A couple in Cobble Hill feel the Cowichan Valley Regional District has not treated them well over the issue of rented cottages on their 4.3-acre property.
Lori and Gord Hamilton, who are retired, bought the property on a quiet rural road several years ago, and it contained two well-maintained rental cottages that had been used as dwellings for more than 50 years, as well as a number of other buildings, at the time.
Last May, they were shocked when a CVRD bylaw officer knocked on their door and informed them their tenants in both cottages had to be evicted within 30 days.
Lori said no explanation was provided, which she claimed was against the rules around how bylaws are enforced, and it took four days of calling CVRD officials before they were finally given an explanation.
She said they were told that they had been “untruthful” on their building-permit application when they were planning to construct their new retirement home on the property.
“The building inspector told us that the cottages didn’t show on the survey we were required to provide with the building-permit application, but he showed us the survey and the cottages were clearly there,” Lori said.
“He argued that they were each labelled as ‘building’ and they both should have been labelled as ‘dwelling’. How were we supposed to know that? It was done by professional surveyors doing their job.”
Lori said, as well, the building inspector had previously visited the property and the cottages were in plain view for him to see, along with the associated driveways, vehicles, and lawn furniture.
“He said he didn’t see them,” she said. “I also checked the CVRD’s website and their definitions clearly state that a ‘building’ can be a number of different types, including a ‘dwelling’ so there was nothing wrong with the survey.”
As well, Lori said that she found during her research into the issue that current zoning rules allow only one accessory dwelling on the property, but both cottages were built to house the younger generation on the farm that was there 50 years ago, long before zoning rules and building permits even existed, and they have been continuously occupied as rentals ever since.
But she said they had learned that the CVRD doesn’t allow the dwellings to be grandfathered into the system.
“Despite all the evidence that we researched, after they asked us to provide evidence, the CVRD still ordered us to evict our tenants and the stoves and associated electrical be removed,” Lori said.
“But when the CVRD learned that our 21-year tenant, who is a senior, pays only 40 per cent of market rent, they relented and allowed her to stay, so it appears they do have some discretion in these matters. The thing is, we rely on the market rent from the other cottage to help subsidize our senior tenant’s rent, and to pay for things like new roofs, shingles, windows and appliances, among other expenses, for the cottages.”
Lori said the empty cottage, which is, and has always been, well looked after, has been sitting vacant for more than four months in the midst of a housing crisis when it could be housing a family of two.
She said the squabble with the CVRD has cost the couple more than $7,000 so far in legal fees, hydro, extra insurance on a vacant building and lost rental income.
“One almost hesitates to challenge the CVRD about having us jump through all these hoops when they proved pointless as they clearly had zero intention of allowing those rental cottages to remain, despite meeting all their demands,” Lori said.
Mike Wilson, the CVRD’s director for Cobble Hill, said he is aware of this file and that it has been handled by the CVRD’s building inspection and bylaw-enforcement departments.
“As there may be some ongoing issues with this, it may not be appropriate for me to comment,” he said.
Kris Schumacher, the CVRD’s manager of communications and engagement, also said that given it’s an ongoing bylaw enforcement file, it wouldn’t be appropriate for the district to comment on it at this time.
“I believe the board will be getting an update on the file from our bylaw staff in an upcoming meeting,” he said.
