District of Squamish has sent a legal notice to a Brackendale land owner for his plans to use the property as an RV campground.
In a legal notice that was sent on April 27, district warns Donald McCargar that his planned use of property is in contravention of the district bylaws. McCargar owns 78 acres of land, of which 15 acres are on the west side of the Squamish River dike.
“The listed principal uses for the property do not include camping, campground, recreational vehicle parks/camping, or recreational vehicle storage. Therefore, all of these uses are prohibited,” district said.
However, McCargar says he does not intend to operate a business but wants to help the community.
District communications manager, Christina Moore, said the District of Squamish had sent a legal notice, but refused to comment on the issue.
According to the notice, the bylaw may permit “accessory uses” on the property, but such uses are only permitted in relation to an existing principal use.
“We understand that the property is not currently being used for any permitted principal use,” district said.
“Even if the property was currently being used for a permitted principal use, the recreational vehicle camping you have described would not fall within the definition of accessory use in relation to any permitted principal use on the property,” district said.
The district said it was also concerned that the owner’s activities on the property might contravene the wildlife attractant bylaw.
“If you use the property contrary to the zoning bylaw, we expect our instructions will be to commence a legal proceeding against you in BC Supreme Court seeking a court order requiring you to comply with the zoning bylaw,” the district said.
However, McCargar says he only wants to open the property for essential workers who can live in their RVs for free.
“It is not a business and does not require a business licence. I am trying to help the community out,” he said.
McCargar’s legal conflicts with the district go back to 2011, when a judge ordered the district to give him a permit to build a modular home on the property.
Two years later, the Ministry of Environment and the District issued a stop-work order. McCargar took both the district and the province to court in 2016, but the lawsuit was dismissed.
