City to blame for Waters Edge fire – and they’re doing it again

Editor: The root cause “kindling” for the massive July 8, 2017 fire that engulfed the Waters Edge North condominium complex being constructed by MKS Resources Inc. (MKS) and that ultimately spread to and destroyed the existing occupied original Waters Edge 65-unit condominium complex and 10 units in the neighbouring Walnut Grove complex was set in place over two years before the actual fire occurred.

MKS, a local Kelowna developer, completed the construction of the original Waters Edge 65-unit complex in 2014.

To quote the MKS sales brochure, MKS was committed to “delivering dream homes to a community of sophisticated buyers” and the Waters Edge consisted of “magnificent units offered a magical setting,” ì”exquisite living,” “beautiful location with creek and lake views,” “gourmet kitchens,” “luxury appointed bathrooms,” “attention to detail,” and “Professional Fire Separation.”

The Waters Edge owners of these dream homes were primarily retirees who invested significant sums of money to enjoy a comfortable lifestyle during their remaining years.

In late 2014, MKS applied to the City of Kelowna for a rezoning application Z14-0030 (519, 529, and 539 Truswell Road) to develop the new Waters Edge North complex.

On Oct. 19, 2014, in an email to the city clerk, I objected to the rezoning application and the proposed variances of:

— increasing the maximum building height from 22 to 25 metres

— reducing the southern side yard setback from three metres to zero.

With regards to the second variance, I stated “this variance will significantly impact the existing north side fire lane/parkade wall road of the Waters Edge and make the road feel like we were driving through a ‘tunnel’ between the two buildings.”

On Oct. 20, 2014, the city clerk acknowledged receipt of my email and advised it would be forwarded to the mayor and council.

On Oct. 21, 2014, city council approved MKS’s rezoning application, but did not address the proposed variances.

On Sept. 15, 2015 the City of Kelowna held a public hearing regarding 529 Truswell Rd.

At this hearing, the city clerk advised the mayor and council that over 20 letters of opposition or concern had been submitted by Waters Edge owners regarding the development of the Waters Edge North complex.

The letters specifically related to the proposed variances and concerns regarding reduction in setbacks, south side lane narrowness, proximity to the existing Waters Edge, impact on fire safety, traffic flow, and emergency services access.

The president of the original Waters Edge strata council made a presentation to council and stated: “received supporting emails and signatures from half of those owners who are opposed to the variances” and “owners of phase 1 are not opposed to the development but to the variances especially related to the setbacks ... raised concern with the narrow lane and the impact on fire safety, traffic flow, snow and garbage removal.”

City staff stated they had: “clarified the fire department comments regarding the impact of access lane with response to and fighting fires.”

No further details were provided for this statement.

After the public meeting concluded, council authorized the issuance of a development variance permit and that the following variances from the existing zoning bylaw be granted.

— Reduce north side yard setback from the required 4.5 m to 1.8 m

— Reduce south side yard setback from the required 3 m to zero

Despite presentations that had been made, council authorized issuance of a development permit with the requested variances.

With the “kindling” in place, MKS commenced construction of the new Waters Edge North in mid to late 2016.

On the morning of July 8, 2017, when an employee of an MKS subcontractor was using a propane torch, the torch ignited the 2 year old “kindling.”

The Waters Edge North building became a towering inferno and quickly spread to the occupied Waters Edge complex of 65 units and 10 units at the Walnut Grove motel.

The City Of Kelowna fire department didn’t seem to have the right equipment to fight the fire.

It has been two months since the fire and more 120 people (mostly seniors) are now out of their homes. Current estimates are it will take 2-3 years to rebuild our “dream homes.”

We have become homeless people who have struggled to find rental accommodations during the peak of tourist season. This has not been an easy task and the rental prices are extremely high.

This was not an act of nature, and it was totally preventable. We did not deserve this.

We have the city to thank for this. They could and should have ensured that safety was considered over and above developer profits and city economic growth and tax revenues.

The new building was too close to the existing building and the firewater system should have been upgraded and capable of fighting this fire. Why did the city allow this to happen? It appears MKS is intending/commencing the reconstruction the Waters Edge North with the same footprint, the same reduced setbacks, and the same inherent dangers.

I, along with many others, strongly oppose the city allowing this to happen.

Douglas Cebryk, Kelowna