A local couple who were using their property to store recreational vehicles is in contravention to an RDEK bylaw, ruled a judge in B.C. Supreme Court on Tuesday.
Clayton and Maureen Augustine, who use their property, located just south of Cranbrook, for an automotive repair business and RV storage, were taken to court by the regional district, who argued that their RV storage was not permitted under the existing Rural Residential (Hobby Farm) zoning.
The Augustines argued that their RV storage business falls within permitted uses of the property and that a RDEK bylaw officer told them not to worry about the enforcement proceedings.
The issue was heard in Cranbrook Supreme Court last August in front of Justice Jennifer Duncan.
During that hearing, the Augustines argued that under the zoning of their property — Rural Residential — allowed the RV storage as an accessory to a permitted use, which include single family dwelling, duplex or farm operation, excluding feedlots. The Augustines relied on an accessory to a permitted use clause that they argued allowed the RV storage business.
Under RDEK zoning bylaws, RV storage is allowed on Service Commercial and Light Industrial zoned properties.
“The District asserts that an accessory use or a home based business must be customarily incidental and subordinate to the residential,” wrote Duncan, in her ruling, “or at least the farm use of the property, by virtue of their definition of accessory and home based business found in the bylaw.
“The Augustines focus their position on the subordinate nature of the storage business as it is not the dominant use of the land and therefore is subordinate and ancillary to the residential, farm and vehicle repair businesses currently being operated on the property.”
The Augustines applied to the Agricultural Land Commission (ALC) in 2013 for non-farm use of a 0.4 hectare plot of land on the property, however, their application was denied despite having support from the RDEK.
“The Commission’s concern with the proposal is that if approved the RV storage use of the property will become entrenched (and likely expand) to become the dominant use of the land, particularly given the location of this property on the highway near Cranbrook,” reads an excerpt from the ALC ruling.
Duncan ruled that the interpretation of the bylaw was at issue and also granted a declaration clarifying the permitted uses.
“I will grant a declaration that commercial RV storage operations are not an approved use,” wrote Duncan, “nor are they an accessory use that is customarily incidental and subordinate in the Rural Residential (Hobby Farm) RR-4 zone bylaws enacted by the District. Any commercial RV storage operation, such as the one operated by the Augustines, is in violation of the bylaws.”