Job Change from Bureaucrat to Realtor Equals Dose of Reality

Before becoming a commercial realtor, Craig Broderick was director of development services at Coldstream municipality.

Now that he's the listing agent for a two-acre C-2 zoned parcel on Kal Lake Road, it's his job to promote the land to the widest market possible.

That's where the problem arose.

Turns out the parcel had a couple of covenants on the title--placed by the municipality.


Back in 2008, the owners wanted to construct 24-foot by 24-foot cabins for tourism rentals, so they applied for rezoning from C-1 General Commercial to C-2 Highway and Tourist Commercial.  See Application for rezoning 07-017-ZON on page 2 of 4 here:

Advisory Planning Commission members raised concerns regarding full basements, full-time occupancy, length of use, ownership structure, and enforcement.  The zoning change was initially not supported, based on the proposal as presented.

A further Motion, by APC member Paul Christie, seconded by Wayne Samland, stated support for the concept of using the property for tourism-related campground use and that staff and Council be encouraged to work with the applicant to achieve that.

Subsequently, two covenants were placed on the property to address the stated concerns, which Council approved.

Fast forward to 2012.
Tourist cabins were never built, the property is for sale, and Craig Broderick is the listing agent.

Turns out these covenants (allowing tourist cabins) are barriers to the development--indeed the sale--of this property by prospective owners.
Duh! 
Whether a property is listed as C-2 Highway and Tourist Commercial, or C-1 General Commercial, a new owner will want the same opportunities here as he would receive with a similarly-zoned property in another community. 

In other words, natural justice ad procedural fairness.
Words foreign (especially) to this Mayor and Council.
And their Bureaucrats.
And the Advisory Planning Commission.

Nobody cared about the ramifications. In their collective minds, they were "working with the applicants".

I'm reminded of the covenant on the title of Highlands Golf.
Back in 2001 when Highlands was ready to open (after almost a year and a half of red tape), there was a hue and cry from some residents about hours of operation, and a covenant was placed on the property (1) can only operate during the golf season, and, (2) must close to the public 2 hours after sunset daily.

It was the "2 hours after sunset daily" that was unfair and inequitable, so I petitioned Mayor Postill and Council who, by the way, were the last good government this municipality has had).

In my request I stated:   Laws in B.C. covering local governance allow a Covenant to be legally removed without a new public hearing, which is the avenue Mayor Postill and Council elected. During a Council meeting in October of 2002, after discussion on the inequitable impacts of the Covenant (versus other golf courses' hours), a Resolution was passed which legally removed the Covenant.  All the details are here.

Six years later, imagine my surprise when I discovered the covenant was still in place! 

So I sought to have Mayor Garlick and Council remove it so that Highlands Golf wasn't in conflict with the liquor license which stated closing of 11 p.m. 

Coldstream's slide into quasi-socialism was evident as Mayor Garlick and his Council reinstated the "2 hours after sunset" closing.  Full details here:

So...go ahead, Craig Broderick, and get the covenants removed on that 2-acre parcel to make it more attractive and equitable and fair to a prospective purchaser.

Because Mayor Garlick and this Council ONLY understand issues when there's a legal quandary.

"Especially a precedent-setting quandary," offers Kia.