– Zoning solution being sought –

(OSOYOOS TIMES — December 20, 2006) –

By Julie TurnerrnOsoyoos Times

After months of trying to resolve a zoning issue at Desert Rose Estates, one unsatisfied owner is taking his complaint to the courts, suing the Town of Osoyoos for $25,000 in compensation.
Dan Ferguson appealed to Town Council in July after learning the lot he and his wife purchased at Desert Rose “ a manufactured home park near Osoyoos' westside industrial land “ and their new manufactured home under construction were incompatible.
Although the home and lot were identical to approximately 20 surface-mounted homes already at the park, Ferguson claims the Town informed him at the building permit stage a perimeter foundation would be needed.
The rule meant the couple would need to spend an additional $20,000 for the foundation modifications to their home which was under construction, placing them in a position of tremendous financial obligation.
He questioned why the Town, after years of not enforcing its own zoning requirements for a perimeter foundation, suddenly told all new homeowners this spring perimeter foundations would be required.
Discussions with the Town's new building inspector, the home manufacturer and the park's strata council led to finger-pointing, Ferguson told Council, and he urged the Town to come up with a solution to his situation.
A zoning change or text amendment to allow existing and any new homes to conform to Town's bylaws were offered as possible solutions, as was designating the homes already in place as legal non-conforming, but by October no solution was found and another owner, Barry Smith, found himself in the same situation.
Smith also complained to Council that the Town was asking him to spend an additional $20,000 for something that was not required for most of the other Desert Rose residents.
He feels each side (the Town and homeowners) is waiting for the other to make a move. It's like a Mexican standoff.
Meanwhile, retired building inspector Dennis Tomlin wrote to the Osoyoos Times in October urging the Town to amend the bylaw's wording and stop putting these residents through so much unnecessary grief.
Town CAO Helen Koning confirms Planner Alain Cunningham met with the Desert Rose strata council on November 21 and reconfirmed the Town's commitment to seeking a satisfactory zoning solution.
She adds discussions on anchoring requirements are continuing and a proposal was made to recognize existing units as conforming but carry forward with existing requirements for all new units. This matter will be dealt with under the zoning bylaw review scheduled for early next year.
Strata council president Ivan Vlahovic said Friday he hoped to get a letter from the Town before the end of the year and get it all cleaned up.
Ferguson told the Osoyoos Times he sent a letter to the Town November 17 seeking $25,000 in compensation for the extra costs he had to pay to bring his home in line with the zoning requirements.
He followed up with a letter giving a breakdown of the $25,000 and gave the Town until December 15 to respond.
Having received no reply by Friday, he filed a small claims action in Penticton.
Ferguson told the Times the situation is a mess, but it was their (the Town's) creation. It's in desperate need of a resolution. At least now we will have a third party listening to both sides.