#2: That a Development Variance Permit be approved to vary Section 4.2 (c) ii) of the South Cariboo Area Zoning Bylaw No. 3501, 1999 as follows:
ii) the watercourse elevation from 3 m (9.84 ft.) to 0.8 m (2.62 ft.), subject to the following condition(s):
a) The existing covenant KF106925 from 1992 registered between the owner, Ministry of Environment and the Cariboo Regional District under Section 215(2) (A) Land Title Act be released as it is outdated and therefore no longer effective;
b) The existing covenant KK56913 from 1996 registered between the owner and the Cariboo Regional District under Section 215 Land Title Act be released as it is no longer valid because it is based on previous Bylaw No. 1000 which has been replaced by the current Bylaw No. 3501, 1999; and
c) The applicant offering to enter into and entering into a covenant to ensure that the CRD is not liable for any future consequences with respect to close proximity and low elevation from the watercourse and lake.
Further, that the cost of registration of the covenant be borne by the applicant.