Northern B.C. developers, regional district squabble over building bylaws

Property owner Rob Herman says he believes he was in compliance over seven mini storage buildings constructed between 2014 and 2016 near Fort St. John at 10502 Alder Rd.  

The Peace River Regional District disagrees and intends to register a notice against the property’s title, noting no building permits were obtained for the construction of the storage buildings.

Herman and his business partner David Barnes, Silver Spirit Investments Ltd., met with the PRRD at their October 26 board meeting to discuss the situation, claiming they had asked the regional district if any permits were required in 2014, alleging they were informed permits were voluntary at that time.

“We’re definitely opposed to anything being registered against the title that would say that there’s a problem,” Herman said.

It’s alleged the buildings contravene the BC Building Code and PRRD Building Bylaw No. 2131, 2014. The buildings were created with pre-engineered and non-combustible materials, noted Herman, materials which he believes did not require permits.

“It took us two years to build the building, and not one person ever visited the site, and the district was aware, because they gave me the development permit,” said Herman.

“There is no risk to life or limb within our facility whatsoever,” wrote Barnes in an October 11 letter to the PRRD. “Agricultural buildings housing animals and farm employees would have more occupancy than our facility and would have greater risk to life and limb.”

According to PRRD agendas, their records indicate a development permit was issued for the construction of a 35,000-square-foot mini-storage building on the property.

However, PRRD CAO Shawn Dahlen said they still should have applied for permits, as there was a mandatory requirement in 2014, though there was a one-month transition period in 2013 where the PRRD halted issuing permits until the 2014 bylaw came into effect.

Herman says he doesn’t have any documentation proving he didn’t need a permit at the time, as he sold his previous company, Sterling Management, and lost correspondence in his old email data.

The PRRD attached the 2014 issued development permit to their October 26 agenda, which states it was “provided in regard only to construct a 35,000 ft² mini-storage building” and that “This Permit is not a Building Permit.” 

Development permits only authorize zoning, whereas permits would have been needed for each individual building. 

 “If the PRRD decides to proceed with the registration of a notice on title, this registration will negatively impact the value of the property and will be actionable in court by our clients,” wrote the Giesbrecht Law Corporation in an October 12 letter to the PRRD.