Residents near Takhini Hot Springs development sue Yukon gov't
Residents say gov't didn't follow its own rules under a special provision for land use
People living on the Hot Springs Road, just outside of Whitehorse, are suing the Yukon government over a proposed housing development at the Takhini Hot Springs.
The Hot Springs Road Development Area Residents Association filed a lawsuit against Yukon's department of Energy, Mines and Resources last week. The association says the government approved a residential development plan from Hot Springs owner Garry Umbrich, without properly consulting them first.
Association spokesperson Brian Farrell says landowners worry that Umbrich's plans include using a special provision from government to build condos on one of his properties.
"They have made an application for 'bare land condominium' development," said Farrell.
He believes such a development will change the tenor of what is currently a rural residential neighbourhood.
Farrell said several years ago, when a consortium of owners had planned on building "co-operative" housing on lots owned by Takhini Hot Springs, a special provision was added to the development plan. It enabled lot owners to transfer the two-dwelling allowance to a single lot.
Farrell said that arrangement came to an end when Garry Umbrich and a couple of others bought out the other owners a few years ago.
Farrell said the special provision stipulates that the community be consulted before more than two dwellings could be built on any single lot. But he said the government did not consult before giving Umbrich the go-ahead.
"Garry is taking his business and developing his business as he sees reasonable and fit. And if he's been ... permitted to do his development plan to this point, with the government's permission, then the government must take some responsibility for this and for the issue that it's created."
Government's duty to consult
"It's not Garry's responsibility to go out and consult with every community member, that is the government's responsibility. No one in this area was contacted, received a letter, a notice of subdivision. No one."
Farrell said the association wants the government to step back from the development agreement, and undertake "full and proper" consultation with the area residents.
He noted that this is a territorial election year, and said residents will raise the matter with candidates as they go door-to-door.
The Yukon government declined to comment on the lawsuit.