By Sebastian Kanally, Times Chronicle
A “perfect storm of disaster” is how the mayor of Oliver described a new housing proposal, yet the town approved the development permit because they lacked any ability to say no due to provincial legislation forcing municipalities to allow higher housing density.
The owner of 5791 Sawmill Road in Oliver is proposing to build a four-unit townhouse on one of seven lots in the cul-de-sac. With the intention of eventually developing six of the seven lots the same way to construct a subdivision of dense housing.
The project comes after the new Small Scale Multi Unit Housing (SSMUH) legislation is now in effect, which limits the town’s ability to say no to developers when it comes to increasing housing density.
Since the developer only requires a development permit for this proposal, council only has the ability to comment on the “form and character” of the proposal. Essentially the only way the town could impact the proposal is the finishing, the aesthetics, or the landscaping or the building.
“They are not applying for a variance, they are not applying for anything special, there is really nothing that council has the ability to say no to,” Councillor Petra Veintimilla explained.

Lot map of the subject property at 5791 Sawmill Road. The owner has the intention of eventually building on lots one through six. Town of Oliver image
One issue that Mayor Martin Johansen had with the proposal is that it has been in front of council before. Before the new SSMUH legislation was passed, the town made the developer concede to certain requirements.
Some of the things they were concerned about at that time are going to be “exponentially magnified in this development,” Johansen explained.
“Those decisions were taken out of our hands, and when we first had this conversation, we had a lot of debate and changed it so the cul-de-sac could work, and there would be on-street parking, and room for garbage. Now we have this thing we helped create, with the help of the province, that is worse than the original proposal that came in front of us.”
Johansen continued, “I don’t have the ability to say no to this, but if I did it sure would be no. I don’t think this is a positive move forward.”
The design of the buildings, with individual driveways so close together, will effectively eliminate any on-street parking. With the potential for the entire parent parcel of land being developed the same way, “on-street parking on the entire block may one day be eliminated,” the report to council noted.
Johansen was happy to hear that the dwelling units were at least three-bedroom units, which he said the community needs.
Councillor Aimee Grice however, was the anomaly in the discussion in that she was excited about the project. “I think it will be a good demonstration of if and how this new legislation is going to work in our community . . . Let’s see what happens, I am glad to see this.”

5791 Sawmill Road ready for building. Don Urquhart photo
The parking requirements in the new legislation requires that the developer provide 1.5 spaces per dwelling unit. The proposal does have eight parking spaces, so the proposal is within the requirements.
Veintimilla explained “I know these are the regulations we now live with, and it’s just the way that it is, but it’s a little bit frustrating.”
She explained the discussions before were about “whether a new development creating a new neighbourhood with duplexes was even appropriate for the space, and now we are going to be fairly tightly crammed if they are all four-plexes.”
The development permit was approved, subject to the town receiving a landscaping deposit for 125 per cent of the estimated landscaping costs which equals $26,643.75.
The landscaping plans include xeriscaping in the front, with some grass and plants in the backyards.

