Renting residences and guest cabins on Lasqueti - what is possible

Renting residences and guest cabins on Lasqueti Island - What is possible

There is some confusion about what is possible and legal on Lasqueti about renting residences and guest cabins. This information has been checked by the Trust's Bylaw Enforcement Manager and by our planner.

Each legal residential parcel on Lasqueti in the Land Based zone (most of the island) can have one house and one guest cabin. Larger properties can have one house and one guest cabin per 4 hectares (9.88 acres). On the outer associated island, larger properties can have one house and one guest cabin per 8 hectares (19.76 acres). The remaining zone - Watershed Protection - can have one house and one guest cabin per 65 hectares (160 acres).

Guest cabins must not be larger than 56 square meters (602.7 square feet) in floor area. Guest cabins are to be used for the accommodation of non-paying guests of the occupants of the residence on the same parcel. It is not a dwelling and is not to be used for long term rental purposes. A guest cabin may only be used as a commercial short-term rental of less than 30 days provided the appropriate Commercial 3 zoning is in place.

A house or residence can be occupied by the owner, or by a long-term renter. Long-term means for a period not less than a month, and usually continuing on a monthly basis.

The Commercial 3 - Tourist Accommodation (C-3) zone allows the short-term (less than 30 days) rental of guest cabins. The whole parcel or just the part of it where the guest cabin(s) are located is zoned commercial. This likely will have some effect on assessment and property tax for the property.

Bed and Breakfast operations are legal in all dwellings/residences. Up to three bedrooms in the home can be rented out as long as the bedrooms are located in the home. The home must be the permanent residence of the owner or occcupier(s), and the bed and breadfast, as well as overnight visitor accommodation, are the only services provided at the Bed and Breakfast.  There is no necessity to rezone the property to operate a Bed and Breakfast. There might be some effect on assessment and property tax, but it might be only the assessed value of the house.

A Temporary Use Permit (TUP) can be applied for to permit short-term rental of guest cabins. The permit is good for three years, once granted, and an extension of three more years is possible. Cost of applying for a TUP is $770, and a renewal is $165.

A rezoning to bring a parcel, or part of a parcel, into the Commercial 3 zone is possible. The C current fee for a rezoning application/Land Use Bylaw amendment is $3,520.  If a new zone or a use that is not currently included in our Official Community Plan (OCP) is requested, fee for an OCP and LUB amendment is $4,400. I believe there is a provision for shared applications for multiple applicants for rezoning from the same zone to the same zone.

These rules were agreed to by the community. If there is broad community agreement to do so, we could change the rules. We hope that having this information. many people will be able do what they would want, legally and properly.

If you have any questions or comments, please contact me, or one (or all) of the other Lasqueti trustees:

Peter Johnston    pjohnston [at] islandstrust [dot] bc [dot] ca    8785
Susan Morrison   smorrison [at] islandstrust [dot] bc [dot] ca    8589
David Graham (Lasqueti Trust Committee chairman)     dgraham [at] islandstrust [dot] bc [dot] ca
or all three of us    laltc [at] islandstrust [dot] bc [dot] ca

Comments

How does this apply to.....

Just wondering how this would apply to someone who wants to have their adult child or elderly parent live in the "guest cabin"? And what happens if this person also contributes cash for rent?

Thanks,
Scott

This applies to ...

The bylaw says "Guest cabins are to be used for the accommodation of non-paying guests of the occupants of the residence on the same parcel. It is not a dwelling and is not to be used for long term rental purposes."

I think the nature of guests is that they are usually temporary. Elderly parents will usually more temporary than adult children. The bylaw is clear that no rent should be paid or expected/collected. The situation is less clear when guests help out around the place.

The bylaw is clear that guest cabins are not dwellings and are not to be used for long-term rental purposes. I assume this also applies as long-term residences, so your guests should not turn into residents.

The two principles that I've heard over the years (I think they came from a legal opinion or a court decision) are: "guests don't pay rent" and "owners can't be guests".

Hope this is helpful. The truth is that in a situation of this sort, there would need to be a complaint filed with the Trust's Bylaw Enforcement department, and there would have to be an investigation. It would be difficult for the bylaw enforcement officer to prove to a court that the bylaw was being flouted. The intent of the bylaw and the community is to limit residential density to what's stated in the bylaw, but also to permit people to accommodate guests in a separate building, where they can largely look after themselves.

To comply with the bylaw, if I wanted an adult child or parents (or anyone else) to live full-time on my property, I'd think about adding a wing to my house so that we could share the kitchen, but live mostly separately in one residence.

hmmmm

Sounds complex guys. I just want to live on lesqueti because its away from people and in nature and off the grid. I am religious tho not christian but follow goddess teachings. This seems to be an issue for some people I have found to the point of persecuting behaviors. Thats part of the reason I wish to be in nature which is what I beleive in and celebrate. I am looking for a rental for me and my elderly mother- and my puppy. Ive lived a very magical life but have very concrete visions for my intended contributions and future. This includes being away from cars and getting a break to connect and build networks of likeminded people who wish also to live in a world of peace free from abuse of nature.

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