Lake Country builder sent back to drawing board at his own cost

Despite mistake made by District of Lake Country staff, council says local builder will pay the whole cost

Lake Country council has gone against a recommendation from its staff and will force a veteran Lake Country builder to go back and alter the construction of a massive house in Okanagan Centre to bring it into compliance with Lake Country bylaws.

That’s despite the fact that the builder—who requested his name be withheld from publication—was erroneously given the OK to build the house from staff at the District of Lake Country (DLC).

DLC staff originally approved plans for the house in Okanagan Centre but after it was built to the framing stage, including shingling the roof, the DLC realized the eave of the home’s roof encroached on the allowable two metre setback from the neighboring property line.

Under DLC bylaws, an eave may encroach two feet into that allowable zone but the district found that this particular eave was encroaching about three feet.

DLC staff told council it shared the blame with the builder, admitting that staff had missed the encroachment in the development process. Planner Mark Koch also said it’s up to the developer to know the current bylaws and stated both parties had made a mistake.

“It’s mind-boggling that we are sitting here talking about a variance on a house that is three-quarters built and now we’re trying to find out what to do with this mess,” said Lake Country coun. Rob Geier.

DLC staff recommended that council allow the eaves to protrude into the setback by the extra foot, which would keep the builder from having to go back several steps in the building process to make the eaves smaller.

“I apologize for putting us all in this position,” the builder told council. “But I paid a fee of $5,000 and for that fee I think I have the right to expect some level of guidance through the process. Your staff obviously failed but it’s a shared responsibility and I’m here to take my share of it. But I don’t believe its fair that I should have the whole burden.”

But council wasn’t in a sharing mood and decided to hold the developer accountable for the mistake, even though staff said not allowing the variance would likely affect staff workload and could be an expensive venture for the developer.

Council denied the recommendation from staff and told the developer he would need to make the changes and pay for them himself.

“To cut a roof off that has already been shingled is not an easy chore,” the developer said.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

BREAKING: Outbreak of COVID-19 at West Kelowna garden centre

The outbreak was identified among a group of temporary foreign workers

Memorial Cup concert with Brett Kissel canceled amid COVID-19 concerns

Brett Kissel was scheduled to perform at Live on Lake in Kelowna on May 30

City of West Kelowna to start blasting at Rose Valley Treatment Plant

Early site work at the new water treatment plant starts this week

Valleydrive 2020 moves online due to COVID-19

The fundraiser supports the Central Okanagan Food Bank

Kelowna cafe offers free drinks to hospital workers, first responders

Third Space Cafe is offering free drinks to people on the frontlines battling COVID-19

B.C. records five new COVID-19 deaths, ‘zero chance’ life will return to normal in April

Province continue to have a recovery rate of about 50 per cent

BC SPCA launches matching campaign to help vulnerable animals after big donations

Two BC SPCA donors have offered up to $65,000 in matching donations

Anti-tax group calls for MPs, senators to donate scheduled pay raises to charity

Bill C-30, adopted 15 years ago, mandates the salary and allowance increases each calendar year

Two arrested after man lies about COVID-19 illness to stay in Victoria Airbnb for free

Victoria Police found stolen goods inside the occupied unit

Liberals delay release of 75% wage subsidy details, costs: Morneau

Program will provide up to $847 per week for each worker

LETTER: Thanks to those providing essential services

Regional District of Okanagan Similkameen board chair recognizes efforts and dedication

Summerland Earth Week events affected by COVID-19

Individual focus rather than group activities during pandemic

No laws in B.C. to force businesses to offer refunds, even during a pandemic

Black Press Media talks to Consumer Protection BC on how to navigate during COVID-19

Most Read