On the advice of legal counsel, the Town of Oliver has reversed its decision on the proposed duplex development on Tucelnuit Lake.
On Monday night, council revisited the original motion on Zoning Amendment Bylaw 1350.02 and held another vote. Council members unanimously defeated it.
The original vote paved the way for developer Michael Megale to construct five duplexes (10 living units) at 7034 Tucelnuit Drive (fronting the lake).
But neighbours Jim and Marion Wyse launched a civil lawsuit against the Town, arguing that the zoning amendment allowed a greater density than what was permitted in Oliver’s Official Community Plan. The petitioners also claimed that council’s actions were contrary to the Local Government Act.
Despite opposition to the development at two public hearings, council narrowly voted in favour of the rezoning, with Mayor Ron Hovanes breaking the tie vote.
After the civil suit was launched, Hovanes said council would revisit the issue on November 24.
On Monday night, the Chronicle asked him why council changed its decision.
“The people in opposition sought legal advice, and we sought legal advice.”
Council thought the best thing to do was vote down the original motion, Hovanes said.
The mayor stated that it was time to review the Official Community Plan and “look at the lessons learned.”
Hovanes stated that the Megale property reverts back to its original zoning (low density residential) prior to the application.
Neither Wyse nor Megale could be reached for comment by press time Tuesday.
