Horseshoe Bay homeowner wins two-week reprieve from demolition order

A homeowner in Horseshoe Bay has won a temporary court reprieve blocking the District of West Vancouver from demolishing her home. On Monday, the B.C. Supreme Court granted Yvonne Mischke a two-week injunction preventing the district from proceeding with plans to tear down the house at 6507 Nelson Avenue, which had been slated for demolition this week.

Mischke filed a petition in court arguing that council's decision to demolish the home was "unreasonable" and "procedurally unfair." The district said it is aware of the temporary court order and will comply with its terms. "We can confirm that demolition will not proceed while the order prevents it," said municipality spokesperson Natalie Roizman.

West Vancouver council voted in March to order the demolition, citing the structure as unsafe and the accumulation of garbage inside and outside the house as a fire hazard. According to bylaw staff, hoarding on the property has been an ongoing problem for more than a decade. Inside the home, staff documented mould, animal infestations, water damage, and garbage piled to chest height. Outside stairs and a deck are also in danger of collapsing, according to an engineer's report. The district posted a "Do Not Occupy" notice on the house in December.

In June, Mischke asked council to reconsider the demolition order. Her lawyer, Johannes Schenk, told council she had moved four large trucks of material off the property and attempted to get contractors and engineers in to assess the situation. Schenk said he did not believe the condition of the home posed an imminent danger.

Municipal staff disagreed, noting "a long history of attempts" and "ongoing deterioration of the property," and council voted to proceed with the demolition order. "It makes me incredibly sad that we're here doing this," said Coun. Linda Watt, who lives in Horseshoe Bay. "It's not like we're taking away her home because it's uninhabitable."

The demolition order requires Mischke to apply for a demolition permit and tear down the house herself, or have the district demolish it and bill the cost to her. The district has received dozens of complaints about the property dating back to 2013, concerning garbage stored and discarded on the property, the welfare of animals, and wildlife attractants. A friend of Mischke's described her as a vulnerable senior and said the district should be more concerned about her welfare.

Mischke told council in an earlier interview that she does not think her house is about to fall down and feels the problems described by West Vancouver bylaw staff have been exaggerated. "I have the right to have my house without the kangaroo court of West Van. I'm allowed to live how I want. It's my life," Mischke said.