In an effort to avoid further injuries, one West Vancouver couple contravened environmental bylaws to build an outdoor staircase.
They now have eight months to remove it, following council's unanimous decision Jan. 27.
The staircase was built to avoid the Burnside Road home's arduous driveway, which has been the site of three injurious falls, according to homeowner Judy Reeves.
John Ryckman broke several ribs after tumbling on the driveway in 2007. Reeves shattered her leg in 2012. Ryckman's father died after slipping on the driveway. "My father fell at the base of the driveway and three days later succumbed to his injuries," Ryckman said.
After inheriting money from his late father's estate, Ryckman elected to build the staircase. "At the time I may have thought that we needed some sort of permit, but frankly, by this point it was November and winter was imminent," he said.
Most of the 28-metre wooden walkway is within five metres of the bank of Brothers Creek. The district does not allow construction within 15 metres of creeks.
Cutthroat trout can frequently be spotted in the creek, which flows into Capilano River.
Following construction, Ryckman hired Hemmera environmental consultants to check for damage to the creek. The firm did not observe any erosion or sedimentation. They also could not confirm erosion control measures were followed during construction.
Earlier in the council meeting, the West Vancouver Streamkeeper Society reported a plethora of chum, pink, and coho in district streams, totaling 3,338 salmon observed. The work of the streamkeepers needs to be shielded for environmental intrusion, according to Coun. Michael Lewis. "To suggest for a minute that we can vary the standards that
have been put in place to protect that habitat. .. is unconscionable," he said. "I'm just flabbergasted that anybody would think that that's OK."
Lewis said he found it difficult to comprehend the homeowners decision not to seek a permit.
"This is a community where for Reeves allowed they may have been ignorant, but not malicious.
"In our opinion, there really isn't an alternative," Ryckman said.
While there may have been no damage to the creek, the threat of future erosion is a concern, according to Coun. Nora Gambioli.
"Brothers Creek is the most important fish habitat in our whole community," she said.
An area approximately three metres wide was cleared of brambles and low branches to allow the stairway to be built.
The couple chose the area with the least negative impact on soil stability, according to Hemmera's report.
Ryckman hoped council would allow the homeowners a few years to determine a solution.
"The problem for us is that we spent a lot of money getting it built and we don't have the funds to (replace the driveway) right now," he said.
After nearly taking a header down the driveway, Coun. Craig Cameron suggested allowing the homeowners an extra year, but his friendly amendment was scuttled.
"It's not friendly, I can tell you that," Coun. Bill Soprovich said.
Soprovich suggested the homeowners find a new contractor.
"You should find yourself a new contractor if he didn't say to you that you needed a permit," he said.
The district would not have granted the couple permission to build the walkway, Soprovich said.
"You never would've gotten that stairwell in the location that it's at if you'd gone for a permit," he said. "You went ahead and did it anyway, and now we have to look for resolve."
The homeowners might have received more latitude from council if they hadn't built the stairwell without permission, according to Mayor Michael Smith.
"I think if you'd come here you would've had a very favourable hearing from staff and council," he said.
