– Dispute over extra storey now settled –

(OSOYOOS TIMES — August 23, 2006)

The Town and a developer have settled a dispute over permitted construction, with the developer agreeing to take down one storey of a local complex that is already partly built.
A Stop Work Order issued last month by the Town of Osoyoos against VOTL Developments for its Village on the Lake complex will likely be lifted in the near future so the developer can begin the remedial work to resolve the situation.
The Town served the order July 13, and subsequently ticketed VOTL Developments for non-compliance because it had contravened the approved rezoning, development permit and architectural plans on a portion of the complex. The building is currently four storeys rather than the three that were permitted.
The Town's Chief Administrative Officer, Helen Koning, notes in an August 14th news release the order was posted to address both structural concerns and to ensure the building was being constructed according to the design and architectural drawings approved by the Town.rnA recent meeting between the Town building inspector and the on-site structural engineer resulted in an agreement from the builders to perform the necessary work to conform to the building bylaw and the B.C. Building Code.
Koning says once confirmation of the builders' plans is provided to the Town, it will lift the Stop Work Order so work on the development can take place in order to bring it into compliance.
However, if the remedial work is not satisfactorily completed the Stop Work Order will be reinstated.
The owner intends to address the structural concerns and reduce the height of that portion of the building in question from four to three storeys. The details of these remedial plans are continuing to be resolved between the owner and the architect of the development, and Town staff, Koning says.
Mayor John Slater says he is pleased a resolution to the matter is imminent and anticipates the development will come into compliance with the Town's bylaws in the near future.
The Town and Village on the Lake are working towards voluntary compliance with our bylaws, and we hope this matter can be resolved without the need for the courts to be involved.
Narinder Virk, part owner of VOTL Developments, maintains the discrepancy between the plans that were approved by the Town and the way the building was actually being constructed was the result of a misunderstanding with a former Town staff member.
We have made the decision to compromise, says Virk. All the issues have been resolved and the necessary adjustments are being made.rnHe admitted the changes to the Village on the Lake development have resulted in additional expenses for VOTL Developments, and the development is behind schedule.
We've left the issues behind and are proceeding with construction, he added.