BCAB #1397 - Definition of Single Family Dwelling: Caretaker's Quarters

May 17, 1995

BCAB #1397

Re: Definition of Single Family Dwelling: Caretaker's Quarters

Project Description

The project in question is a three level house with quarters for a live-in caretaker on the bottom level. There is no internal stair between the bottom level and the level above and the caretaker's quarters contain cooking, sleeping, living and sanitary facilities.

Reason for Appeal

The building has been classed as a two family dwelling which makes it a non-conforming use under the zoning bylaw.

Appellant's Position

The appellant considers it to be a single family dwelling and points out the similar circumstances of Appeal #1228 where the Board determined that servant's quarters did not constitute a suite and should not be considered a separate dwelling unit.

Building Official's Position

The building official maintains that the building contains two dwelling units and falls under the definition of a two family dwelling in the zoning bylaw.

Appeal Board Decision #1397

It is the determination of the Board that the lower level of the building in question constitutes a suite as defined in the Code because it is capable of separate tenancy. Therefore, by definition, the building contains two dwelling units.

George R. Humphrey, Chair