Shawn Driver, the owner of Driver Enterprises in Sooke. (Sooke News Mirror)

Shawn Driver, the owner of Driver Enterprises in Sooke. (Sooke News Mirror)

Sooke sues business over zoning issues

District claims property ‘non-conforming’ for nearly 20 years

The District of Sooke is suing a welding and repair shop business alleging it’s contravening several bylaws.

The district’s statement of claim was filed at the Supreme Court of B.C.

The statement alleges Shawn Driver and Driver Enterprises is contravening the district’s Small Scale Agriculture bylaw by using the property at 5536 Sooke Rd. for a welding, fabricating, repair shop, and used vehicle business.

The district also claims Driver built up the property without appropriate permits, including a business licence and development permit.

Allegations contained in the statement of claim have not been proven in court.

In a response to civil claim, Driver stated he’s not in contravention of the original bylaw – Agriculture – and has not made any further use or new uses of the land since the district rezoned the property in 2013.

Driver denies he was in contravention of other district bylaws and permits requirements.

Driver’s response to civil claim also stated on many occasions since September 22, 2000, district staff have interpreted the bylaws and assured Driver that the property’s use was “lawful” and “lawfully non-conforming.” Those interpretations convinced Driver to invest in the property.

The long-running issue was noted in an administrative report to council citing events dating back to 2002. But the issue seemed at least partially resolved in January 2019 when council passed a bylaw to allow for temporary use permits for historic non-conforming non-residential uses in the Gateway Residential area, including Driver’s business.

It was noted at the time that it was possible the new official community plan could allow Driver’s business to be acceptable use in the area.

Driver applied for the temporary zoning variance but was denied by council due to “lack of information.”

In the civil claim, the District of Sooke wants a court injunction from letting Driver use the property as a welding, fabrication and repair shop and remove any unauthorized development and buildings.

No date has been set for the B.C. Supreme Court hearing.

RELATED: Sooke council threatens to close long-time business

RELATED: Zoning bylaw debate devolves into tearful accusations



editor@sookenewsmirror.com

Like us on Facebook and follow us on Twitter

CourtSookeSooke council

Just Posted

Greater father involvement in the home leads to improved childhood development and increased marital satisfaction, says expert. (Black Press Media file photo)
University of Victoria researcher finds lack of father involvement a drag on gender equality

Working women still taking on most child and household duties in Canada

Emergency health services treated a person after they were blocking traffic at the intersection of Fort and Douglas Streets on June 17. (Evert Lindquist/ News Staff)
Victoria intersection traffic returns to normal after protester blocked roadway

A person in a motorized wheelchair was blocking the intersection at Fort and Douglas Streets

New COVID-19 cases on Vancouver Island by local health area for the week of June 6-12. (B.C. Centre for Disease Control image)
New COVID-19 cases up on Island, but health officials say trends going right way

There were 22 new COVID-19 cases in Greater Victoria last week after just four the week before

With local high schoolers unable to have a traditional graduation ceremony due to COVID-19 restrictions, Amica Douglas House celebrated the momentous occasion of eight of their dining room servers. (Courtesy Amica Douglas House)
8 Greater Victoria teens don fancy dresses, celebrate grad with seniors

With celebrations nixed, Amica Douglas House hosts event for its serving staff

Eric White’s roadside farm stand in Metchosin sits stocked with produce. (Photo courtesy of Eric White)
Fledgling Metchosin farmer frustrated by thefts from stand

Eric White said every dollar made at the roadside helps sustain his farm

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

(Black Press Media file photo)
POLL: When was the last time you visited the mainland?

The films are again lighting the screens at local theatres, the wine… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of June 15

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

The Co-op gas station at Whiskey Creek is burning after a camper van exploded while refueling just before 4 p.m. on Thursday, June 17, 2021. (FACEBOOK PHOTO)
Exploding camper van torches Highway 4 gas station between Qualicum Beach and Port Alberni

Highway traffic blocked after Whiskey Creek gas station erupts into flames

Helen Austin performing with Trent Freeman at the 2018 Vancouver Island MusicFest. Austin is one of the many performers listed for the 2021 event.
Vancouver Island MusicFest goes virtual for 2021

Black Press to stream 25 hours of programming July 9-11

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

A Heffley Creek peacock caught not one - but two - lifts on a logging truck this month. (Photo submitted)
Heffley Creek-area peacock hops logging trucks in search of love

Peacock hitched two lifts in the past month

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

Most Read