The Cowichan Valley Regional District has filed legal action against a man who set up a tiny home on his property near Skutz Falls.
The district filed a suit in B.C. Supreme Court in Victoria this week against Victor Herbert Tyler, who owns more than a quarter-acre of land on Connolly Road, purchased in August 2019. It is described in a recent B.C. Assessment report as vacant residential land.
But according to the regional district’s petition to the court, after the land sale, three buildings were placed on the property, including a 269-square-foot tiny home, a pre-fab building of 194 square feet and a shed measuring 43 square feet.
No applications for required building or development permits have been submitted to the district, and the buildings are inside the site’s riparian development permit area, the district said.
A watercourse runs through the east side of the land and feeds into the Cowichan River about 150 metres from the property, the petition said.
Between 2019 and 2021, the district attempted to encourage Tyler to bring the property, zoned as suburban residential, into compliance with the district’s bylaws, without success, it says.
The district says the site is in breach of building, zoning and official community plan bylaws and B.C.’s Local Government Act.
The district is asking the court for an order requiring Tyler to demolish or remove the buildings within 45 days unless he obtains building permits, and barring anyone from living in the buildings and making any changes to them without needed approvals.
If Tyler does not remove the buildings, the district is asking for the authority to demolish or remove them.
Tyler could not be reached on Thursday. The court document gives a Mill Bay address for Tyler. He has 21 days to respond after being served.
Kris Schumacher, district communications manager, said he can’t comment on the specific case, but the regional district, like other local and regional governments, responds to bylaw infractions on a complaint-driven basis.
Ian Morrison, who represents Cowichan Lake South and Skutz Falls for the regional district, also would not discuss the case, but said as an elected official, he wants to ensure that when population increases in a community, needed services are in place, including potable water, sewer or septic requirements, and fire protection and ambulance service.
cjwilson@timescolonist.com
