A Salmon Arm couple is looking to waive a $31,000 contribution to the city for a proposed trail so they may build a home on their agricultural property.
Brandon and Vanessa Micku have applied to the city for a development variance permit. They wish to waive required frontage upgrades triggered by the development permit for a single family dwelling on their property at 251 Hwy. 97B NE. The frontage upgrades referred is a 200-metre section of the proposed Heritage Trail that would connect the neighbouring R.J. Haney Heritage Village and Museum to Little Mountain Park.
For the frontage upgrades, city staff recommended the Micku’s pay cash-in-lieu –$62,925, which amounts to 25 per cent of the estimated cost of the approximately 200-metre stretch of gravel pathway along their property.
Brandon shared his reasons for pursuing the variance at the April 2 development and planning services committee meeting.
“First reason is we’ve been asked to pay about $64,000 for the trail and then we also have about a roughly $10,000 upgrade that the city has put before us at the street. So to build our house, we’re around $75,000 before we are even allowed to get started…,” said Micku.
Another reason, said Micku, is that the Agricultural Land Commission has not given its support of the trail that runs through agricultural lands. He said the ALC opposed the trail route and has asked that neighbours’concerns be addressed.
“On Monday, I’m sure this is going to be quite full with the neighbours. The neighbours have all been talking, all ALR properties and also the subdivision with Carriage Lane, and if everyone shows that says there’s going to show, I’m sure there’s going to be a lot of people here, because there are a lot of concerns about the trail.”
Micku shared his own concerns on how the trail could impact his small cattle farm and a pond he and his neighbour share water rights to.
“We’re very concerned that the pond could potentially get drained or damaged with bridges going across, especially if pilings get drilled…,” said Micku. “So we have concerns and we just don’t think it’s right to justify having to pay $75,000 to build a single home on a piece of ALR land and especially with (ALC) denying the route of the trail.”
Senior planner Chris Larson explained the city applied to the ALC in 2021 to support a portion of the trail. The ALC didn’t respond until 2023, when it asked for further information around the scope of the trail.
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“The ALC subsequently rejected the application; however, they left a window of appeal open,” said Larson. “They specify that appeal could be either a different alignment or some concessions to meet the concerns of the neighbours. The city has been working on a submission in that regard with the Trail Alliance and with our Greenways committee. That submission to the ALC has a deadline of August.”
Larson noted should “approval of the works ultimately be denied, the applicant’s contribution would be returned.”
Coun. Kevin Flynn said he would support the variance, questioning the fairness of charging the Mickus for a trail that “might or might not happen.”
“I don’t want to get into whether the trail should be there at this point because that’s not really what we’re here to discuss,” said Flynn. “I have been contacted by neighbours and I will say that in general, I support the principle and concept of the Heritage Trail. We’re not even close to actually deciding on exact location and all of that. I just want to make sure we focus on the issue which is the $64,000 cash in lieu that staff wants us to collect, and I will not support collecting.”
After further discussion, along with the provision of additional background information from Brandon, who said he wasn’t aware of the proposed trail when he purchased the property last May, Mayor Alan Harrison suggested an amendment – an alternative cash contribution of $31,462.50, as suggested by planning staff.
“I would support that and I think we have done that in many cases,” said Harrison. “In some cases we have waived the complete cost of a multi-user path in rural areas because we never had any intention of building the multi-user path and probably would never have built it. But in this case, from my point of view, this trail is extremely important.”
Council supported the amendment, with Flynn opposed. However, Flynn supported the amended motion going to council.
“I do feel charging this applicant anything isn’t really fair, but this seems to be the best we’re going to get so I will vote in favour of the amended motion,” said Flynn.
A staff report explained the Heritage Trail, part of the city’s heritage and greenway strategies, its Active Transportation Plan and the official community plan, is intended to be a network linking the proposed West Bay Connector through the city, connecting First Nations lands to Haney.