AFTER more than three decades of confusion and conflict, residents of West Vancouver's Sunset Lane appear to be on the verge of gaining full, normal access to their properties.
At a meeting Monday night, West Vancouver councillors gave second and third reading to a motion that would allow the subdivision and sale of a strip of BC Rail-owned land that lies between the owners' lots and the lane, which runs parallel to Marine Drive around the 3500-block.
The slice of land, very near the railroad tracks, has been a legal headache for more than 30 years, but the affected residents have been unable to buy it from the crown corporation because the sale would require the division of the property into pieces that are below the legal limit dictated by the municipality.
Monday's motion would exempt the land from that rule, while at the same time transferring ownership and maintenance of the lane itself - also partly on BC Rail land - to the district, and allow owners to build garages near the thoroughfare.
"What has been a historic nightmare will be gone," said former West Vancouver mayor Mark Sager, who is attempting to broker a deal between the homeowners and the crown corporation.
"I'm really hopeful this will all be resolved before the fourth reading."
Final adoption of the motion could occur as early as Nov. 7, which would leave the matter between the potential buyers and BC Rail.
While several homeowners spoke in support of the deal at Monday's meeting, some expressed reservations about the potential cost.
"I am not in favour of this," said Patrick Miller, one of the affected residents, who said the 2.5-metre wide strip between his lot and Sunset Lane might be unaffordable.
"I'm stuck in a hard spot," he said. "The only thing I could do is lease it."
But Sager asked council not to consider that option, arguing things would get too complicated if the homeowners were allowed to lease.
"It's possible we could end up with a situation where there are these little lots owned by a crown corporation," he said. "Zoning is used to create certainty, not uncertainty."
Rather, Sager is hoping to negotiate an affordable price on their behalf. To date, however, that hasn't been an easy task, he said.
Initially, BC Rail was looking for a price proportional to the value of the rest of the lot, said Sager, meaning that if a given piece were 10 per cent of the size of the adjacent lot, the company would charge 10 per cent of the lot's assessed value - an expensive and unreasonable approach, in his view.
"If people decide they don't want to buy it, what are they going to do with them?" Sager asked, pointing out the primary value of a lot is the opportunity to build. "The property has no value to BC Rail."
Coun. Bill Soprovich suggested the corporation sell the lots for a token fee of $1, an idea greeted with calls of "Here, here," in the packed council chamber.
Another snag in the negotiations could be the issue of fencing. In the event a resident chooses not to buy the parcel, Sager requested there be no fences or barriers put up around BC Rail's plot.
But that plan might not sit well with the municipality for liability reasons.
In the event of an accident on a piece of land with no fencing, the district could face a lawsuit, according to West Vancouver director of planning Bob Sokol.
As part of the deal, BC Rail has offered $150,000 for the reconstruction of Sunset Lane, a job the district estimates will cost $450,000.
The work is sorely needed, according to several residents who complained about the abundance of potholes, the lack of streetlights and the fact the lane has never been paved.
