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Temporary use permit resolves care facility zoning issue

It appears that an elderly professional couples’ three year struggle to operate a treatment facility in Okanagan Falls is over with regional district board approval last week for a temporary use permt on their property at Pinewinds Place.

In late 2008 the regional district received a written complaint regarding operation of the centre. At that time, the owners were advised to cease operations or obtain an amendment to the zoning bylaw in order to formalize the operation.

The property owners did neither, and the matter subsequently ended up in provincial court where a ruling backing up the regional district’s orders was decided.

Legislative changes enacted to the Local Government Act on June 3, 2010 expanded the range of temporary uses that could be approved within the designated areas beyond commercial or industrial, and extended the timeframe for which the TUP can be issued from two to three years.

The Temporary Use Permit was presented as a viable solution at a public meeting held in Okanagan Falls on September 28 last year.

Regional district administration recognized that many of the concerns expressed by residents surrounding the treatment centre related to potential formalization of the treatment centre use within the Pinewinds Place neighbourhood. By use of a Temporary Use Permit, this concern should be addressed, as it will only grant the property owners assured use rights for defined period of time, with no opportunity for the use to become permanent under the present permit.

 

The Board approved aTIP for a three year period which allows for the temporary operation of a “residential alcohol and drug treatment centre” in a Small Holdings designation.