A decision on an easement request has been set aside until next month, pending further investigation.
Bashaw town council heard from Jerry and Peggy Gauthier who hope to either gain permission through an easement, to continue using some land their house backs onto or by purchasing the land in question.
The Gauthier’s land, located on the north side of 54 Street near 51 Avenue, was found to have fenced off a portion of town land located between the home and a nearby wetland. A letter requesting the fence and a few other personal items be moved off the public land was sent, prompting the request for an easement.
The area in question is approximately 200 square metres that extends right up against the wetland and is fenced in with the rest of the property. The space presently contains a garden and a temporary storage structure.
“The fence was there when we first moved there and we just continued to use that space,” Jerry told council, adding they knew where the property lines were and that the fence could be moved.
“Our first thought was we’d like to purchase the land and, if not, then get an easement to use it. We have no intention to build on it and if we are forced to move the fence, we are going to lose a big chunk of what we thought was our backyard.”
CAO Theresa Fuller explained the land is likely zoned as environmental reserve due to how close it is to the wetland. That means there are several provincial regulations involved, one of which is that land with that zoning may not be sold by a municipality and easements are not allowed.
“It’s a lengthy process that would involve surveying the property, creating a bylaw to close the area to the public, hold a public hearing, register the land survey and passing the bylaw,” she said.
The Gauthier’s would have to pay all costs involved, and they may not get the land in the end.
“However, other residents in the area could appeal that and there is no guarantee that the decision would pass the Subdivision Appeal Board.”
Coun. Lynn Schultz didn’t have an issue with the couple using the land, but was definitely concerned about setting a precedent with any decision, especially with another resident in the area having been told to remove property from town land recently.
“When a year comes around and someone else says why not just use this town land, that’s what I’m concerned about,” he said.
Fuller added the land in question could have the fence moved back to the property line with the resident still allowed to use the garden space.
“The challenge though becomes someone wanting to buy the land thinks the yard is bigger than it is and we can anticipate other residents also doing the same thing in an area where there are ungroomed natural trails and paths,” she said.
“It could also come that a future council might request the removal of such structures and they would have to understand that. Plus, there are unfortunately other potential situations in town that could create a domino effect.”
Both Coun. Rob MacDonald and Mayor Penny Shantz were also concerned about the fact the town doesn’t exactly know the zoning of the land.
Administration was requested to gather the information needed to make a proper decision and report back to council.