For the past few months, Bowen Island Municipal Council has worked with planning consultant Judy McLeod to amend the Land Use Bylaw and Building Bylaw to regulate the construction of docks. At the June 24 council meeting, some of the discussion revolved around the size of docks deemed suitable for the island.
Peter Williamson was one of the speakers offering public comments on the subject and said that regulating dock construction is done in many municipalities. Williamson has looked at existing docks on Bowen Island to put the size of the docks proposed for Cape Roger Curtis into perspective.
"The longest dock in the area south of Bowen Bayis47 metres, the longest on Arbutus Point Roadis 30 metres and at King Edward Bay, it is17 metres," Williamson said. Dorman Point has a dock of 22 metres and the dock on Snug Point measures 45 metres. The longest docks in Mannion Bay and Eaglecliff come in at 57 and 52 metres. Bowen Island's bigger dock at the Bowen Lodge by the Sea is 98metres but it was not a private dock when it was built. And the Mount Gardner Government Dock, at 63 metres, is also not a private dock.
Williamson believes that building docks of 100 metres and more can be considered out of proportion for Bowen Island. He also drew attention to a clause in the bylaw that says docks should not divide a beach. He believes that without clarification, this leaves room for arguments. He added that much of the public's enjoyment comes not only from going to the beach but also from the view. "All beaches are public on Bowen Island and the Cape is much treasured by islanders," he said, explaining that he believes that the preservation of the visual landscape is even more important at Cape Roger Curtis than elsewhere on Bowen Island.
McLeod clarified that the draft bylaw allows a maximum length of 60 metres. She said that this would provide for most of the existing docks on Bowen Island. Mayor Jack Adelaar cautioned that this length might not be sufficient for properties situated at a shallow beach.
"Sixty meters would be enough for most docks but not for Cape Roger Curtis," McLeod said. She added that property owners who want to build a larger dock have the option of applying for a development variance permit.
Councillor Cro Lucas explained that the length of a dock is not arbitrary - it is determined by geological conditions. According to provincial requirements, all docks must be on pilings/suspended or floating at all times.
Councillor Wolfgang Duntz said, "Fundamentally, the length of a dock is dictated by the foreshore and the waterfront. If you want to have a dock on a long shallow foreshore, you bought the wrong property. It's a similar scenario on the south side - there it is too steep. We cannot overcome the wrong foreshore conditions [for constructing docks]."
Adelaar questioned whether it is council's prerogative to determine the parameters for docks. "Let's say you need 200 metres for your dock, but your local council says they know best and you can only build a 60-metres structure, even through the province has given its approval," he said.
Duntz said he believes that the municipality and the province have different objectives. "The province deals with the use of Crown land. It is not concerned about how the docks and visuals are impacting the public," he said. "But council has been elected by the public and has to listen when members of the public express their preferences."
Councillor Darron Jennings spoke in support of determining sizes within the bylaw. "I don't see how we can move forward without quantifying things," he said.
But regardless of design criteria or other considerations, the bylaws would enable council to take a closer look at applications for docks, according to McLeod, who also recommended holding a public open house.
Bob Turner, former mayor of Bowen Island commented on a recommendation included in McLeod's report that suggests that BIM staff makes provincial staff aware of the draft bylaw. "When legislation is under review, it is common practice to defer any pending applications until that piece of legislation is passed," he said. "Since the final outcome cannot be predicted in advance of staff and public input and council consideration, I would suggest to inform the province that you're reviewing legislation and ask them to defer any approval process until that is complete."
Adelaar said that the reason the issue of the docks has come before council is because a group of islanders has decided that something should be done about Cape Roger Curtis. "The bylaw affects all the foreshore around Bowen Island and we have to deal with the people who own property above the high water mark. I don't think it is appropriate to delay dealing with people who might want to move forward with constructing docks," he said. Adelaar added that he is concerned about private property rights versus public rights. "Private property owners have to also be considered as part of the public. I am concerned about people who just want to enjoy their own property. This is not only about Cape Roger Curtis - it's about the whole island," he said, adding that the bylaws have to be considered carefully.
"I fully acknowledge the complexity of the issue," Turner said. "But the best protection you can afford is good process. It is best practice that when you consider a new piece of legislation, you defer any application that comes during that time until you have solid legislation in place."
Council acted on Turners suggestion and instructed staff to write to provincial authorities.
Former councillor Peter Frinton also offered comments. He commended council for taking the steps to amend the bylaws.
"I would like ask council to consider adding some language to encourage group moorage facilities over single moorage facilities," Frinton also suggested.
