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Bashaw council keeps status quo on environmental reserve property

Rather than go through an expensive bylaw process, residents on the land can keep things as they are
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Rather than go through an expensive and lengthy application process, Bashaw council opted to leave things status quo for a couple with property partly on an environmental reserve. The family will continue to maintain the land as they have been, which council voted unanimously in favour of. File photo

Rather than go through a lengthy and potentially expensive hearing process, Bashaw council will let two residents keep things as they are on land adjacent to an environmental reserve.

Council voted unanimously on the decision during the regular meeting Aug. 17 after hearing of the potential costs and time to change the land’s designation.

Initially a request from Jerry and Peggy Gauthier came to council as they hoped to gain permission through an easement to continue to use, or purchase, land that backed on to an environmental reserve.

CAO Theresa Fuller told council to do as the Gathiers requested that a lengthy, and somewhat confusing process had to be followed. The title, said Fuller would have to be re-designated from environmental reserve through a bylaw process. That would include a public hearing with residents able to provide input.

“In order to change the actual destination from reserve…we actually have to change the designation of the property,” said Fuller.

“Typically there’s a $600 charge for this process.”

If council ended up declining the request, there could also be an appeal of the decision, which would add to the time it was dealt with.

“Could we purchase the whole triangle…and maintain that six metres of not putting anything there?” asked Jerry.

Fuller pointed out that the town would still have to change the designation through a bylaw. “We basically can’t change anything unless it’s through the bylaw process.”

Fuller added that some of the land, because of the environmental reserve designation, looks like it could be put to public use as it is also close to the Bashaw School.

Jerry said there’s nothing useful to the school on that small piece of property. “In the spring when the water’s higher it might be about five metres (from the property line)…It’s over seven metres right now.”

He said he’d be willing to move his fence if that’s a concern about where it’s placed.

“There’s not enough property to develop anything on it,” added Jerry.

He asked what the market value of the property is but Fuller said she is unsure as it has not been appraised. Coun. Darren Pearson asked about leaving things as they are, pointing out that the Gauthiers could maintain the land as they have been.

Fuller said if council is fine with the residents continuing on then a letter could be written and caveat would need to be made on the property.

It would probably be the most simple way and Fuller explained that the letter would be registered and put on the property file. This would be handy if there is a change of ownership on the land.

Jerry offered that would be preferable to him and his wife, and he would continue the maintenance at his cost.