Residents appeal deck decision

Jeremy Nolais — Thu, 24 May 2007 18:22:21 +0000

The Municipal District of Bonnyville will allow a deck and stairway partially constructed on the Moose Lake environmental reserve to stay in place.
After hearing a protest from local residents Tuesday, the Municipal District of Bonnyville’s Subdivision and Development Appeal Board upheld the development permit issued to lakefront property owner Don Lafond.
Lawyer Michel Fontaine launched the appeal on behalf of concerned lakefront property owners including his father, Guy.“If this development is allowed to stand and other developments are put in like it, than we can all say goodbye to Moose Lake,” Fontaine told the board. “We have in many respects become custodians of the environment. We used to depend on the environment, now it depends on us.”
An environmental reserve is a strip of land owned and administered by a municipal government. They exist between subdivided land and the shore of any lake, river or stream and the purpose is to prevent pollution from entering the water body.
The MD plans to install signs this summer informing people of the reserve area and warning them not to alter the land without permission.
“The MD should not allow people to cut trees down in these areas, that must be stopped and it has already clearly been done here,” Fontaine said. “If this is allowed we are sending a clear message to others that they can do the same.”
Lafond constructed his deck and then applied to the MD’s Municipal Planning Commission for a development permit. The permit was granted providing that he reduce the width of the deck from 3.66 metres to 2.37 metres. Lafond was also told to remove the roof system, construction materials and a set of stairs put in by the previous property owner. He had until July 31 to comply.
“First of all, I have very fond memories of swimming in Moose Lake when I was younger and have enjoyed my time there,” Lafond said. “I was able to realize a lifelong dream when I had the opportunity to acquire a lakefront property.”
Lafond told the board he was forced to construct new stairs because the structure built by the previous owner had become unstable due to erosion and landslides. He used a photograph to support his claim.
“Someone else had already constructed stairs there and all I was doing was re-establishing my access to the lake,” Lafond said. “I took great steps to make the structure blend in with the natural setting. My neighbours have commented that they can’t see it. I have not built it as a showpiece as many others have done and I am very proud of what I have built.”
Caroline Palmer, MD development officer, agreed that a stairway is needed and the old structure was no longer safe.
“We do recognize that the topography of the area makes access extremely difficult if stairs are not allowed,” Palmer said.
Fontaine said an investigation into the health of Moose Lake conducted in 2001 found that the lake’s riparian areas were in trouble. Riparian areas are the boundaries that exist between land and bodies of water.
“Scientists recognize that a riparian shoreline is crucial to a healthy water system for wildlife habitat, for maintaining stream banks, decreasing water velocity and increasing biodiversity,” Fontaine said. “During the study they discovered that 71 per cent of the riparian area around Moose Lake is unhealthy. That was six years ago, I can only imagine what the damage is now.”
He also questioned Lafond’s use of cement to hold the stairway support pillars in place.
“There is scientific proof that wildlife relies on riparian areas for habitat. Drilling cement into the ground and knocking trees down cannot assist wildlife vegetation,” Fontaine said.
Lafond questioned the scientific proof that Fontaine referred to and insisted he made very little impact on the area during construction.
“When building the stairs I cut only small shrubs and I did not use chemicals or heavy equipment. I did it all by hand,” Lafond said. “I selectively by hand, removed some rocks to make an area for my boat and a small swimming area.”
He presented the board with many photos of similar docks constructed by residents living nearby.
“As you can see the precedence has already been set, these other landing portions are no different than mine,” Lafond said.
Fontaine said things have changed since the time when the other decks were built.
“This was an area that a few years ago was not considered important, but now we have watershed management groups. There are clearly people concerned about this lake,” Fontaine said.
After both sides concluded their arguments, the board opened the floor for input from other people attending the appeal.
“We just kind of awoke to find this elaborate (deck) system in place,” said lakefront resident Rick Pidde. “We all want to enjoy the lake, and this is beginning to look more like a marina than a deck.”
The appeal board then asked everyone to leave the room while it discussed a decision. In the end the board decided to support the original development permit application, meaning Lafond will be allowed to keep the deck and stairway as long as he meets the previous conditions by July 31.
The Nouvelle contacted Lafond after the appeal and he had nothing further to add except that he was satisfied with the outcome.

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Jeremy Nolais » municipal planning commission

Residents appeal deck decision