Residents near Takhini Hot Springs development sue Yukon gov't

People livingon the Hot Springs Road, just outside of Whitehorse, aresuing the Yukon government over a proposed housing development at the Takhini Hot Springs.

The Hot Springs Road Development Area Residents Association filed a lawsuit againstYukon's department of Energy, Mines and Resources last week. The associationsays the government approved a residential development plan from Hot Springs owner Garry Umbrich, withoutproperly consulting them first.

Association spokesperson Brian Farrellsays landowners worry thatUmbrich's plans include using a special provision from government to buildcondos on one of his properties.

"They have made an application for 'bare land condominium' development," said Farrell.

He believes such adevelopment 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 saidthat arrangement came to an end when Garry Umbrich and a couple of othersbought 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 saidthe governmentdid not consult before givingUmbrichthe 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 governmentmust 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 saidthe 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 territorialelection 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.