An ambiguous District of Squamish building bylaw may end up costing taxpayers money if a dispute between neighbours can't be resolved amicably.
Last fall, district staff approved plans to build two North Yards townhouses, deciding to overlook a height violation of five-and-a-half feet. When the mistake came to their attention later in the year, the buildings were already well underway. And now its neighbours are claiming the buildings' height is causing problems for them. The partially-constructed townhouses on Government Road are currently on hold as the builders wait for a height variance they were told they didn't need three months ago.
If the variance isn't given, property owner Tony Routley said he'll consider a lawsuit against the district."Obviously that's what it leads to," he said, adding, "we don't want to do that."
But neighbours such as Maxine Milligan said the buildings will tower over nearby homes, sinking property values and blocking out sunlight and mountain views. Prior to the meeting, Milligan sent a letter to council with an opinion by Walton Appraisals on the impact of the taller homes.
In a letter to the district, the proponent John Davey wrote, "If the building height had been identified as an issue prior to permit issuance it would have been straightforward to adjust the building heights. However, the buildings have been under construction for over two months."
To date, the proponents have completed the foundation, half the framing and perimeter drainage. They have also erected a three-storey concrete sound barrier for each building.As one of the builders, Routley, said it would be quite costly to change the building's design at this stage. While the staff recommended granting the variance, a gallery full of frustrated neighbours came prepared to fight it.According to D'Arcy Lorimer of Walton Appraisals, an average adjustment for a view factor or privacy in Squamish is $5,000 to $10,000.
"I will probably too upset to speak at that hearing, but will be in attendance," Milligan wrote.
But few people got the chance to speak at the meeting as another district error forced it to be canceled mid-way.More than 150 flyers handed out to property owners within 100 meters of the townhouses had the wrong address on it.Some people blurted out swear words as they left council chambers.Sutherland said the issue would probably not be looked at again until Feb. 19.
"The wrong address is just another example of incompetence from the district," said Routley. He pointed out he has a mortgage and is renting a place in Whistler while he waits to move ahead with his future home.
The debate has caused obvious strain between the builders and neighbours.
"We're just like they are really. We're not a big development company. We're just trying to build our home and be residents in the area just like everybody else," Routley said.
Mayor Ian Sutherland said the height error came out of an ambiguous section in the district's building bylaw that does not clarify whether the permitted 29.5 feet in height is measured from the ground before or after filling.
"That's obviously something were going to address in the bylaw quite quickly," Sutherland said.
Flood Control Levels in the North Yards area require a substantial amount of fill be used to protect lower levels from flood damage.As the meeting came to an abrupt end, Sutherland urged the both parties to sort the issue out amongst themselves."This is going to be a very difficult and close vote for council," he said. "I really hope in the next little while you can all work together and try to find a solution."
Many people who attended the meeting grouped together on the steps of the municipal hall to discuss ideas for a future meeting.Inside the hall foyer, others listened to the comments of council members as they spoke one-on-one with concerned neighbours, seemingly unaware of a microphone broadcasting their comments in the other room.
