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Penticton  

Penticton group sues city over Lakeshore Drive development

Lakeshore lawsuit launched

A newly-formed society of Penticton residents is suing the city in an attempt to kill an eight-unit complex on Lakeshore Drive.

In a civil petition filed Tuesday in BC Supreme Court, the Penticton Society for Transparent Governance and Responsible Development — a group incorporated the week prior on March 30 — seeks a judicial review to force the city to revoke the bylaw and variances council approved in January for development plans at 602 Lakeshore Drive West.

The society consists of directors Peter Gerald Achtem, Jeanette Shawn Beaven, Gary Vernon Denton and Dennis George Hayashi, all named as petitioners in the suit under the umbrella of the society.

They describe their purpose as "to ensure the City of Penticton fully adheres to and complies with the requirements of its zoning bylaw in all matters including but not limited to zoning amendment and subdivision applications."

The lawsuit appears to erroneously list the address as "602 Lakeside Drive West," rather than 620 Lakeshore Drive West, but the also-noted parcel identification number matches with the controversial property on Lakeshore Drive that is being designed by Meiklejohn Architectural Design Studio.

Zoning changes and development permits for an eight-plex on the property earned a lengthy and angry public hearing in December 2021, and a narrow victory in a vote by council in January.

Now, the newly-formed citizen society is appealing to higher authorities than municipal council.

They claim that the decision to rezone designation from R2 (small lot residential) to RM3 (medium density multiple housing) along with variances does not meet legal requirements necessary for the proposed development.

"By purporting to rezone this property, [the City of Penticton] has attempted to create a new zone in which properties that do not meet the width and size requirements of RM3 can nonetheless be developed to the extend provided under RM3," the lawsuit reads, further objecting to the variances as a way of getting around standard RM3 rules.

One of the society's directors, Dennis Hayashi, has been publicly vocal in his opposition to the development since before the zoning bylaw was approved.

In early January, Hayashi, a resident of Lakeshore Drive, penned an open letter to the editor on Castanet, explaining his concern for the future of the city and desire for heritage conservation.

"This is not just a one-off approval, it is the thin edge of the wedge with irrevocable consequences. The real issue is do we want to retain the feel and character of our beautiful historic community or become another Kelowna-like city with no long-term plan," he wrote at the time.

City staff are currently investigating possible bylaws to protect heritage areas along Lakeshore Drive, Windsor Avenue and Front Street.

Legal representation for the Penticton Society for Transparent Governance and Responsible Development could not immediately be reached for comment. The City of Penticton does not comment on pending legal matters.



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