By Doreen Marion Gee

The things that commonly belong to all the creatures that live in this world are these: the Air, the waters that fall in rain, and the ocean and its beach … This quote by King Alfonso the Wise is being used by a local lawyer as part of her legal argument that the proposed new marina by Robert Evans violates the public interest. Since my last article, the water is at the boiling point around Evans' vision for a yacht oasis. Many people and groups are diving into this controversy, including some local VIPS. A mounting opposition is gaining wind. City Hall also plays an important role in this marina proposal. Much of the concern around the marina concept revolves around public versus private interests. Who really owns our waterways and ocean vistas? These undercurrents could anchor Evans' yacht.

One of the major concerns is that private interests are moving in on a public space. The opponents to the marina are concerned that when part of the Songhees walkway and waterfront are privately developed, it is no longer a public domain. They argue that these areas are essentially public lands for everyone's enjoyment. The lawyer for the South Island Sea Kayaking Association, Irene Faulkner, expands on this point by stating that the proposed private marina contravenes the public interest. In a letter that she wrote to Ron Cantelon, Minister of Agriculture and Lands, Faulkner urges the Minister to deny an application by the developer for a license of occupation. She states “issuing the requested license of occupation is clearly contrary to the public interest” due to loss of views and recreation. Because the marina would eliminate passage for kayakers, approving a lease would “violate the government's duty to hold such public waters and lands 'in trust' for the public...”

City Hall has a definitive role in this marina issue. According to Jarret Matanowitsch, City Planner, the developer has applied for a development permit for his designs, which is under review with any decision still pending. The next step would be a building permit. According to Faulkner, the present zoning is not the proper zoning for a marina The Crown water lot that Evans wants to lease is zoned as 'M-3 -Heavy Industrial' but the proper zoning for a marina is ' M-6- Marine Zone.' Provincial policies state that moorage facilities must comply with local zoning. Also, the lawyer reveals an interesting fact: Part of the water lot has been zoned as ' VHP – Park ' by the City of Victoria. Faulkner poses the question: “Surely, it would be against the public interest to privatize a Crown water lot that has been zoned, in part, for park usage?”

In 2005, Evans won over a million dollars in a lawsuit against the City, when the council at that time changed the zoning on his two small lots. This could make City Hall reluctant to enter the fray again. However, it seems like s a totally different situation now with the public interest involved.

What Evans is planning now is much bigger and bolder than any idea sanctioned back in the eighties. And many important local citizens, leaders and groups are speaking out to applaud or rebuke the proposal.” In a formal statement to the Beacon, Paul Servos, CEO of the Greater Victoria Harbour Authority, states “GVHA supports the marina project as part of the working harbour as long as it can be operated in a safe and compatible manner with other harbour activities determined by regulating authorities. GVHA also supports open, public processes to address any community concerns.” Bruce Carter, CEO of the Chamber of Commerce,endorses the project for its economic benefits. However, other heavyweights are expressing strong opposition to the whole concept. “Obnoxious!” was the heated response from Peter pollen when I asked him for his take on the issue. “What right does he have!” was the view by this former mayor. Others VIPs who are against the proposal are David Turner (former Mayor), Keith Martin, MP, and former City Manager Don Roughley. Even our last pro – development mayor, Alan Lowe, is opposed to the proposed site for the marina. Calvin Sandborn, of the UVIC Environmental Law Clinic basically concurs with Faulkner's assessment.

Barry Hobbis is an outspoken critic of the marina project. As the Director of Operations for the Victoria Harbour Ferry Company and with twenty years of harbour experience, he knows those waters better than most. His major concern is the serious safety hazards posed by a mega – marina: “It will choke off the access and egress of powered and non – powered vessels to a degree that it will create unsafe conditions.” He fears possible “property damage, injury and even death.” Denise Savoie has relayed public concerns to John Baird and Transport Canada. There has been a meeting between all three levels of government involved to gauge their respective roles on this issue. Nothing has been decided by the province or the feds. Savioe wants a public meeting with all government agencies after the BC election.

The extent of public concern can best me measured by the packed auditorium at Vic High School on April 29. When people were asked at the end of the meeting to stand up if they were opposed to the marina, almost everyone stood up. It all begs the question: Who really owns our waterways and walkways? Who should benefit from sun – streaked panoramas along an exquisite public walkway? Who gets the first glimpse of a cobalt ocean speckled with silver? These gifts are a legacy for all of us.