Not just this issue, what about all the new homes being built with suites included. These homes plug up a neighbourhood with vehicles. City missing out on taxes here also.

seamutt: If you have lots of money or have access to money that is secured and have the connections that go with it, you can do whatever you want. Its called politics and it happens all over the world, unfortunately.

“I also am asking to see that legal opinion from which the Planners at the District seem to be basing this approval”

Wouldn’t that be privileged information due to the solicitor and client relationship?

For the record, I would tend to agree that this seems to be a very unusual interpretation of the term “single family”. Unless all of the occupants were related, I can’t see how anyone could suggest that it fits.

That is unless of course “single family” is not actually defined or It is defined in a manner that would not be a common language interpreration (which is very possible).

If a lawyer can successfully bend the definition of ‘single family’ to fit the needs of this application, we’ve got bigger problems.

That’s the thing about law. Quite often it doesn’t need “bending”, because it is written in a very clear and precise manner. It just needs applied.

Oftentimes you may as well throw away any conventional interpretation of a term, because it won’t apply to the situation being analyzed, at least in a legal way.

Better to get a lab to do DNA tests in bulk to satisfy the single family abode situations. Rules are made to be “interpreted”. Sometimes not the way they are written. Kinda like the OCP here in PG.

NMG: “That’s the thing about law. Quite often it doesn’t need “bending”, because it is written in a very clear and precise manner. It just needs applied.

Oftentimes you may as well throw away any conventional interpretation of a term, because it won’t apply to the situation being analyzed, at least in a legal way.”

That’s great. This reminds me of Bill Clinton trying to explain the definition of the word “is”.

http://www.youtube.com/watch?v=j4XT-l-_3y0

I wrote on this topic before. Simply put, the RDFFG zoning bylaw is archaic and in bad need of updating. This is not new. It has been in that condition for a long time. They went through with this as well when they failed to deal with industrial properties.

Simply, their method of operation is reactive rather than proactive.

So, here we are again. The truth comes out in actions, not in occasional politically correct words of how great everything might be.

The one thing about zoning is that it is a real easy one to see what “common practice” is, which becomes important when making a decision of what a family is. It no longer is what many people think it is. The lawyer’s opinion, whoever that is, is absolutely right from my experience with zoning bylaws.

For starters, here are the key parts of the RDFFG bylaw. It goes beyond this being a residence. It is, in fact, a business which goes beyond even the business of renting out a house to a family. There is caretaking, counseling, etc. going on for which there will be payment to a resident “caretaker” who may have a direct contract to deliver the services or may be an employee of the owner of the caretaking business.

Definitions from the RDFFG Zoning Bylaw
RESIDENTIAL-SINGLE FAMILY means residential use within one DWELLING UNIT.
DWELLING UNIT means all or part of a building or structure operated as a housekeeping unit, used or intended to be used as a domicile by 1 or more persons, and usually containing cooking, eating, living, sleeping and sanitary facilities.

HOME OCCUPATION means a use carried on from a DWELLING UNIT as a business by the occupants of that DWELLING UNIT, as set out in Section 7.0.

7.0 HOME OCCUPATION

7.1 Where RESIDENTIAL – SINGLE FAMILY or RESIDENTIAL – TWO FAMILY is a PERMITTED USE within a zone, HOME OCCUPATION is an ACCESSORY use, subject to the following provisions.

7.2 A HOME OCCUPATION use may only be established within a DWELLING UNIT, and may only be conducted by the occupants of that DWELLING UNIT.

7.3 The FLOOR AREA within a DWELLING UNIT used for a HOME OCCUPATION use shall not exceed 25% of the FLOOR AREA of the DWELLING UNIT, to a maximum of 50 sq.m. [540 sq.ft.] except for BED AND BREAKFAST use.

7.4 HOME OCCUPATION shall be limited to one or more of the businesses as listed below:
a) licensed day care/babysitting.
b) catalogue sales agent.
c) private tutoring – on an individual tutor/student basis.
d) professional business office or studio, hairdresser or pet groomer – on an individual client basis.
e) arts and crafts manufacture, and sale of such products manufactured on the premises.
f) sale of meat/produce grown or produced primarily on the premises.
g) BED AND BREAKFAST to a maximum of four (4) bedrooms. Only one BED AND BREAKFAST use shall be permitted on a LOT.
h) food production [such as baking or candy making] and sale of such products manufactured on the premises. Food production shall not include a restaurant or take out food outlet.
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So, for me it is easy. It passes on the single residential use. In fact, unlike the PG zoning bylaw which restricts the number of people allowed, the RDFFG could have a communal “single family dwelling” of say 25 people … no let’s make that 53 … no 72 …. any number, and it would meet the defintion. It may be restricted by the size of building allowed on a specific property or other such restrictions.

However, it does not pass on the Home occupation part. So, that should be the end of the story. We do not have a legal opinion on that. I would like to see it.

A half-baked job by the RDFFG.

So, “common practice” can be viewed right from the PG zoning bylaw, the largest community within the RDFFG. We have 4 councillors on the District Board. Of course, it would be too much to expect of them to know the details of their City’s zoning bylaws and make some behind the scenes recommendations to the Region’s Administration.

Neither of the two bylaws have a definition for “family”. However, POG has a definition of “household” which has become much more relevant.

Household: means

a) a person;

b) two or more persons related by blood, marriage, common law relationship, or adoption, together with not more than two persons unrelated to such persons; or

c) a group of not more than 6 persons who are not related by blood, marriage, common law relationship or adoption; all living together in a dwelling, comprising a single housekeeping group and using cooking facilities shared in common. Unrelated persons may include owners, renters, tenants, boarders, paid domestic servants, or foster children.
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Housing, Supportive: an accessory use in a principal dwelling where no more than two prescribed services, as defined in the Community Care and Assisted Living Regulation, are provided by an operator to any number of adults related to the operator by blood or marriage, or not more two adults to whom they are not related.
(how unique – writes I, tongue in cheek – notice we do not need a defintion of family, we simply use the terms “related by blood” or marriage)

This use is allowed in multi family dwelling zones, not single family zones
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Community Care Facility, Minor: the use of a principal dwelling for:
a) the residential care of up to six persons who are not related by blood or marriage, in a facility licensed under the Community Care and Assisted Living Act, including supervision provided to minors through a prescribed residential
program, or adults who are vulnerable because of family circumstances, age, disability, illness or frailty, and are dependent on caregivers for continuing assistance or direction in the form of three or more prescribed services as
defined in the Community Care and Assisted Living Regulation, or
b) a day care licensed under the Community Care and Assisted Living Act, for up to ten persons such as nursery school, emergency care, out of school care, family day care, special needs day care, group day care, occasional,
casual, or short term supervised child care. This use includes limited overnight accommodation for minors who are supervised under a prescribed program. A minor community care facility shall comply with the development regulations for the housing type in which it resides.

This use is allowed in single family residential zones
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Community Care Facility, Major: means:
a) the residential care of seven or more persons who are not related by blood or marriage, in a facility licensed under the Community Care and Assisted Living Act, including supervision provided to minors through a prescribed residential program, or adults who are vulnerable because of family circumstances, age, disability, illness or frailty, and are dependent on caregivers for continuing assistance or direction in the form of three or more prescribed services as defined in the Community Care and Assisted Living Regulation, or
b) a day care licensed under the Community Care and Assisted Living Act, for 11 or more persons such as nursery school, emergency care, out of school care, family day care, special needs day care, group day care, occasional, casual, or short term supervised child care. This use includes limited overnight accommodation for minors who are supervised under a prescribed program.

This use is allowed in multiple family dwelling zones.
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Community Care Facility, Specialized: a facility where specialized care is provided to persons with addiction, and physical, mental or other developmental disability, or chronic or progressive condition, that is not primarily due to the aging process. Typical uses include mental care asylums, sanatoria, detoxification centre, drug addiction counseling and treatment, needle exchanges, and safe injection sites.

This use is not allowed in any residential zones. It requires “public or special” zones.