BONNYVILLE - A development application for the construction of a home in the Vezeau Beach subdivision on Moose Lake yielded concern around potential flooding from some MD of Bonnyville councillors during last Tuesday’s council meeting before they voted in favour of it.
The applicant was seeking a front yard variance from 25 ft. to 16 ft. and rear yard variance from 98.4 ft to 53 ft. on the lakefront property, with administration recommending to council it be approved as a discretionary use as per the Land Use Bylaw. Several conditions were also recommended including that a geotechnical engineering study be undertaken demonstrating a lesser setback than 30 metres is suitable.
In the background report it was noted that “the lots of this subdivision are substandard and do not have the Environmental Reserve between the rear property line and high watermark.” As a result, the lot is subject to a setback of 98.4 ft. (Section 41 Land Use Bylaw) from the high watermark. However, it was also noted that previous applications were approved “without consideration” for this section of the bylaw and were permitted a 25 ft or less setback from the high watermark.
Administration explained that the lots do not fall within any of the size parameters outlined in the Land Use Bylaw and as such must be considered on a “case by case” basis. Variances exist on some of the lots in the area, however, but not for all and, in some cases, “they may not have been built in the correct locations.”
Coun. Don Slipchuk questioned the MD’s liability if the request is approved, and lake levels were to increase causing flooding to occur. “What protection do we have?”
Administration assured that the condition of conducting a geotechnical study would “ensure that, yes, this is a suitable location for the dwelling with garage.”
Coun. Dana Swigart said he was concerned about recommendations being made on development based on what has occurred on neighbouring properties, some of which may have taken place prior to the MD’s own guidelines being in place.
“I’m concerned because we do this maybe a bit too often where we don’t look at our regulations . . . I’m not really in favour of just overriding everything because the neighbours are doing the same thing.”
Swigart also expressed concerns about potential flooding because of the home being build closer to the highwater mark.
“We had a disaster some years ago when all these people were flooding and complaining and so now, we’re kind of just saying well you can build even closer to the lake.”
Coun. Ben Fadeyiw said that while he was ok with the request going forward, he noted that it needs to be clear that it is on a “builder beware” basis.
“We’ve seen lots across the whole province where people built in flood plains and their houses have washed away. There’s got to be a risk and a onus to the builder – how can we mitigate that part of it,” Fadeyiw questioned.
CAO Al Hoggan suggested a standard clause could be applied to a development permit on any questionable application absolving the MD of liability if flooding was to occur.
In the final motion to approve the development application, council agreed to direct administration to obtain legal opinion regarding the use of an additional condition for Development and Subdivision Permit applications “releasing the MD of Bonnyville from liability in the event of a flood, high water table or other overland water issues that may arise due to the location of the development or subdivision.”
Swigart suggested that going forward the MD should make available maps of the high-water levels that have occurred in previous years when flooding was an issue in some areas of the municipality. He said it would be both helpful for council discussions and for residents who may not have that knowledge when considering development on their property.
