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Senior stymied in effort to split half-acre North Saanich property in two

Barbara Tolmie wanted to turn her property into two lots so her son could build a home next door and support her as she ages

As far as 83-year-olds go, ­Barbara Tolmie has to be among the most active. The long-time North Saanich resident recently jetted off to Italy to compete in the world championships of dragon boat racing.

But Tolmie knows it’s likely only a matter of time before she needs help in her day-to-day life.

“I could have a stroke tomorrow,” she said in an interview at her North Saanich home.

That’s why Tolmie is hoping to subdivide her almost half-acre property at 8511 Bexley Terr., just off the Patricia Bay Highway, into two equal-size lots of 10,700 square feet (1,000 square metres).

She would remain in her home on one lot and her son Barry Tolmie, currently living in Saskatchewan, would build a home on the other, where he could retire and support Tolmie as she ages.

“There’s nowhere in North Saanich to go. There are no small lots to build on. There’s no retirement home,” she said. “I do not want to leave my community at my age. Now to pick up and move to a new community and make new friends at my age. It’s just too much. I can’t handle that.”

Tolmie applied last year for an amendment to the Official Community Plan and zoning bylaws to divide her property into two lots. But in a vote that her family says is indicative of an anti-development attitude in North Saanich, her application was rejected in July.

Development has become a major flashpoint in the municipality, with deeply divided views over how much development is appropriate — or whether there should be any at all.

The district’s OCP review, which sets out the vision for future land use and development, has dragged on for more than four years. The rancorous process has resulted in the resignation of a consultant and the loss of senior staff members.

The district’s chief administrative officer was offered $300,000 to leave his position last year because of “differences of opinion” over the OCP, Mayor Peter Jones previously told the ÎÚÑ»´«Ã½.

Tolmie does not support mass development in the district and said she’s committed to maintaining the character of her residential neighbourhood, which is mostly single-storey homes relatively close together.

“We have an area where it would make sense to have moderate growth by looking at each of the properties that want to subdivide and say: ‘This makes sense. This doesn’t make sense.’ But they claim spot zoning is the death of North Saanich,” she said.

Deane Strongitharm, a land-use consultant who represented Tolmie during her subdivision application and a similar previous application in 2020, said an application like Tolmie’s would very likely be approved in other municipalities.

“It is hard not to question the decision that was made not to approve it. It wasn’t impacting neighbours. It wasn’t a panhandle lot. It wasn’t interfering with people’s views and not creating any overlook on neighbours. … It really is hard to understand the decision that was made,” he said.

It’s a frustrating situation for Barry Tolmie, who travelled to North Saanich from Saskatchewan when his mother’s application went to council. He has been hoping to move his family home to North Saanich but can’t afford to do so without moving to his mother’s property. He feels he’s in a holding pattern now, unsure of what to do.

“Where do we go from there? It’s a big decision as to what are our next steps. Do we stay [in Saskatchewan] for a little bit and do we start then looking up Island? Do we wait another two years and see what happens?”

Barry Tolmie, who works as an an air ambulance pilot, said he spent 22 years as a search and rescue helicopter pilot with the military, which meant moving around a lot, but Vancouver Island was always home.

It may not be possible for him to return to ÎÚÑ»´«Ã½ now, he said.

In an interview, Jones said he voted against the proposal because the property is “too small” under the current zoning to be subdivided.

The minimum lot size permitted under current zoning is 1,400 square metres or 15,000 square feet.

Jones is anticipating a draft OCP to come to council by the end of the year, which he said could provide guidance on minimum lot sizes for subdivision.

The staff report that went to council on Tolmie’s application recommended council deny the application to amend the OCP and zoning bylaw.

On its own, the proposal would have minimal implications on existing infrastructure, but if neighbouring properties were similarly developed, capacity improvements would likely be needed, the report says.

Only councillors Jack McClintock and Phil DiBattista voted in favour of the application.

McClintock said he struggled with the application the last time it came before council, calling it one of “possibly the most difficult decisions of my time on council.”

He said he voted against the application in 2020 to be consistent with other applications that had been denied, but noted that a similar application was subsequently approved.

In an interview, McClintock said when Tolmie’s first application came to council, the district was close to completing its OCP review and the finished document might have provided guidance on her variance request.

However, the majority of councillors elected in October 2022 chose to take a different approach to the OCP, “which delayed everything.”

With the timeline of the OCP now unclear, he felt the application merited approval from council.

“I hope that applications like this continually come before council,” he said.

Coun. Celia Stock said she felt conflicted because the application does not fit within current zoning or OCP guidelines, but she’s sympathetic to Tolmie’s situation.

“For me, it’s a really difficult decision,” she said.

DiBattista noted that there are already 11 properties in Tolmie’s neighbourhood that are below the minimum at 10,700 square feet (1,000 square metres) and are considered legally non-conforming.

“We’re not talking about Ardmore, where every property is an acre and a half. We’re not talking about Lands End, where those lot sizes are very rural. This is already a community that is all half-acre lots. … Nobody is going to notice this house,” he said.

DiBattista, who was on the district’s planning commission when Tolmie submitted her original application in 2020, said at the time, the OCP review was expected to be complete in 12 to 18 months.

“I think even the applicant understood ‘12 to 18 months, we can wait.’ And here we are 48-plus months later,” he said.

After having her first application rejected because an OCP review was underway, Tolmie waited three years to try again, but completion of the OCP review has been pushed back and she’s not feeling hopeful lot sizes of 1,000 square metres will be allowed in the updated plan.

Tolmie has collected dozens of signatures from neighbours in favour of her application, two of whom addressed council to express their support.

Gwen McEwen told councillors they have a complete lack of understanding of the demographics of North Saanich.

“We’re all going to be old one day. We’ll lose our spouse or our partner. We’ll be on fixed incomes. Our health will deteriorate. We’ll be vulnerable on all those fronts and we’ll need the help with aging,” she said.

Lori Pruce accused district staff of fearmongering by saying in a staff report that approving the application could set a precedent and that council should consider implications for the neighbourhood if other properties densified in a similar manner.

“If [that] many more people apply to subdivide as the author suggests, it is strong evidence for a high level of support for development in this neighbourhood. We already know that from neighbourhood engagement sessions. Development and sensitive infill is strongly supported,” Pruce told council.

“I wonder if the author is warning council not to open the gates to this community to others. Is the thinking that keeping properties large and costly keeps everyone but the rich out?”

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