now. Way to go District in solving the affordable housing problem!

    ReplyDelete
  2. Best part is where they say that their arguments were "hard to follow" and that it was "like they were grasping at straws"

    Also, it's not all about affordable housing. It's about leveling the playing field for all involved. There are many in this town who have spent considerable time and money to bring their properties into compliance.

    Good job District of Tofino for not backing down.

    ReplyDelete
  3. It is truly great that the mayor has stuck to her guns in the battle against businesses such as South Chestermans Beach Homes that were operating in such a way that their zoning was contravened. That is true leadership.

    ReplyDelete
  4. South Chesterman nightly condo rentals were never legal which is something we have all known since they were built. The South end of the beach has been a gong show for years and I hope this is the start of rebuilding an actual neighbourhood with more people living there. If not, this is still the right ruling! This isn't going to solve the housing issue but it does solve the legal issue. Karma can be a bitch.

    ReplyDelete
  5. I wonder why this council loves Poole’s Land but hates South Chestermans ? Both totally illegal .

    ReplyDelete
  6. Poole isn’t an arrogant asshole . That explain it ?

    ReplyDelete
  7. Bylaw in Tofino is a complaint based operation . I guess nobody has complained about Poole’s .

    ReplyDelete
  8. 30-860 CRAIG RD TOFINO
    Area-Jurisdiction-Roll: 04-580-00189.170
    Favourite

    Compare
    Print view
    Print
    Report a problem
    Total value
    Assessed as of 01-07-2018 $462,000

    ReplyDelete
  9. 29-860 CRAIG RD TOFINO
    Area-Jurisdiction-Roll: 04-580-00189.169
    Favourite

    Compare
    Print view
    Print
    Report a problem
    Total value
    Assessed as of 01-07-2018 $653,000
    Previous year value

    $654,000

    ReplyDelete
  10. yes leave the unsightly out-of-control bylaw violations alone IE pool land, crabapple, Mears Vista, & the eco-lodge alone... Leave them to make tons of money & create Health and safety issues galore.... There's a double standard here which sucks. But never mind the whole town has been turned into an investment opportunity without any forethought of upholding or preserving the community..... The district has sold the community & thrown its values under the bus.

    ReplyDelete
    Replies
    1. After chalking up a win against South Chestermans , I’m sure council will go after Pooles and the Ecolodge.

      Delete
  11. Hahaha !! As if !!

    ReplyDelete
  12. Advice to SOuth Chestermans : start selling mushrooms and have your tenants steal bicycles and surfboards. Then you are exempt from bylaws or zoning .

    ReplyDelete
  13. I think everyone commenting negatively is missing a key point: the District is taking on new challenges (and winning) at a reasonable and realistic pace. To take on everything at once would be unrealistic - the resources simply don't exist in such a small town. You shouldn't take away from a victory by pointing fingers elsewhere. The time will come for Poolesland and other properties that are non-compliant. This was a long and uphill battle and it's finally been supported by a judgement. The consequences will create long-term housing and send a message to non-compliant businesses that the District is serious - and that, in turn, will "free up" bylaw resources to tackle other property issues.

    ReplyDelete
  14. What new challenges (plural) are you referring to, and what new winning. Please tell.

    The symbolism of the District winning in this case is something, granted, but how can the Mayor be so satisfied if the intention is to move on to other violations, like where she lives. If she wants to pursue that, save the taxpayers some money and just get hubby to give it up. If she doesn't you are just blowing smoke. I don't believe these other properties have even been served.

    The reality is that these Chesterman's units are unlikely to be used as residences for working people in Tofino. More likely the playgrounds for those from away and those in a higher tax bracket.

    Council could have got $400,000.00 plus cash, rezoned to commercial and gained $100,000.00 annually, in taxes, increasing over time without even negotiating. And then, done something productive with the money. I will repeat....and done something productive with the money...be it housing or infrastructure....That would be winning in my books, that seems to be the harder kind of winning for Tofino Councils....Opportunity lost...

    Who was that Greek guy who went to battle against the Romans and won battle after battle, till there was none of his soldiers left. Then lost the war. Starts with a "P".

    ReplyDelete

  15. 1084 PACIFIC RIM HWY TOFINO
    Area-Jurisdiction-Roll: 04-580-00158.000
    Favourite
    Compare
    [Print view]
    Print
    Report a problem
    Total value Assessed as of 01-07-2018
    $2,111,700

    Land

    Buildings

    $963,300

    $1,148,400

    Previous year value

    Land

    Buildings

    $1,994,000

    $920,900

    $1,073,100

    Legal description and parcel ID

    District Lot 123 Land District 09 Except Plan 20646 28696 & VIP73401 BOTANICAL GARDENS

    PID: 009-391-339

    Year built 2006
    Description Dormitory
    Bedrooms
    Baths
    Carports
    Garages
    Land size 12.128 Acres

    ReplyDelete
  16. 3:50 said it. The South Chesterman Beachhomes will of course be the beach 'pied a terres' for those with higher incomes. Anyone who thinks otherwise is dreaming. The values are such (see latest assessments) that those that do go on the market will be scooped up by folks that won't live here (nothing new). Tofino gained absolutely nothing! Was it the resorts and hotels that put the pressure on? One only has to wonder as the time has gone where locals could ever possibly think of owning or living on the beach. This was not the answer. Valuable tax revenues lost for what will become a dark neighbourhood along with all the monster houses.
    Brilliant Mayor & Council. Way to go.

    ReplyDelete
  17. New Poole's Land Video

    https://youtu.be/2bs24nK5er8

    Featuring Tofino Mayor Josie Osborne turning a blind eye

    ReplyDelete
  18. Just looked at the posted video....Very illuminating. Pooleland breaks every bylaw in the book. Fire, access and egress., building code, zoning and health regulations. Sanctioned by your Mayor. I'd be curious to know what Poole pays in taxes...Selective enforcement of the bylaws in the extreme. She wants to work with them, isn't that nice. Pooleland has been there since before South Chestermans was constructed. How long will this "working it out" take? Now I understand. The Poolanders espouse a philosophy she has sympathy for. Illegalities are not important. Interesting how they can be swished away with a good turn of phrase and become a non factor I have no doubt they will all be Josie supporters too. Wouldn't want to bother them. No.

    I don't even care what happens at South Chesterman's. I don't care who won and who lost. After viewing the video. Taking South Chesterman's to court is looking more like persecution. Be it ideological or political. Justice hasn't just removed her blindfold, she speaks out of both sides of her mouth as well. This is a far more serious problem in a democracy. This is corruption.

    ReplyDelete
  19. Equality under the law is a fundamental Canadian democratic principle. Because the law is just a Tofino bylaw does not mean it can be inforced, or not enforced in an arbitrary or selective manner. Charter of Rights and Freedoms. Call it discrimination. Take it to the court.

    ReplyDelete
  20. I think the wind has changed... So what now? Actual equal treatment by Tofino bylaw? Complaint based bylaws are a lazy excuse fore favoritism. Time for an enquiy by the provincial ombudspersons office. Transperancy and integrity

    ReplyDelete

  21. "They that sow the wind, shall reap the whirlwind"

    HOSEA 8:7

    ReplyDelete
  22. Why are they still being advertised on AirBnB?

    ReplyDelete
  23. Ralph,

    I enjoy your sometimes controversial topics, time for another post!

    ReplyDelete
  24. The South Chesterman condos are still advertising and they look full for the summer. I'm so happy my business lisc fees went up for enforcement of illegal rentals. https://www.vrbo.com/615181?noDates=true&petIncluded=false

    ReplyDelete