Tree warehouse covenant remains – for the present

The property is zoned Light Industrial but has a covenant on its title that restricts use to a tree nursery warehouse only

Clearwater town council has tabled a request to lift a covenant on a property located on Bain Road next to Highway 5.

The property, presently owned by Traub Holdings Ltd., is zoned Light Industrial but has a covenant registered on its title that restricts use of the land to a tree nursery warehouse only.

The covenant was placed on the property in 1986 during re-zoning. Concerns had been raised at that time regarding allowing industrial uses in a rural residential neighborhood.

When the present owners purchased the property in 2013 they were unaware of the covenant. They subsequently began operating a trailer and equipment rental, sales and repair business.

At least two letters were received from neighbours, both against removing the covenant.

However, a petition in support of removing the covenant received nearly 40 names of Clearwater and area residents.

During a public hearing held prior to the Nov. 1 town council meeting only one person spoke. Dave Miller, who lives across Highway 5 from the property, said the covenant should be removed.

“He’s just making a living the best he can,” he said of property owner Cal Traub.

During the discussion, councillor Ken Kjenstad noted that removing the covenant could open up the property to unforeseen uses.

Permitted uses under the Light Industrial zoning include waste management, medical marijuana production and wood processing, Mayor John Harwood observed.

Dennis Greffard said that this was the second time in the past year that property owners have come before council to ask that a covenant be lifted that the owners had not been aware of when they purchased the property.

There was some discussion about whether the lawyers and real estate agents involved were doing their jobs properly.

Chief administrative office Leslie Groulx said there was no economical way the municipality could search through the titles for all the properties within its boundaries to find which have covenants placed on them and which do not.

District of Clearwater had therefore passed a policy stating that it was not legally responsible, she said.

Councillor Barry Banford made the motion that the recommendation to remove the covenant be tabled and that staff be asked to come up with more options (tabling means the motion is neither passed nor rejected, but will be discussed at a later meeting).

 

The motion with its new options likely will be brought forward during the Nov. 15 or Dec. 6 town council meetings.

 

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Williams Lake First Nation inks historic cannabis deal with B.C. government

The agreement paves the way for WLFN to sell cannabis to the government, and open stores across B.C.

Unofficial holidays: Here’s what people are celebrating for the week of Sept. 20 to 26

Rabbit Day, Hobbit Day and One-Hit Wonder Day are all coming up this week

Interior Health reports three additional COVID-19 cases in region

The number of cases in the region since the beginning of the pandemic are now at 492

Vehicle found “burnt to a crisp” off of Hwy 5

Update from Clearwater RCMP detachment

COVID-19: 4 more deaths, 366 new cases in B.C. since Friday

A total of 8,208 people in B.C. have tested positive for COVID-19 since January

16 COVID-19 cases reported in Interior Health region

One person is in hospital and 34 people are isolating

Group wants Parliament, courts to hold social media to same standard as publishers

Daniel Bernhard made the comments shortly after Friends of Canadian Broadcasting released a research paper

B.C.’s Chase Claypool catches first NFL touchdown pass

Abbotsford grad establishes new record for longest scrimmage TD by a Canadian

B.C. has highest number of active COVID-19 cases per capita, federal data shows

B.C. currently has 1,803 active cases after weeks of COVID-19 spikes in the province

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

181 days gone: Family continues to look for man last seen in RCMP custody 6 months ago

Brandon Sakebow’s last known location was leaving Mission RCMP cell, police say; family has doubts

B.C. unveils new cannabis sales programs to help small, Indigenous growers

Government did not say how it will define small producers, but says nurseries will be included in the policy

Most Read