Photo by Whitehorse Star
DECISIVE VOTE LOOMS – While the owners of many houses along the escarpment were bought out in the 1970s, the inhabitants of 609 Drury St. (above) remained in their home. Council will vote on the rezoning issue next week.
Photo by Whitehorse Star
DECISIVE VOTE LOOMS – While the owners of many houses along the escarpment were bought out in the 1970s, the inhabitants of 609 Drury St. (above) remained in their home. Council will vote on the rezoning issue next week.
It will be another week before former residents of the escarpment area who feel they were forced to leave their homes in the 1970s will learn whether city council will rezone another property in the area.
It will be another week before former residents of the escarpment area who feel they were forced to leave their homes in the 1970s will learn whether city council will rezone another property in the area.
"We'll be here next week,” Arla Repka said in an interview outside council chambers Monday night.
Repka and her husband, Corky, were joined by two other former residents of the area.
They listened to a report by city planner Mike Ellis which recommended rezoning 609 Drury St. back to a residential zone from its current Environmental Protection.
The rezoning would be contingent on owner Edith Wienecke signing a development agreement with the city for work aimed at mitigating any erosion coming from the nearby clay cliffs.
The recommendation comes more than 30 years after residents along the escarpment were informed they would have to leave their homes under a federal program due to safety concerns about potential mudslides.
While there was never a formal expropriation of the area, many former residents like the Repkas said they took the government buy-out believing they would be forced to leave.
The Wieneckes, however, held on to their property, remaining on the site where they had lived since the 1950s, just discovering a few years ago that the site had been rezoned to Environmental Protection.
Since then, Wienecke and her daughter Tamara Goeppel, who's been acting on Wienecke's behalf, has been working to get the site back to a residential zoning, arguing her mother wants to remain there.
A geotechnical study Goeppel had done showed there are no issues with the site while other studies place the property in a moderate hazard zone.
Former residents of the area argued against the rezoning, stating they want fair treatment.
As Ellis stated in his report Monday night, there is no caveat on the title of the property which mentions the buy-out program of the 1970s.
"While it is a sensitive issue to former residents, this is not a land use planning issue that can be addressed as part of this amendment,” he stated in his report.
Ellis went on to state the conditions that would be covered off in the development agreement to deal with any sloughage from the clay cliffs.
Two ditches and berms would be built offsight. Other conditions would see no watering, alteration or removal of nearby slopes.
Any future construction would be limited to the west or south of the current home.
Going ahead with the rezoning would remove the non-conforming status of the property, allowing for reconstruction, renovations or the building's expansion.
"If council does not approve this amendment, the city would need to be prepared to enter into negotiations for purchase of this property when Mrs. Wienecke wishes to sell,” Ellis stated in his report.
In stating her opposition to the rezoning, Coun. Betty Irwin earned the applause of the four former residents of the area.
Arguing that all bylaws should be fair and consistent, Irwin said she couldn't support the rezoning and treating one property differently from another.
While the property is in a non-conforming use, Irwin suggested that Wienecke should be allowed to remain at home on the property until such time she wants to sell.
As with other area properties over the years, the city would likely then purchase the property.
Due to its zoning, it's unlikely a bank would finance a private sale, and in the past, the city has bought the few properties that weren't sold during the initial buy-out period.
Meanwhile, Coun. Ranj Pillai sees it as an opportunity to right a wrong made years ago.
The property could be rezoned, he said, but the city should be looking at identifying everyone who was forced or pressured to sell their lots and give them an opportunity to buy them back.
The city is already considering the possibility of infill development in a lower-risk area of the clay cliffs, Ellis stated earlier under questioning by Coun. Florence Roberts.
Outside council chambers, Corky said he likes Pillai's idea of offering the properties back to the original owners for purchase, though he added he isn't so fond of rezoning 609 Drury St.
As for whether the Repkas would take any action should council vote in favour of the rezoning, they said they likely wouldn't, as it would be a waste of time and money.
Council will vote on the rezoning next week.
Goeppel could not be reached for comment.
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