The owner of a North Pender Island resort is being forced by the B.C. Supreme Court to shut down, reigniting the debate over short-term vacation rentals on the Gulf Islands.
Robert Conconi, owner of the Timbers on North Pender Island, has been operating a commercial resort on residential land since 2003, violating an Islands Trust bylaw prohibiting short-term vacation rentals in residential areas.
The Timbers, which sits on 55 acres of waterfront land, has five cottages that accommodate up to six people each. The largest rents for up to $2,900 a week in peak season.
Residents in the area complained Òen masseÓ about the resort, said Gary Steeves, a trustee for North Pender Island.
They were concerned about planes flying in, music from weddings, and strangers driving around their neighbourhood, he said.
It was the first time the Islands Trust has gone to court to resolve what has become a longstanding dispute across the Gulf Islands, between property owners who rent out their idyllic cabins and cottages to short-term guests and the residents who dream of a peaceful neighbourhood without a mini-hotel operating next door.
Sheila Malcolmson, chairwoman of the Islands Trust Council, said the ruling will send a message to property owners that Òneighbourhoods are for neighbours.Ó
But Carol Budnyk, president of the Pender Island Chamber of Commerce, said the decision could threaten North PenderÕs tourism industry, a major driver of the tiny IslandÕs economy. ÒWith the Trust attempting to prohibit short-term vacation rentals, it is definitely detrimental to our economy as a whole.Ó [See letter to the Islands Trust from the Pender Island Chamber of Commerce below.]
Budnyk said she hopes the Timbers, whose guests spend money at other area businesses, will not have to shut down.
A LETTER FROM THE PENDER ISLAND CHAMBER OF COMMERCE
To the Islands Trust,
The Executive Boardʼs response to the Islands Trust News Release regarding Judgment against Robert Leslie Conconi (Defendant) by the North Pender Island Local Trust Committee (Plaintiff) is as follows:
ÒPender Islandʼs economy is dependent on tourism. The Chamber represents over 100 businesses, many of whom rely on tourism to support them.
Short term vacation rental is an activity that has been an accepted practice on Pender Island for over 50 years. It has provided vacation accommodation for families who find that B&Bs and resorts do not suit their needs.
We have been under the impression that vacation rentals are a legal use:
In 1999 a brief prohibition against short term vacation rentals was introduced to restrict short term rentals but was subsequently removed in 2000.
A letter from the Chair of the Islands Trust in July, 2003 stated that ÒWe understand that land use regulations on North Pender Island currently permit vacation rentals and that your Local Trust Committee does not have plans to change the existing regulations.Ó
One of the current trustees has stated in previous campaign literature that ÒI believe the use of property and homes as short-term rentals (for periods of less than 30 days) is a legitimate commercial ventureÓ.
Our neighbouring San Juan Island has always supported and encouraged short term vacation rentals as a way to develop tourism and promote the islandʼs economy. The San Juan Chamber has asked that tourists be redirected their way if we cannot welcome them on our islands. That is a sad state of affairs.
The decision regarding The Timbers involves a large operation that is not similar to single family home vacation rentals, so we do not know how this decision will affect other vacation rental owners. In regard to the Trust News Release about the decision, we note that it is misleading as South Pender Island bylaws specifically permit short term vacation rentals.
Carol Budnyk, President,
On Behalf of the Executive Board,
Pender Island Chamber of Commerce