Municipal officials and a local landowner reached a mutually satisfactory outcome regarding the issue of a portion of a parking lot encroaching on Town of Sundre property.
"While undertaking the review of a development permit application for a business located just east of the IGA, it was noticed that the southern portion of the parking lot west of the IGA currently encroaches onto part of the town-owned lands, zoned as Environmental Reserve," said planner Denica Crosbie during a council meeting last month.
A review of the land files showed that council had not approved the encroachment, and the matter was subsequently discussed with the landowner, she said.
"With the cooperation of the landowner, planning staff then sought legal advice on what options were available to the town to rectify the issue."
The municipality's legal counsel outlined three potential solutions: to advise the landowner that the encroaching portion of the parking lot must be removed; grant a limited three-year licence to the landowner for the area required; or to offer a permanent solution, which would be to sell the town-owned portion of the land, she said.
These options were presented to the landowner to determine which would be the most preferred. As a result of that discussion, the planning department received an application from the landowner with the intent to purchase the lands and re-designate a portion of the lot in question to Central Commercial District from Environmental Reserve, she said.
"The town's lawyer has suggested that the Town of Sundre enter into a purchase and sale agreement to remedy the encroachment to ensure that a defined process is set out, and timelines and obligations clearly stated."
The land use bylaw amendment to accommodate the change in zoning was circulated to 15 neighbouring landowners, but no questions, comments or concerns were expressed, she said.
Marty Mennear, who owns the land, attended the meeting and told council following Crosbie's presentation that there had been a mix-up on a previous sale of the property years ago and that he is comfortable with the result of the negotiations.
