Residents React to Proposed Bylaw Changes

Public hearing focus falls on short-term rental amendment

Residents came out in force to have their say at the public hearings into the amendments of two elements of the Village's Zoning and Development bylaw.

Nearly three dozen residents were present for the hearings both online and in person, with many clearly just out to learn more of the proposed changes. In his disclaimer before each hearing, Mayor Ken Berry noted that questions would not be entertained, as the purpose of the hearing was strictly for members of Council to listen to resident opinions.

The first zoning bylaw amendment addressed what CAO Ross Blackwell called "a relatively minor text change" in the part of the bylaw defining front yard and rear yards on waterfront property.

There were no written submissions addressing this amendment.

Longtime Brunswick Beach resident and local architect Russ Meiklejohn was the only speaker to address the issue. He said that to his knowledge the concept of setback averaging has never applied in Brunswick Beach, and he was concerned that might change or get lost with the new amendment wording.

The second zoning bylaw amendment addressed short-term rentals (STRs) in the Village, and received the bulk of the attention at the Public Hearing. Blackwell said that the purpose of the amendment is two-fold: to modernize and clarify language around the provision of short-term rentals in the Village, and to ensure the bylaw is lawful and enforceable, in line with recently updated provincial regulations.

"It's important to note that these amendments do not introduce any new permissions or prohibitions to the existing bylaw," Blackwell said. "The Village already regulates short-term rentals, so there's no substantive change to that."

He added that the existence of STRs in the Village was not up for debate at the hearing, and that only comments on the amended wording in the bylaw would be considered.

Written submissions on the topic were received from Lions Bay residents Gail Craig, Ingrid and Andrew Wray, Brian Hedberg, Penny Nelson and Leslie Nolin.

In her letter, Nelson expressed concern that not enough information or notice was provided to residents regarding the proposed amendment. "The publicity and information provided to residents about both the hearing and process have not been sufficient so as to encourage meaningful participation," she wrote.

Among Nelson's list of concerns is that no fines are set for those who don't follow the rules. "The bylaw does not set fines for owners who break the rules or continue to break them. There are several known repeat offenders who have never been fined. Now that the policy requirements are to be included in a bylaw, surely fines are required?"

Leslie Nolin was the first resident to speak, and asked why the wording in the document had not been "red-lined" to show where changes had been make. Blackwell reminded her that the public hearing is not to answer questions, but to hear resident opinions. Nolin then noted that there would be less confusion were residents shown a red-lined version of the amended bylaw.

In a second comment, Nolin stated that she thought enforcement of this bylaw would be a good use of the current Bylaw Officer's time, particularly out of the summer season when there are fewer parking issues to address.

Marysa Lague spoke next, pointing out that the amendment states that STRs will not be allowed on parcels of land that are not hooked up to a sewer system or have a septic system that is up to the job. She said she'd like to flag to Council that the amendment does not note how the Village will determine if the septic is adequate.

Nelson also spoke in person. "My main concern, now that the Temporary Use Permit policy has been voted down, is that many of the safeguards in that policy were in response to resident input about problems that were being experienced at the time, and many of these have been done away with entirely, or softened."

She expressed concern over the number of unregistered Airbnbs, the softening of the 10 p.m. to 8 a.m. quiet time and parking specifics. She also echoed Lague's concern over adequacy of water and sewage systems. She noted that out of the summer season, there is often no bylaw coverage on evenings and weekends, so enforcement of any regulations will be compromised. And she suggested that any member of Council who might have a perceived conflict of interest recuse themselves from the decision-making process.

Nelson reminded Council that in addition to the short notice for the public hearings, that no links were provided to the documents or the outgoing policy for people to inform themselves. "It has been an exceptionally poor process in my view," she said.

Resident Tamara Leger said that she found the experience of a neighbour running an unregulated Airbnb very distressing, and that the character of a neighbourhood changes when someone commercializes a residence. She also expressed concern that when garbage disposal rules are not followed there is increasing bear and raccoon activity. She added that monitoring and enforcement of the existing bylaw is not currently taking place, and that a system needs to be put in place to address unintended consequences of STRs.

Leger said she would like to see a cap on the number of Airbnbs allowed in the Village. "I would guess that 98 percent of the people who bought homes here in Lions Bay didn't purchase their home intending to live next to a hotel filled with rotating transient travellers."

New Kelvin Grove resident Vincent Reiche said that he felt the original policy was more "concise and unambiguously" worded, and he would like to see the same strong wording in the bylaw amendments. He echoed earlier concerns that where the policy required an agent be available within the Village when the STR is in use, this specification is absent in the bylaw amendments, as well as about street parking, and enforcement of quiet times.

Brunswick Beach resident Larry Silzer complained about being served notice by a bylaw officer when he said the Village "knows full well we have been operating an Airbnb for over a year." With regard to the amendments, he said that the number of parking spaces should reflect the number of bedrooms or guests allowed, and smaller airbnbs should only require a single space. He also expressed concern over the associated application fees, which he feels are too steep, particularly for locations that aren't frequently rented, and that the fees should only be paid every two years, rather than yearly.

Christine Norris of Brunswick Beach said she agreed with all Silzer's concerns and complained that she only received three days' notice of the evening's meeting, which she felt was insufficient. She also noted that the fees she pays for her Airbnb in Vancouver are $80 per year, and feels the fees in the Village are unreasonably high. She says the high fees will "force people underground," and wondered how they were decided upon.

Taharah Mirzaghafour reiterated that Airbnb is a business, and echoed previous concerns that the fees are too high.

Blackwell said that staff will consolidate the information gathered from the hearing, answer some of the questions and provide a report to Council. After this, Council will consider the next reading of the bylaw. He also said that he is happy to answer questions regarding the bylaw by email (CAO@lionsbay.ca) or in person at the Village Office.

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