Schooner House residents in Nanoose Bay expressed opposition to a proposal to build a publicly accessible waterfront walkway on their doorstep.
They let their feelings be known when they appeared as a delegation at the Regional District of Nanaimo board meeting on May 27.
Their goal was to encourage the board not to approve an application for a development permit with variance that will allow construction of an approximately 82.4-metresection of the Schooner Cove waterfront walkway, that includes installation of a pedestrian bridge.
The walkway project is a requirement stipulated in the phase development agreement for the Schooner Cove Neighbourhood Plan adopted in 2014. It mandates developers Seacrest Properties, at its own expense, to construct a waterfront walkway facility prior completing the future housing development they plan to build within the area.
The waterfront pathway will provide walking loop that will link to all three phases of the development within Schooner Cove and to a multi-use pathway along Dolphin Drive and beyond. It is intended to be a public amenity, open for everyone to access.
The developers had two options for the project. One is to build a land-based route and the second is a water-based pathway. The land-based option was chosen as the latter presented entitlement and ownership issues including construction and technical challenges.
Although supported by the Fairwinds Community Association and some residents in other parts of Nanoose Bay, some Schooner House residents have strongly rejected the proposed walkway they feel will jeopardize their privacy, security, safety and the value of their property.
"I don't really care about permits. I don't really care about variances but when, potentially if there's people's lives at risks, that's something I care about," said Ralph Kane. "I don't know about you guys. This is what this should be about. Not some stupid little piece of land. It should be about people."
Kane said the developers have the option to build a floating walkway.
"I think that's a no-brainer," said Kane. "I think that's the way to go or anything else but this."
Another resident, Neil Maine, said his main concern is privacy.
"The proposed path runs just feet away from our sliding glass bedroom doors," said Maine.
Resident Diane Deluca also worries about security and privacy as the pathway will be directly in front of her balcony.
"According to the closest survey stake, a mere five metres away," Deluca said, adding they have endured hostility from people encroaching into their property, which she feels will escalate should the pathway be built.
"We already experienced many problems with people trespassing on our section of property," said Deluca. "We have been verbally abused, had middle fingers shown to us, told to FO when we reminded they are on private property. Once such incident last summer, in particular, ended with a threat of a shotgun. I'm not joking. I was there. And incident last fall was incident involving an axe. It took police 43 minutes to respond to that call."
One of the key requirements of the project is the approval of the Schooner House strata owners for the statutory right of way and also a provincial licence as part of the walkway will be on crown land.
Beau Blanaru, who spoke on behalf of the lawyer representing the Schooner Cove residents, said the strata is unlikely to endorse the project based on the number of opposition that was heard by the board. It would need 75 per cent vote from the residents to allow the right of way, which equates to 37 out of the 49 voters.
A representative of Seacliff Properties indicated the proposed pathway was an obligation they agreed to construct and that the current application before the RDN is more about a setback variance for the ramp structure that will be used to facilitate the western-most portion of the path.
"It's important to clarify that the decision and the public consultation relevant to the application today is not about whether the waterfront pathway should be constructed," said Georgia Desjardins, vice-president of development at Seacliff Properties. "This was already approved through the adoption of the Schooner Cove Neighbourhood Plan and the phase development agreement. This application is not about relitigating whether or not a path should be constructed. This is a variance application related to allowing us to deliver on that obligation and commitment to the community."
Desjardins indicated the design of the pathway will not impact the views and privacy of the residents at Schooner House as the ramp will be situated at a lower elevation.
Their plan, Desjardins said, includes an enhanced landscaping buffer that will provide visual and physical barrier to prevent people from trespassing onto Schooner Cove House Strata and also a layer of privacy for the residents.
The developers have held open houses and public consultations from 2019 to 2025 to show the plans they have for the walkway.
Snaw-Naw-As First Nation Chief Brent Edwards supported the walkway project. He said it's an amenity that will be shared by everyone, not just the homeowners, and by future generations.
"The variance for us important to consider because what id does do is take out the Department of Fisheries and Oceans in federal lands when it comes to ensuring that the walkway moves forward," said Edwards. "And I know, when these sort of things are, when they're in our backyard, and folks are coming into your backyard, and changing things, I don't always see it as something that's bad for everybody. So we're hoping that the walkway and the values that we were able to bake into that PDA 15 years ago with Chief David Bob in here are valued."
If the variance application fails to gain traction they will look at an alternate design and construction or if the plan is not endorsed by the RDN board, Desjardins there may be a need to amend the phase development agreement to remove this project as a community amenity and obligation, which she added, "we believe is not in the best interest of the future of delivering on the vision for Fairwinds," which are residential developments within Schooner Cove.
The RDN board did not approve the development permit with variance application but voted to refer the matter back to planning department and for staff to arrange a meeting between Seacrest Properties and the Schooner House Strata to further discuss potential options.
