— 66-metre Walnut Beach dock exceeded Town limit by more than double —
(OSOYOOS TIMES — June 6, 2007) —
Despite an impassioned appeal by developer Rudy Loewen, a second attempt by Lakeshore Developments Limited (Palcor) to build an oversized dock for its Walnut Beach Resort in east Osoyoos has been turned down.
At its Monday night meeting, Council followed staff recommendations and voted to not approve a variance to widen the dock from 3.0 metres to 4.3 metres (a 43-per-cent increase) and to extend the length of the dock from 30 metres out into the lake to 66 metres (a 120-per-cent increase).
The developer's application included an Environmental Impact Assessment supporting the proposed dock. However, the Town decided its 2006 dock bylaw clearly states limits on dock sizes and variances are not usually supported without proof of hardship.
This is despite reports from the Ministry of Environment (MOE), Department of Fisheries and Oceans (DFO) and the Navigable Waters Branch of Transport Canada the large dock would be of low risk to fisheries values provided it was constructed to address any adverse environmental effects.
Staff noted the applicant failed to include alternate configurations when conducting its scientific studies, and that other dock plans extending half the length of the property could be designed without altering or destroying fish habitat.
Our regulation is that that there must be a hardship. The applicant provides a lot of information but really there's no proof there's a hardship involved and that he couldn't go to a wider dock or two docks, for that matter; so with no hardship I think we should stick with the regulations we currently have, said Councillor Allan Carswell.
Councillor Stu Wells agreed and said docks and the increasing number of boats on the lake is a very big issue.
When you look at the dock and you look at the length, they're asking for over a 100-per-cent variance. There's safety concerns, there's a lot of letters here and I've had a couple of phone calls at home. When you look at the bathometric studies on this, [the lake] really doesn't get any deeper the further out you go. I think this could be reworked and dealt with by our planning staff to come up with something that is more palatable to people and to fit within our current bylaw.rnWells added that whether the dock does or doesn't go in, it's not going to reduce boat traffic in that area. He said sedimentation problems are still going to be an issue, and his concern is that there's going to be boats buoyed right off the shore. This dock, while I'm not in favour of it, is just a small part of the problem of boats and what we're going to do with them on this lake.
Councillor Dick Flintoft also said he was not in favour of the variance and cautioned that by allowing one developer a large variance, the next developer will have to have the same thing, and the next developer after that will have to have the same thing and so on and so forth.rnCarswell added Council will likely have to look at building a marina to resolve the issue of increasing numbers of docks on the lake.
Mayor John Slater said he believes a dock is a way better way to go than to have boats moored offshore, but added Council decided last year that 30 metres was the acceptable length for docks.
Palcor President Loewen told Council he was shocked at the staff recommendation to not approve his application. He noted about $75,000 was spent on studies and he had to deal with a number of provincial and federal agencies along the way.
We're dealing with three pressures. One, this is a resort. The building is half-built; the boats are coming, regardless of what we do here tonight. We're either going to manage the trailers and manage the boats and do this properly, or they're going to just run up on the beach.
Loewen added he also faces stringent environmental criteria, and the configuration presented is what the scientists are telling us we should be doing. He stated that the location and configuration of the dock cannot be changed.
We're appealing to you for two reasons: lets' do the environmentally right thing and let's give the resort a chance to succeed.
His comments failed to change Council's decision, although Lakeshore Developments can reapply for another variance.
In addition to ministry opinions, Council also received comments from concerned residents and property owners on the east bench, like Marlene Lipps, that increasing the size of the dock could affect the health of 140 households who draw the lake water as their only source of drinking water.
The quality of my domestic and irrigation water supply is greatly affected by increased motors in this part of the lake, Lipps notes. My concerns are many and I feel that my health can be affected by the disturbance and contamination of lake water at this narrow part of our lake.rnOther homeowners on Lakeshore Drive and on the east bench expressed concerns about the proposed dock, including Denis Potter, who spoke at Monday night's meeting to express the same fears.
