The gentleman responsible for setting up a trailer on the side of the Klondike Highway (Mayo Road) has until October 15 to remove it.

That's what a notice sent to the man responsible for the trailer stated, city planning manager Lesley Cabott said this morning.

'He's in violation of the zoning bylaw, he has to take it (the trailer) out by October 15,' Cabott said.

The trailer, which is sitting on one of three quartz mining claims staked by Lewes Blvd. resident Wade Belcher, does not meet city zoning bylaws, she said.

The claims, according to Belcher, are being worked by Ed Fahr, who he says is not living in the trailer.

'We have areas in the city where you can park trailers, you just can't put it in any area,' Cabott said.

'He needs to come and talk to us.'

Also answering questions this morning was mayor Ernie Bourassa, who said he wasn't happy when he came home from vacation recently and saw the trailer there.

'First of all, setting up any buildings in the City of Whitehorse has to be done with the proper zoning in mind, that's why we have zoning laws,' Bourassa said.

'I'm a little dismayed by this. If we get people doing this all over the city, what good is a planning department?'

He said he felt Whitehorse had matured past the point where staking in city limits should be allowed.

Bourassa said city and YTG officials were currently in negotiations to see how they could make territorial and city laws work together.

According to the Yukon Quartz Mining Land Use Regulations, Belcher can have a foundationless structure for up to 12 consecutive months on his claims, can only dig underground tunnels with hand tools and can use up to 1000 kg of explosives per month.

It is not known if the YTG will attempt to intervene on or before October 15, if the city tries to uphold the order to remove the trailer.

Rob Thomson, manger of client services and inspections for Energy, Mines and Resources, said this morning that he wasn't sure city bylaws could override the Quartz Act regulations.

'To an extent we believe the city is responsible for building rights (within city limits),' Thomson said.

'(But) there is a question of whether the city can take away a right under the Quartz Act,' he said.

He said YTG officials were meeting with city officials in an attempt to allow the two pieces of legislation to 'work in harmony.'

On Tuesday afternoon, the trailer was approached by Star staff but no one appeared to be inside.

Attempts to to contact Belcher this morning were unsuccessful.

Last week, Belcher said he believed both he and Fahr were acting within the law.

'We're just playing around out there, we're well within our rights,' he said.