City says no dust control for road that is not a road

The City declined a request to provide dust control to residents who live near an undeveloped gravel road at the top of Victoria Avenue.

The City of Cranbrook declined a request to provide dust control to residents who live near an undeveloped gravel road at the top of Victoria Avenue. Council received a letter in May from two residents with concerns around dust issues. The residents live on the 1400 block of 21A Avenue South. The gravel road is 22nd Avenue South.

“There’s a bit of a history, as you can see, on this road,” explained CAO Wayne Staudt at the June 8 council meeting. “This road came to us as a result of taking in the College of the Rockies Gold Creek Campus when they bought that from TransCanada pipeline and they needed services up there. We provided services.”

The letter concerns the undeveloped road that runs behind the College of the Rockies Gold Creek Campus, and requests that dust suppression activities be undertaken by the City of Cranbrook to control the dust.

“The bottom line is this is not truly a road, but people are starting to use it,” Staudt said. “It is not a developed road, it is not a construction road and it is not considered to be a lane way either, but people are making use of it as a road.”

Staudt said the city has not maintained the road in the past, and prior to the city taking over the land it was under the Ministry of Transportation and Infrastructure and the Regional District of East Kootenay.

“And they did not maintain it as a road either,” he said. “Public Works has no intentions of maintaining it.”

He added that they have no intention of blocking it off either. There is also no winter plowing of the road either, as the residences in that area can be accessed from 22nd Avenue South.

“That is the route we would use for any kind of emergency access we would need, for fire or anything like that,” he said.

City staff noted that when this road was the jurisdiction of the MOTI and RDEK, a building permit for a residence was issued for the lot. The permit showed the single access to the property being off 22nd Avenue South, when the property, which is located in the RDEK, is addressed off 13th Street South, where the driveway leaves a paved road. However, the 13th Street South driveway is treed in and would need to be cleared to allow access.

The city noted that since that time, the Orchard Heights Subdivisions have been developed to the west. In that area, many of the residents whose properties back onto this road dedication use it to access the rear of their properties.

The city also noted that the developer was not required to construct that portion of  22nd Avenue South for road dedication, thereby prohibiting access to the back of the properties.

“If these newly-created properties were to have access off 22nd Avenue South, the developer would have been required to construct this portion of road,” city staff wrote.

Lot owners have also approached the city in the past to enquire about building garages with access off the road dedication. In all cases, they have been told they cannot build garages off the road dedication because it is an undeveloped and unconstructed road and, therefore, not a proper access.


Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

COVID-19. (Image courtesy CDC)
81 new cases of COVID-19 detected in Interior Health Friday

One additional staff member at Kelowna long-term care home tests positive, no new deaths

A case of Covid-19 was identified at Cranbrook Montessori Pre-School last week.
Covid identified at Cranbrook Montessori

A case of Covid-19 was identified at Cranbrook Montessori Pre-School last week.… Continue reading

The 2020 Wasa Triathlon was cancelled. Above, the bike portion of the 2019 event. Bulletin file
Gerick Sports Wasa Triathlon committee is going ahead with planning 2021 event

Lots of uncertainty, but the committee has decided its too early to cancel

Bootleg Gap Golf Course has been sold to Simkins Golf Management Inc. for $3 million.
Bootleg Gap Golf Course sold to Simkins Golf Management for $3 million

After the decision was made to sell back in October 2019, Council… Continue reading

Dorothy Kilgallen, circa 1952 (
Booknotes: Fearless reporter among the greatest of all time

Mike Selby “Success has not changed Frank Sinatra,” wrote journalist Dorothy Kilgallen… Continue reading

Unofficial holidays: Here’s what people are celebrating for the week of Dec. 6 to 12

Mountain Day, Dewey Decimal System Day and Lard Day are all coming up this week

Demonstrators, organized by the Public Fishery Alliance, outside the downtown Vancouver offices of Fisheries and Oceans Canada July 6 demand the marking of all hatchery chinook to allow for a sustainable public fishery while wild stocks recover. (Public Fishery Alliance Facebook photo)
Angry B.C. anglers see petition tabled in House of Commons

Salmon fishers demand better access to the healthy stocks in the public fishery

(Hotel Zed/Flytographer)
B.C. hotel grants couple 18 years of free stays after making baby on Valentines Day

Hotel Zed has announced a Kelowna couple has received free Valentines Day stays for next 18 years

Farmers raise slogans during a protest on a highway at the Delhi-Haryana state border, India, Thursday, Dec. 3, 2020. Prime Minister Justin Trudeau rejected the diplomatic scolding Canada’s envoy to India received on Friday for his recent comments in support of protesting Indian farmers. Tens of thousands of farmers have descended upon the borders of New Delhi to protest new farming laws that they say will open them to corporate exploitation. THE CANADIAN PRESS/AP-Manish Swarup
Trudeau brushes off India’s criticism for standing with farmers in anti-Modi protests

The High Commission of India in Ottawa had no comment when contacted Friday

Nurse Kath Olmstead prepares a shot as the world’s biggest study of a possible COVID-19 vaccine, developed by the National Institutes of Health and Moderna Inc., gets underway Monday, July 27, 2020, in Binghamton, N.Y. U.S. biotech firm Moderna says its vaccine is showing signs of producing lasting immunity to COVID-19, and that it will have as many as many as 125 million doses available by the end of March. THE CANADIAN PRESS/AP-Hans Pennink
Canada orders more COVID vaccines, refines advice on first doses as cases reach 400K

Canada recorded its 300,000th case of COVID-19 on Nov. 16

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Apartments are seen lit up in downtown Vancouver as people are encouraged to stay home during the global COVID-19 pandemic on Thursday, Dec. 3, 2020. British Columbia’s deputy provincial health officer says provincewide data show the most important area B.C. must tackle in its response to the COVID-19 pandemic is health inequity. THE CANADIAN PRESS/Marissa Tiel
Age, income among top factors affecting well-being during pandemic, B.C. survey shows

Among respondents earning $20,000 a year or less, more than 41 per cent reported concern about food insecurity

Information about the number of COVID-19 cases in Abbotsford and other municipalities poses a danger to the public, the Provincial Health Services Authority says. (Photo: Tyler Olsen/Abbotsford News)
More city-level COVID-19 data would jeopardize public health, B.C. provincial health agency says

Agency refuses to release weekly COVID-19 case counts, citing privacy and public health concerns

Most Read