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District in stand off with property owner

District seeking options to have structure removed

A dispute over dike access has escalated into a stand off between the District of Squamish and the man who owns the surrounding land.

And the escalating situation has got neighbours upset.

Last week council agreed to look into options to have Donald McCarger's modular home removed from the dike, which is part of his property.

After hearing of council's decision from a Chief reporter, McCarger erected fencing and a "no trespass sign" on Wednesday (April 15), entirely blocking access to the area, which is popularly used to access the river and is a traditional First Nations fishing spot.

When asked last week to respond to the district's decision, McCarger said he was unaware of the district's concerns.

"They haven't informed me about any decisions so I have no idea what their intentions are," McCarger said.

"I was told I needed a development permit in order to build something so I didn't want to cause any waves."

McCarger said the dike and the modular home are on his land, which is serving as his principle residence.

"They can have access to the dike when they want it and my modular home doesn't block the dike," McCarger said.

McCarger refused to speak to The Chief about the fence when reached yesterday (April 16).

The land, which is at the west end of Depot Road across the slough to the high mark of Squamish River, is part of 80-acres McCarger plans to turn into a high-density development.

News of the chain link barriers has Coun. Bryan Raiser, chair of the Operations Standing Committee concerned.

He said it represents a safety risk for the district as a whole.

"The connectivity of the dikes is very important and this is the first I have heard of the fences. I am very concerned and I want to see the dike open," Raiser said. "At this point I don't know how to fix it, but we will find out."

Now with the fences erected, McCarger has escalated an existing problem caused by his mobile home.

When rivers in the Squamish Valley rise and a state of emergency is declared, access to local dikes, even private ones, is imperative to monitor rising flood levels.

The location of McCarger's mobile home also concerns Gord Prescott, District of Squamish manager of operations.

Prescott said the dike is peculiar because it was built on private property, but access is still important.

Neighbour Derek Gagne said barring access to the dike is no way to make friends in the neighbourhood.

"I live next door and yesterday [April 15] I heard some machinery on the dike so I had a look and sure enough a chain link fence was being erected," he said.

"Two district bylaw officers were also on the scene."

Gagne said bylaw has received many complaints since McCarger moved into Brackendale, including concerns related to an aggressive dog.

"It is a shame because not only does the public walk along the dike, but it's also the location of a First Nations fishing ground. This section of the dike was such a great resource in the community to see eagles by the river and now it is being taken away."

At a council meeting on Tuesday April 7, the Operations Standing Committee recommended that staff take action to remove the modular home from the dike.

Mayor Greg Gardner said the district needs to have the ability to access the dyke for maintenance and emergencies.

"In fairness, Mr. McCarger is able to locate his home elsewhere than the dike," Gardner said. "There is a process involved, which includes a development permit application. I believe he is proceeding with the process."

A staff report is expected at an upcoming council meeting with a list of options for the removal of the modular home.

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