Residents living in non-compliant structures will not be removed so long as there are no risks to public health and safety
When Jawn Lafratta purchased his 17,000 sq.ft. property on Gabriola Island in 2017, he had a vision to build a tiny home village, a way to live and provide housing for the community he long wished to call home.
But that dream quickly disappeared.
Faced with bylaws that wouldn’t allow for secondary suites, he pivoted to a 1,500 sq.ft Nickel Brothers house to live in and rent out the remaining rooms. While the house was compliant with Gabriola bylaws, Lafratta could not count the income from renting rooms in the house he lived in as income toward his mortgage.
Lafratta decided to rent the house to a family of five, and moved to the lower mainland, unable to both keep his property and live on it. This changed, however, when he lost his job.
Not knowing what to do, and unable to afford to stay in Vancouver, he turned back to tiny homes.
“I was reading up about tiny houses, and I thought the most logical thing for me to do is to move to Gabriola Island,” says Lafratta.
“I don’t want to kick out this family, because they’re wonderful tenants.
“They’re wonderful people. If I kick them out, where are they going to go? They’re not gonna be able to find another place to live on Gabriola.”
Hearing of a new moratorium on non-compliant structures on Gabriola, he purchased a tiny home to live in so the family could keep their home.
Understanding Gabriolan resistance to density, largely because of available resources on the island, Lafratta says he introduced himself to the neighborhood, and explained to each of them what he was doing and why he was there.
All but one person was agreeable to Lafratta existing on his property in a non-compliant structure. Moratorium or not, Lafratta says this person allegedly confessed to filing complaints with Islands Health and Islands Trust.
These, he says, are health and safety concerns to do with water usage, septic capacity and setback space on the land. All of which Lafratta says he satisfied Islands Trust standards.
Lafratta says he was told even though he satisfied Islands Trust that there were no health or safety issues, it was non-permissable for him to live in a non-compliant structure under current bylaws.
“It was very upsetting to hear that, because then I went through this thought process, like what am I gonna do? Do I have to kick my tenants out now and live in the house, even though I don’t need this big house, and they’re gonna have to find somewhere to live?” says Lafratta.
Calling Islands Trust to ask these questions to them, he was informed that, even though they are aware this is a non-compliance structure, they are not enforcing people to leave their non-compliant structures, so long as they do not pose a risk.
In October 2022, the Local Trust Committee received a report regarding a non-enforcement policy for non-compliant dwellings and adopted Standing Resolution GB-2022- 089. At the time, they were clear that this does not constitute permission for non-compliant buildings to be created.
Warren Dingman, bylaw enforcement officer with Islands Trust says tiny homes operate within the bylaws as detached secondary suites, and confirmed that on Gabriola Island they are not enforcing people to leave who live in non-compliant structures as long as they do not pose a health and safety risk to the public, citing lack of available housing one of the reasons for the policy.
Dingman says Gabriola Island’s compliance and by law enforcement policy. In section four of the policy, under priorities, dwellings will be deferred unless there are: 1. contraventions in development permit areas; 2. environmentally sensitive areas, 3. concerns about health and safety; or 4. lack of an approved septic system.
He adds they may also choose to enforce the bylaw if it’s determined there is contamination of wells or other drinking sources.
People have real concerns about this he says, especially after the 2001 Ontario Walkerton incident, where sewage contaminating drinking water with E. coli led to the deaths of seven people.
“On all the islands, it really terrifies people. It really does, and not everyone gets that,” says Warren.
Warren also says on Gabriola it’s all about density. The bylaws require a land size of two hectares, in order to have any type of secondary residents or suites, and Lafratta’s property would not meet this criteria.
This is for a reason. He says many islanders live in fear of their wells going dry and with extra density, it adds more water. Another fear is neighbors not having a proper septic system and disposed meters away from their wells, at risk of contamination.
Lafrattas reports his property was found to be well within normal water usage limits, and his septic inspection found it has the capacity for the family of five plus himself.
Should Islands Trust choose for whatever reason to start enforcing bylaws on so-called compliant non-compliant structures, Lafratta says there is no plan B.
“This is where I want to live. I love living on Gabriola. I love my neighborhood, love my tenants and the property, and this is where I’ve been wanting to live since I purchased the property eight years ago,” he says.
With files from Derek Kilbourn
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