By Lyonel Doherty

The Town of Oliver believes a covenant should be removed on an agricultural property to allow a farmer to build a house on it.

On Monday council approved a non-farm use application by the Khela family at 1066 Road 2.

Council heard that the original property owner subdivided the land three times (to build houses on it) until the Agricultural Land Commission (ALC) put a stop to it via a covenant in 1997. This prevented any more houses from being built there.

But Khela applied to the ALC to remove the covenant because she wants to live on the property while working there.

It was noted that building a new house on the property would require the removal of some of the existing orchard (trees).

Randy Houle, the Town’s director of development services, said single detached dwellings are permitted in the agricultural zone. He noted this dwelling would have a minimal effect on the 9.3-acre property.

But Councillor Dave Mattes said he wouldn’t support the application on the basis of why the ALC put the covenant there in the first place.

“But more importantly, there are numerous lots and houses for sale in the immediate area that could provide a home for that landowner or farmworkers.”

Mattes added that the owners were aware of the covenant when they purchased the property years ago, so why would council override it?

Fellow Councillor Petra Veintimilla said she was a bit surprised that the covenant was placed on such a large property.

“To have a near 10-acre property that you can’t have your home on seems a bit strange.”

Councillor Larry Schwartzenberger said a property this size could and should have a house on it if the owner desires.

“We are not overriding anything; we are giving our opinion and it’s still up to the ALC whether they approve it or deny it.”

Councillor Aimee Grice said she was in favour of the application but wanted council to stipulate that it can’t happen again.

But Mattes argued that’s why the original covenant was established after the ALC said “enough is enough.”

“This is farmland, not a housing development, and that’s what the ruling was.”

But Veintimilla said the applicant is not asking to subdivide the lot again, only to build a house on the property.
Bill Ross, agent for the applicant, said the ALC’s knee-jerk decision to slap a covenant on the property seems a little unfair.

“I think after 15 years of Mrs. Khela operating the orchard, she deserves an opportunity to build on her property.”

Ross said the probability of another subdivision taking place on that property, on a scale of 1 to 10, is a minus 18.

But Oliver resident George Boychuk said allowing another building on that property is the wrong decision.

“All we’re doing is getting rid of more agricultural land (that we’re not getting more of), and that’s going to continue.”

Council approved the application, with Mattes being the only dissenter.