Islands Trust vetoes more timber frame schools on Gabriola
By Caitlin Fullerton, Gabriola Sounder
Thursday, August 14, 2003
James Mitchell, of the Island School of Building Arts (ISBA), said changes to the land-use bylaw for residential homebased businesses is setting him up to be shut down, but local Island Trustees said as long as the school plays by the old rules, it can stay open.
More than 50 people crowded the Women's Institute on Tuesday, August 5th for a public hearing to decide whether the Islands Trust should amend the existing land- use bylaw to prevent people from starting new timber frame schools as home occupations.
"We don't need more laws, we need effective policing of the ones we have," said Mitchell, owner and teacher of Gabriola's only timber frame school, noting most islanders present at the hearing raised their hands and voices in opposition to the new bylaw.
Under the new bylaw Mitchell's timber school would become legal non-conforming or "grandfathered" as he termed it by the 1999 Land-Use Bylaw. But if his school burnt down or his operation lapsed for more than six months, Mitchell would have to start back up under the new bylaw.
Sheila Malcolmson, a local trustee for Gabriola Island, said in fact most islanders were against the new bylaw expressing that it goes against creativity and toward urbanization.
Gisele Rudischer, vice-chair of the Islands Trust Council and a local trustee, said she enjoys the work of ISBA but said it isn't the end product the Islands Trust is concerned about it's how they get there.
"If 50 people enjoy his [Mitchell's] art, does that mean they override the enjoyment of six residential neighbours?" Rudischer questioned.
Malcolmson said Mitchell's residence must remain the primary function of the land while the school remains a secondary function.
Rudischer said Gabriola is too lenient when it comes to its land-use bylaws, noting other Gulf Islands have stricter bylaws for homebased businesses. The problem is, she said, what defines a school?
"We are quite liberal but people take advantage and say it's a school when it's not a school," Rudischer said. "Anyone can say they run a school and it can have nothing to do with art, culture and education."
Malcolmson said the Islands Trust has already granted special provision to Mitchell's school, as detailed in the 1997 Official Community Plan (OCP) and the 1999 Land-Use Bylaw, which allows Mitchell and his students to conduct work outside whereas most home-based businesses are restricted to operating inside.
Under Bylaw 177 subheading "Use of Outdoor Space" the timber school must be no more than 4.94 acres (there are some exceptions), screened by a fence, including no more than three demonstration structures under construction at a given time, no demonstration structures used to house people, and no such building structures removed from the lot within a year of start.
Gail Lund and Rudischer devised the OCP in 1997 with the idea that homebased businesses such as ISBA don't have "an adverse affect on neighbours and it complies with a residential neighbourhood," Rudischer said.
Although letters to the Islands Trust regarding ISBA express noise issues and expansion fears drawing homebased timber frame manufacturers to the island Mitchell said it's ridiculous.
"Every bylaw on this island is complaint-driven except this one," Mitchell said, highlighting that in seven years there has never been a single actionable complaint against him.
But Malcolmson said otherwise, noting Islands Trust only takes action if there are complaints. Although the Gabriola Theatre Centre is not in compliance with the home-based business bylaw, Malcolmson said it has never received complaints unlike the timber school.
One letter to the Islands Trust with regard to the potential changes to the land use bylaw described the timber school as "the difference between an irritating headache and a full-blown migraine."
"They're [Islands Trust] trying to legislate something they're not educated about," Mitchell said, pointing out that islanders fear his school will become like Norse Log Homes north of Nanaimo.
After seven years of running ISBA, Mitchell said he has only put three timber frames up for sale. And if he wanted to go bigger, he said he'd teach at colleges. Mitchell said it doesn't make sense to manufacture timber on Gabriola because it's too expensive and time-consuming to ship large tools and timber on and off island.
James Tabrett of Whistler Log Homes a company on Gabriola that designs and constructs log homes was the focus of the Islands Trust hearing and the new bylaw, Malcolmson said. But Tabrett didn't want to comment.
As for ISBA increasing the number of students, the length of the courses, and the number of timber projects, Mitchell said timber frames are handmade making it impossible for the school to expand. According to the old bylaw ISBA is legally allowed to construct three frames a year. Mitchell said the students barely build one and a half over two 3-month terms.
Although Mitchell said its unrealistic to rezone because it would never pass Rudischer said ISBA is no longer on a scale as a home occupation and should consider applying for different zoning - or move to a new lot.
Mitchell, who has an education degree and has taught timber frame construction since 1978 creating construction education videos and manuals, said he and his students operate four electric chainsaws for one month a year. As a high school woodshop teacher, Mitchell said cabinetry involved more cuts and joints than timber frames and hence, more noisy power tools. Overall, Mitchell, who has taught timber frame techniques to lawyers, tree planters, premiers and computer technologists, said building a timber frame requires only a chisel, a drill and a saw or axe.
Mitchell's defence against the new bylaw is that his school is rooted to the island, he said, generating more than $200,000 income to Gabriola Island through operating two 3-month courses each year starting in the fall and spring ($6000 tuition plus about $6000 for living expenses, he said, times two terms times 10 students). Mitchell said ISBA attracts foreign students and tourism bringing business to local B&Bs, restaurants, architects, carpenters, electricians, painters, building supply stores, etc. He also said his school is environmentally safe utilizing recycled materials from all over Gabriola materials he noted will never see the landfill site because the frame can be taken apart and reassembled again and again.
"The bylaw is too broad but if they fix it, it'll be too narrow," Mitchell said.
Solutions satisfying all parties are far-reaching since the RDN holds the noise bylaw and the Island's Trust hold the land use bylaw, lending a Catch 22 to the already complex situation.
"If land-use is legal then there's no mechanism to reduce noise," Malcolmson said, noting Mitchell and his students are legally allowed to use power tools between 8 am and 8 pm.
Malcolmson said the Islands Trust plans to have a public process this fall to discuss the current land-use bylaws in an effort to better reflect what residents want in residential homebased businesses.
"None of us wants more regulations," Rudischer said. "But none of us wants to live next to something that's gone from a headache to a migraine."
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