The Agricultural Land Commission has denied another application for a Shuswap property known as the home of TV’s Rust Valley Restorers.
Applicants Edward Vizniak, Leslie Charman and Mike Hall sought to subdivide the three-hectare property at 4439 Trans-Canada Highway into two lots, including one of 1.54 ha and “entirely within the Agricultural Land Reserve (ALR)” for Vizniak, and a 1.47 ha lot for Hall.
To offset the subdivision, the applicants proposed moving 1.54 ha of non-ALR land on a separate property at 1715 Chase-Falkland Road into the ALR.
The purpose of the subdivision proposal was to “sever Mr. Hall’s contractual ownership of the property, including the portion in the Agricultural Land Reserve.”
According to the May 6 ALC decision, Vizniak purchased the property in 1980. In 2006, he sold 3.5 acres of the property (1.4 ha) to Hall as “a handshake deal.”
The ALC identifies Vizniak as the property’s owner, while “for the purposes of the application, Hall made the application with Mr. Vizniak.”
The property is within the Columbia Shuswap Regional District, and is used for auto-restoration and vehicle storage and has multiple residences.
“It is also the site of production and filming of the television series Rust Valley Restorers.”
If the application were approved, Hall “would have ownership of his portion” of the property and his investments.”
“Mr. Hall proposes converting one of the auto restoration buildings on the… proposed 1.47 ha lot into a single-family residence and using the other for storage…”
Alternatively, the 1.47 acres “could be sold as a potential hobby farm.”
The property has been the subject of several ALC applications, including one by Vizniak in 1984, “for the purpose of operating an antique auto museum.” While successful, the commission stated its approval “should not be construed as justification to change the use of Property 1 or to construct additional buildings without prior written authorization…”
In 1997, Vizniak wrote the ALC asking to expand the use of the auto museum to “permit automobile storage for a fee, commercial auto restoration services, and as the operation of a ‘bona fide motor dealer and salvage yard.” The request was refused.
Then in 2021, Vizniak applied to the ALC to “seek confirmation and authorization to retain and expand various non-farm uses related to auto-restoration and vehicle storage on a 2 ha ALR portion” of the property.
“In its decision, the Okanagan Panel clarified which structures could be retained in accordance with prior decisions but ultimately refused the proposal…,” reads the decision. “The Okanagan Panel further advised Mr. Vizinak that the Commission would defer enforcement for 2 years (i.e., until May 29, 2025), to allow time for the non-farm uses to be relocated.”
On Sept. 23, 2023, and April 1, 2024, Vizniak and Hall separately requested reconsideration of the previous ALC resolution, both seeking “confirmation and authorization to retain and expand various non-farm uses” on the property.
In a letter dated Oct. 3, 2024, the ALC advised it would not reconsider its decision.
“In the request for reconsideration, Mr. Hall explained that he intended to submit a subdivision application to ‘bring my buildings and property up to code.’ The Okanagan Panel advised that subdivision of Property 1 would not remedy any of the unauthorized uses on the property.”
With this latest application, the ALC determined Hall’s request to subdivide – to separate his interest in the property from Mr. Vizniak’s – fell outside of the commission’s mandate.
“Mr. Hall’s desire for sole title does not justify subdividing ALR land. Co-ownership is common, and subdividing for this purpose would reduce parcel size and undermine the ALR’s integrity.”
Hall also stated his intention to change “one of the two restoration shops on the proposed 1.47 ha lot into a residence and to use the other for agricultural storage,” prompting further concerns for the ALC.
While opposed to the subdivision, the ALC was agreeable to the inclusion proposal, finding the 1.54 ha Chase-Falkland Road property to have “prime agricultural capability.”
Read more: Land commission decision may force relocation of Shuswap’s Rust Valley Restorers