District of West Vancouver council has passed a controversial request by waterfront property owners to build access ways to the public foreshore near their homes north of Horseshoe Bay.
In a meeting Monday, Nov. 25, council approved four bylaw amendments that allow residents along Pasco Road to build docks, stairs or other access ways to the public foreshore.
Residents wishing to build an access way to the foreshore will need to follow a “foreshore encroachment application checklist,” which includes several requirements needed to build a structure. A building permit, a letter proving it aligns with the province’s head lease, and approval from the federal Navigable Waters Protection Act are some of the documents or steps required.
Many residents on Pasco Road say they have been sounding the alarm for a long time, and that foreshore access would make it safer to evacuate in the event of an emergency that restricts road access. Pasco Road is a steep, narrow, mostly-privately-owned single lane street with 21 homes and a public park. The road crosses property owned by CN Rail and the Ministry of Transportation and Infrastructure, making it unique.
Council discussed the request in a meeting on Oct. 21, where they debated the request and voted to send it to a public hearing, which was held Nov. 18.
Residents speak out at public hearing
Five residents along Pasco Road attended the public hearing expressing support of the bylaw amendments out of safety concerns.
People living on the road are particularly vulnerable to the risk of extreme weather events such as landslides, flooding and earthquakes, making it crucial to have an escape route by water, resident Chris Brown said during the public hearing.
“We feel that having the ability to safely retreat to and if necessary evacuate by water would be an essential component of securing our safety and would contribute to the safety of those using the water for recreation in front of our properties as well. This proposed bylaw change would help pave the way for that,” said Brown, who is a member of the Pasco Road Homeowners Association.
He said before a road was paved in 1959, these properties were only accessible by water.
Another resident shared a personal story of trying to save a diver in distress near his property 12 years ago. The resident said limited access to the foreshore prevented him from helping, and the diver died.
Some people emailed council before the public hearing opposing the bylaw amendments, saying it could open the door for future West Vancouver waterfront owners and voicing environmental concerns for the foreshore.
Councillors debate on amendments, confusion on what residents are asking for
At Monday’s council meeting, Coun. Nora Gambioli and Christine Cassidy both said they are unsure of what Pasco Road residents are asking for after the public hearing. Gambioli said she felt residents weren't able to articulate what they needed.
“They don’t want a floating dock, a gang plank, they don’t want more boats, so the question is: what do they want?” Gambioli said.“I really believe we just opened a can of worms with this, and I believe this is being driven from the beginning wrongly and it’s really difficult for staff to catch up with this.”
Cassidy suggested at the public hearing and Monday’s meeting that residents along Pasco Road could evacuate to Sampson Park as a muster point. She said there are stairs, a handrail and a safe, concrete platform at the bottom where people could wait before being rescued.
“All you need is a light at the bottom of that concrete pathway so that one can use it at all hours of the day, particularly at night, to get access to the water. I will not be supporting this motion,” Cassidy said.
Gambioli said approving the bylaw amendment could also set a precedent for other West Vancouver homeowners, increase liability for the district, raise staff costs to look at the structures, and impact the marine environment. Implementing access ways to the foreshore started in 2017 when one owner on Pasco Road built a platform without permits, causing staff and council to look into the matter, she added.
But Coun. Sharon Thompson said the concerns have been around long before then, adding that she is happy to move this plan forward. Thompson said she, along with other councillors, went on a boat ride with North Shore Search and Rescue prior to the council meeting to understand the safety concerns residents expressed.
“This is a very unique road and a very unique situation. [It’s] important to provide this opportunity to the public,” Thompson said. "It was very clear to me what residents want.”
Coun. Linda Watt went out to Pasco Road before the meeting, and said seeing it in person underscored how complicated the terrain is.
“It is a long street, it is hilly, there are a lot of trees,” Watt said. “As I stood there on that street, I was thinking, ‘If there was a landslide coming down or a fire, I would probably not be going to a muster point, I would be trying to go down my property.'”
The vote passed 4-2, with Couns. Peter Lambur, Scott Snider, Thompson and Watt in favour and Cassidy and Gambioli opposed.
West Vancouver Mayor Mark Sager "abstained" from Monday's vote and left the room. Sager declared a conflict of interest at the Nov. 18 public hearing as he used to represent the Pasco Road Homeowners Association and concluded he "couldn't come to this hearing with an open mind." Sager was present at the Oct. 21 council meeting when councillors first discussed the amendments.
Abby Luciano is the Indigenous and civic affairs reporter for the North Shore News. This reporting beat is made possible by the Local Journalism Initiative. [email protected]
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