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West Vancouver home owner appeals denial of encroachment permit

https://www.northshoredailypost.com/wp-content/uploads/2024/02/proposed-driveway-on-Marine-Drive-home.jpg
The site for the proposed driveway on Marine Drive in West Vancouver.
Gagandeep Ghuman
February 25, 2024 1:35pm

The owner of a West Vancouver home is appealing to the council to reverse a decision by district officials to deny an encroachment permit for construction on the property.

The owner of a home on Marine Drive sought permission to construct a concrete parking pad and staircase, bridge, and landing area on all fully or partially owned public land dedicated as highway. However, the proposed encroachments failed to meet the criteria set by District Bylaws, with officials raising concerns about road users’ safety risks and denying the application.

The property is zoned RS4, an irregularly shaped lot measuring approximately 749 m2. With a single-family home, the property lacks vehicular access and has two pedestrian access points – one from Marine Drive through a staircase and the second from Seaview Walk at the rear.

The homeowners first applied for the permit in 2021 with an application for a driveway crossing permit. The request was rejected and another request in 2022 was also denied with officials citing safety concerns. On October 3, 2023, the property owner submitted a Boulevard Encroachment Application, proposing the construction of a concrete parking pad, concrete staircase, bridge, and landing area. However, the planning officials rejected the application on December 5, 2023, citing noncompliance with the District’s Boulevard guidelines. In response, the property owner is now appealing to the council to overturn the decision and grant the encroachment permit.

According to a report to the council, the denial was based on several reasons, including removing a significant volume of rock from the District’s highway slope, which would pose potential rock fall hazards. Even without geotechnical concerns, officials expressed worries about the visual impact on the highway’s character and questioned compliance with soil removal limits.

The narrow, winding travel lanes along Marine Drive, higher than posted average speeds, and an unforgiving road edge were also highlighted as safety hazards. The proposed encroachment, situated on an incline, was deemed to limit visibility and increase the risk of collisions, with the proposed parking area’s configuration posing additional hazards.

According to the staff’s review of the ICBC 5-year collision history, this section of Marine Drive saw an annual occurrence of sideswipes or off-road right collisions. The proposed parking configuration, which allows only one-way access and egress, raised concerns about safety on the highway.

West Vancouver staff urges the council to uphold the officials’ decision and deny the owners’ review application. The council will discuss the issue at a meeting on Feb 8.

 

 

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2 Comments
  1. S,a.dmfn says

    February 25, 2024 at 1:46 pm

    It is not their property. They have no right to it. I would mot accept another application. No is NO.

    Reply
  2. RG says

    March 1, 2024 at 4:27 pm

    I think if he has a legal lot, the city should accommodate to provide reasonable access to the lot. Most lots cross a boulevard that is technically city owned. Perhaps the expectation should be to create a larger parking pad, or better access and parking from above.

    Reply

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