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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Bystanders attend to a cyclist who is knocked to the pavement of Oak Bay Avenue. Witnesses say the cyclist was knocked off their bike in a dooring incident on Oak Bay Avenue at Fell Street at around 12:40 p.m. on Wednesday. 
(Daniel Opden Dries Photo)
Cyclist ‘doored’ on Oak Bay Avenue

Incident occurred at Oak Bay Avenue and Fell Street

Salon owner Philip Ferreira with the PPE collection box at The Natural Hair Salon, 618 View St. (Mariah Johal photo)
Victoria salon inspires more mask recycling

Anyone welcome to drop disposable masks in bin outside View Street shop

The growing field lacrosse program at Royal Bay Secondary has produced a number of scholarships for its players to American universities, starting in the fall 2021. (Aaron Guillen/News Staff)
Five Royal Bay students sign Lacrosse scholarships at U.S. universities

“It’s a village that raises these kids,” says lacrosse coach

Many community events take on a Christmas theme as Dec. 25 approaches. (File - Metro Creative)
TOP 4: Sooke Rotary online auction starts Friday

Some suggestions for your week ahead

10,000 Tonight, one of the West Shore’s largest food drives, will look drastically different at Edward Milne Community School this year. Grade 12 student Genelle Hill (left) and vice principal Todd Powell said they will only be collecting monetary donations. They will also be launching an online auction from Nov. 30 to Dec 11 to raise funds. (Aaron Guillen/News Staff)
Sooke’s high school to launch online auction for 10,000 Tonight

Online auction goes live from Nov. 30 to Dec. 11

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

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 Nov. 24

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

An excavator was stolen from a rural property south of Nanaimo this month, say police. (Photos submitted)
Excavator stolen from property south of Nanaimo

Bobcat Mini believed to have been stolen between Nov. 12-14, say RCMP

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
B.C. mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

(AP Photo/Haven Daley)
POLL: Do you think the current COVID-19 restrictions should continue beyond Dec. 7?

One week into the new restrictions to curtail the spread of the… Continue reading

Picture of two swans leaving the Cowichan estuary moments before one was shot out of the sky. (Submitted photo)
Petition to stop hunting in Cowichan estuary after swan shot

Hunters blame shooting on illegal poachers

Bob Higgins pulls the gate across on the elevator built inside his home. (Photo by Don Bodger)
Island man’s expertise earns international award with home-built elevator

Experience put to use in winning contest entry for furniture and home projects

Barrels pictured outside Oliver winery, Quinta Ferreira, in May. (Phil McLachlan - Black Press Media)
B.C. Master of Wine reflects on industry’s teetering economic state

Pandemic, for some wine makers, has been a blessing in disguise. For others, not so much.

Most Read