By Gagandeep Ghuman
Published: Jan. 12, 2013
Don McCargar is getting close to living in the modular home of his dreams.
Last year, a judge ordered the district to issue a development permit to McCargar for a modular home on the river side of the dike in Brackendale.
McCargar’s property consists of approximately 78 acres, and is bounded on its western edge by the Squamish River.
Of the 78 acres, about 15 acres are to the west of the dike which runs through the western part of the property.
The judgement enabled McCargar to begin work on his Depot Road property, including the removal of trees and the future placement of a bridge.
On Tuesday, Dec. 18, the council also authorized a secondary residence at another location on the same property.
The second residence is allowed under RL-2, for which McCargar’s property is zoned.
The permit issued this Tuesday also authorises a subdivision application for up to seven, ten-acre lots.
The district does not currently have a right-of-way over the Squamish River dike across McCargar’s property.
The property has been fenced, and the district would need some form of permission to enter the private property.
It would require expropriation of land for the district to enforce a right of way.
That needn’t be the case, says McCargar.
He has a straight and simple deal for the district to consider.
If the district allows him to subdivide the property into two acre parcels, the district gets right of way to the dike.
The district, McCargar says, had earlier demanded a right of way to the dike as a condition to allow for a second residence.
McCargar says he wouldn’t agree to that condition, and that condition had been removed.
“They removed it because they knew it was illegal,” he claims.
McCargar says he has never prevented the district from doing work on the dike.
But when it comes to right of way, it mattered who held the ownership of the land.
“The land beneath the dike is our land, and we haven’t been approached respectfully by the district of Squamish,” he adds.
McCargar also said he had done extensive public consultation and people in Squamish, and particularly Brackendale, would like to see two-acre parcels at the site.
“That was the overwhelming view in our meetings with the public,” he says.
To McCargar, it seems what he is offering is a good quid pro quo.
If the district allows him two-acre parcels, they can have full access to the dike.
In fact, he says, the infrastructure for the 10 acre lots and two acre lots is the same, except the two-acre lots would be connected to municipal sewer.
That would change if the district is willing to work with him.
“We will be open to discuss a right of way at a rezoning proposal,” McCargar says.