Victor Wright stands on the zoning border that divides “downtown commercial” from “single family residential” down the middle of 78th Avenue. His home’s location makes him neighbours with the Osoyoos Home Building Centre and he said living next door to the centre has been causing him to lose sleep. Photo by Laurena Weninger
OSOYOOS TIMES-July 29,2009
By Laurena Weninger – Osoyoos Times
Who’s right and who’s wrong is sometimes simply a matter of which side of the street you are standing on.
“We really don’t see it as an issue, and don’t want to get involved in anything,” said Joe Chwachka, store manager for the Osoyoos Home Building Centre. “Our business has been here for 20 years.”
On the wall of Chwachka’s office, there is a Town of Osoyoos map.
He points out the line dividing “downtown commercial” from “single family residential.” It runs right smack dab down the middle of 78th Avenue.
“This is us, right here,” he said, pointing to property on one side of the line.
On the other side of that line is the residence belonging to Victor Wright and his family.
They bought the house seven years ago.
It’s a peaceful-looking home – with a neatly trimmed lawn and a volleyball net in the front yard – located at 7802 78th Ave.
But the home is directly across from the entrance to the busy storage yard that houses all the building supplies and it’s been anything but peaceful.
“I know me and a neighbour or two aren’t going to be able to shut down the Building Centre,” said Wright, addressing Osoyoos town council on July 20.
But Wright said he is fed up with the living conditions of the neighbourhood and was there to ask council what can be done.
“My family and I have lived by the Building Centre a while now,” Wright states in his letter to council. “During this time we have been forced to put up with a lot of different problems associated with living by the Building Centre.”
He lists lack of sleep, daily exposure to diesel fumes, trucks blocking the roadway, unfriendly truckers using engine brakes and honking, forklifts on the road, forklift beepers going off as early as 6 a.m. and attitude from truckers when asked to comply with posted rules.
“There’s been some major attitude thrown back and forth across the street,” Wright said, adding sometimes he thinks the truckers are making extra noise just to upset him.
He’s also concerned about the use of a public street as a loading zone.
“These are basic safety concerns for the public and our children using the roadway. 78th Avenue is not a loading zone. The Building Centre has used the street for years to conduct business and has never been forced to do otherwise.”
Chwachka said the company has taken steps to make things as quiet as possible along that road.
“There are standard operating procedures my staff has to follow,” he said.
For example, the Building Centre truck operators are not allowed to start delivery trucks before 7 a.m.
“A standard operating procedure for unloading trucks on 78th Avenue has been created,” states a letter by Paul McCann, president of the company. “In this procedure all measures for parking trucks, unloading, and handling the transfer of goods from 78th Avenue are clearly outlined as per discussions with the bylaw enforcement officer.
“Copies of this procedure have been provided to all shipping and yard staff of Osoyoos Home Building Centre, all active vendors, and all active delivery/freight companies that deliver goods to our yard.”
A sign across the street from Wright’s home outlines some of those rules.
It says there is no overnight truck parking and truck parking is only permitted during receiving hours from 8 a.m. to 5 p.m., Monday to Friday.
“Please consider our neighbours and shut engine off. Do not block street or driveways,” the sign reads.
“Staff and management have spoken directly to third party truckers that are not complying with stated procedures and warned of consequences if they do not follow procedures,” McCann said in his letter.
Chwachka said that’s not just an empty threat.
“We would consider discontinuing our business with our truckers (who won’t respect those rules),” he said.
Management has met with bylaw enforcement officers on site to ensure compliance with bylaws, McCann said, and staff or drivers now act as a flag person when trucks are being unloaded.
But Wright said while he has tried to have patience and give the agreed-upon solutions a chance to work, any success has been short-lived.
He said the situation is affecting his home’s resale value and it’s affecting his mental health.
“Nothing to date has stood the test of time,” he wrote in his letter to council. “My family and other families are bothered by this relentless ordeal that continues to go on.
“It appears to me that this situation needs some kind of outside help to be resolved.”
That’s where council comes in.
“They’re genuine complaints,” said Coun. C.J. Rhodes at council’s July 20 meeting.
He added he has witnessed the events on 78th Avenue as described by Wright and said he wondered if it’s possible for the centre to use the alleyway on the south side of the yard as an unloading zone instead.
Mayor Stu Wells also sympathized.
“I know council will take this as pretty serious stuff,” he said.
At the meeting, council agreed to ask Town staff to speak with McCann and find out more about possible solutions.
The options are likely limited.
“We can’t legislate common decency,” Coun. Margaret Chadsey said.
The possibility of using the alley as a loading zone just won’t work, Chwachka said.
“Loading off the back would be fine,” he said, adding many of the centre’s trucks load from the side. “The forklifts couldn’t fit in beside the truck.”
Eventually, the problem might solve itself.
Chwachka said the centre hopes to move as soon as they can find a proper place to move to.
“By what the numbers tell us, we are about three times too small,” he said.
They have been looking for the last five or six years for a better property and are hoping to get on with it.
“ASAP,” said Chwachka. “As soon as we can find land.”
Wright said that since he moved here, the Building Centre has said they have been planning to move and it hasn’t happened yet.
If the centre does move, and he hopes it does, he would rather it be sooner than later.
In the meantime, he’s going to wait patiently to see what council finds out when they look more closely at the issue.
“I would like to give them an opportunity to do that and I respectfully await the outcome.”
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