New concerns in Tudor Estates dispute
RESIDENTS CAN’T ACCESS COULEES OVER PRIVATE PROPERTY
The long-running dispute between Tudor Estates residents and local landowner Douglas Bergen was back before city council on Monday, with new concerns being lodged by the residents.
Many of the complaints registered with council involved Bergen’s decision to post private property signs which seek to prevent local residents from crossing his land to access the local coulee area.
“Many people who live in the area have been using the land as park space, when in fact it is not park space — it is privately owned,” clarified Mayor Chris Spearman during Monday’s council meeting. “The majority of the area directly abutting the Tudor neighbourhood up to the fenceline is owned by a private owner and is zoned FUD (Future Urban Development).”
City property services director Jeff Greene reiterated this point in an interview on Wednesday with The Herald, and reminded residents that anyone trying to access the coulee area for recreation purposes through Bergen’s property is actually trespassing. If the landowner in this case seeks to assert his property rights then there is nothing the City can do about it, said Greene.
“Right now, if Tudor residents are exiting from the park area or from any of the existing roads, and people are utilizing his property he has the right to prevent that from occurring because it is his property, not the City’s.”
Greene admitted the current dispute likely stems from Bergen’s previous plans for the property, which had included a 37-plot residential subdivision abutting Tudor Estates before his bid to rezone to allow for this development was quashed by council.
Tudor Estates resident Barry Harper confirmed there was a wariness among residents about Bergen’s intentions, and a heightened awareness where Bergen’s development activities are concerned.
“The heightened awareness he experiences there comes down to: What is the future going to look like? What are the impacts of this development on housing values, and I think if you were to look at homes that had a view, that had nothing between them and the coulee, this hits people in their pocketbooks. It affects the value of their homes. If something is going on which is reducing the value of your property, or at least raising some concerns around the value of your property, that brings another element into play than just wanting to preserve this land for pristine parkland,” said Harper.
For his part, Bergen told The Herald the past is the past, and he has moved on with what he is now permitted to do with his property.
“The land is now zoned for one house, and we are building one house,” Bergen said. “If the neighbourhood is contentious about that then that is up to them, but there should be no tension with building one house. We have a development permit to build access to our property and build one house, and that is where it will end. So hopefully everyone can be at peace after that.”
But that doesn’t seem likely, admitted Harper, because many in the area are disappointed the land the development is on, which used to be empty grassland and a coulee area that had been used by residents for many years to engage in recreational activities, is being lost to them. Harper said he has accepted this fact, but has other grievances with the current way an access road is being built onto the property.
“He (Bergen) has the right to do that,” stated Harper. “He has had to file engineering specs with the City. Those specifications required a culvert, and that culvert should be installed, by my understanding, where the playground backs onto the coulee. And in the construction they have done, there is no culvert there. My understanding, and I confirmed this with the City planners (on Wednesday), that culvert should be there.”
Greene said he was aware of Harper’s complaint, and had followed up on it with Bergen.
“We have communicated with Mr. Bergen and with Alberta Environment because there are drainage requirements,” said Greene. “There is a requirement for a culvert to go in at that location. Mr. Bergen has advised us that Tetra Tech, who is the engineer on record, is on site and is supervising the necessary installation as per his permit.”