Richard Froese
South Peace News
A condominium association for a residential development west of Kinuso has declined to apply for development board permit with Big Lakes County to build a cook shelter on County-owned land it uses.
At its regular meeting Jan. 8, Big Lakes council received a report from administration for information.
Big Lakes’ lawyers Reynolds Mirth Richards & Farmer (RMRF) LLP drafted a licence agreement for Woodchuck Meadows Condominium Association to apply for a development permit to construct a cook shelter on Plan 112 2953, Block 2 Lot 28 MR (municipal reserve) provided the association is willing to enter into an agreement with Big Lakes for use of the land, says Pat Olansky, director of community services and planning.
The draft agreement was sent to association president Wayne Raynard.
However, the condominium board declined.
“They were adamant they would not sign the agreement,” Olansky says. “The board determined that it would not be willing to sign the licence agreement to provide $2 million general liability insurance coverage regarding the use of the MR lot,” she states in her report to council.
At its regular meeting Sept. 25, council approved a motion to allow Woodchuck Meadows to apply for a development permit.
The land is located south of Spruce Point Park west of Kinuso, Olansky says.
Raynard submitted a development application to build a 14-by-30-foot cook shelter on the site which is a municipal reserve (MR) lot, she says.”
“Permission from the registered landowner is required to apply for a development permit, which is the case for Big Lakes County,” Olansky says.
According to the land-use bylaw, the property is within the commercial recreation district and a park is considered a permitted use.
Park is defined in the land-use bylaw as an area of land that is used for recreational purposes and may include facilities such as a playground equipment, pedestrian and bicycle paths, landscaped areas, picnic areas and associated public washrooms.
The Municipal Government Act, the municipal development plan and the land-use bylaw all state that municipal reserve land is designated for schools, parks and public recreational purposes.
“Mr. Raynard explains that residents of Woodchuck Meadows maintain the lot,” Olansky says.
“They have installed a six-foot-high chain-link- fence on three sides of the lot perimeter along with gates at their own expense.”
The area is used for games, a children’s play area, music events, yard sales, family reunions, camping and other resident activities.
“The MGA allows MR lands to be used only as a public park or public recreation area,” Olansky says.
“If Woodchuck Meadows intends the development for only members of their community the county should not enter into an agreement such as a license of application of occupation agreement with Woodchuck Meadows Condominium Association to govern their use of the county’s MR land.
“The condominium association would not have exclusive control over the land because the county is not disposing of an interest, but allowing some use of the land.”