Council files notice on property after requirements are repeatedly ignored

City council voted to file a notice on title for 2374 Second Ave. after the owner, Darrel May, failed to appear before council on Jan. 24 despite months of effort by city staff to get May to comply with the terms of his building permits or appear before council to explain why he has been unable to comply.

  • Jan. 27, 2011 7:00 a.m.

City council voted to file a notice on title for 2374 Second Ave. after the owner, Darrel May, failed to appear before council on Jan. 24 despite months of effort by city staff to get May to comply with the terms of his building permits or appear before council to explain why he has been unable to comply.

“I think it’s high time to take action,” Coun. Kathy Moore said to council. “I feel this whole thing has been an unfortunate use of staff time and effort to compel the citizen to comply with the variance that he requested. We’ve been more than reasonable.”

Previously, May had applied for two separate development variances, but three conditions set out in the approved variances remain outstanding.

First, he is required to consolidate his two lots because his building straddles them. This is a matter of a simple application and fee to the Land Titles office in Kamloops, and apparently this is in the works.

Secondly, May was required to provide an easement for the sewer line. Apparently May might have a lawyer working on this, but the city has not yet received any direct communication from May.

Thirdly, May’s garage eave extends beyond the 0.9-metre setback from the property line, already given a variance from the 1.8 metres allowed in his zone. He is required to remove them.

“It’s nothing too Earth-shattering,” said Rossland’s building inspector, Jason Ward, “He just didn’t seem to get it done.”

Coun. Laurie Charlton agitated for “more actions” to be taken against Mr. May “than just this action.”

For example, he noted a rumour that the downstairs suite was rented and occupied despite the fact that no occupancy permit has been issued.

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