UPDATE ON INFORMATION FOR THE CABIN AREA (LEASES, WATER-SEWER, BUILDING GUIDELINES)

Clear Lake Seasonal Cabin Area 

Information on Conversion Projects

Leases

On April 1, 2013 Parks Canada Agency will issue 42-year leases to the owners of the 525 cabins in the seasonal cabin area on the request of your board. The decision to move to leases from annual camping permits is to provide tenure and leasehold interest to cabin owners while controlling future cost increases. Recent annual seasonal camping permits issued in National Parks have been $1,698 – $2,000 per year. Proactively requesting leases for the campground has ensured the CLCA the best opportunity to negotiate a financially positive conversion.

 

Q:       I hear camping permit fees were going up. Is this true?

A:        Yes, had we stayed with seasonal camping permits, our fees would have been brought in line with fees as charged across Canada in other National Parks. At this time, these fees range from $1,698 to $2,000.   If we chose to stay with Seasonal Camping Permits, our fees would have increased accordingly.

 

Q:       How long is the lease?

A:        As set out in the National Pa

 

rks of Canada Lease and Licence of Occupation Regulations, the length of the lease is 42 years.

 

Q:       Why do we have to sign a lease?

A:        The Clear Lake Cabin Owners’ Association has requested the conversion from permits to leases as a benefit to cabin owners.  This will provide a leasehold interest to cabin owners and ensure a fair return to the Crown for the use of the lands.  This is viewed as a more appropriate arrangement for the cabins in Wasagaming reflecting the permanent nature to which the campground and buildings have evolved.

 

Q:       What benefits does a lease give me?

A:        A lease conveys an interest in the land.  Leaseholders will be assured long-term security and protection of equity.  A lease can be held by a corporation or multiple owners whereas a camping permit can only be held by an individual.  Banking institutions recognize leasehold properties; therefore cabin owners could secure mortgages.

 

Q:       What are the rent options?  How much will I pay?

A:        Rent options for national parks are set out in the National Parks of Canada Lease and Licence of Occupation Regulations.  The estimated appraised land value is currently $75,000.00 per lot. An appraisal this fall will set the final appraisal value for your Lease. In addition to land rent, cabin owners will continue to pay their annual municipal utilities (water, sewer,  garbage and community debt).

 

Basic details of the three rent options are as set out below. 

Option 1:        An annual rent, $1750.00, based on (7/12ths) of 4% of the appraised land value ($75,000.00) of the leasehold property, to be reviewed every ten (10) years thereafter until the term of the lease expires.

 

Option 2:        An annual rent, $1312.00, based on (7/12ths) of 3% of the appraised land value ($75,000.00) of the leasehold property, to  be reviewed every two (2) years thereafter until the term of the lease expires.

 

Option 3:        An annual rent, $1125, based on 1.5% of the appraised land value ($75,000.00) of the leasehold property, which value  is set for the term of the lease.  The rental rate shall then be compounded annually by the average of the previous five years Consumer Price Index to a maximum percentage increase of 5% in any given year.

 

Q:       What if I don’t agree with the appraised land value?

A:        In order to acquire the right to request arbitration of the appraised land value, the cabin owner must first execute the land lease, then as a lessee enter into an arbitration agreement with Parks Canada Agency to dispute the appraised land value.
Q:       What happens to the lease when ownership changes?

A:        The lease attaches to the property; if the cabin is sold or changes owners, then the lease must be assigned to the new owner.  Whatever rent option is chosen upon execution of the lease will follow through the remainder of the term of the lease.

 

Q:       What happens if I don’t sign the lease?

A:        The lease provides the cabin owner the right to occupy the land. If no lease is in place, then the land will be illegally occupied. National Parks regulations would be contravened and a “Notice to Vacate” will be served to the owner.

 

Water and Sewer Connections

 

After 20 years of discussion and review the CLCA board has requested the park allow the cabin owners to proceed with the

installation of service connections to individual cabins while allowing the shared services to remain as long as required. The board recognizes that these connections are required by National Park regulations, that demand for this service is growing and that every year we wait simply adds additional cost to the project.

 

Q:       What will happen to the shower and washroom buildings?

A:        The common washroom and shower buildings in the cabin area will remain at this time.  The Memorandum of Understanding between Parks Canada Agency and the CLCA   sets out the terms for the water and sewer installation project. This MOU details all aspects of the water and sewer project including the future of the shared facilities. The park has agreed that as long as there is reasonable demand for public services they will be available.

 

Q:       Will I be required to connect to water and sewer services?

A:        The cabin owners are r
equired by section 3 (1) of the National Parks Water and Sewer Regulations SOR 2001/2007 to connect to the water and sewer infrastructure. The Parks Canada Agency has been respectful in postponing the application of this regulation to the seasonal campground in Wasagaming but this cannot continue forever.  The time frame agreed upon with the CLCA and outlined within the MOU for the water and sewer project to move forward is the fall of 2013. Ultimately, if you do not already have them, the choice whether to put plumbing fixtures within your cabin remains yours.   Water and sewer lines will be ran to an in-ground connection box in front of your cabin. This will be the “Shutoff Point”. From there, you can choose to have a bathroom, kitchen, etc installed within your cabin or within a “Washroom Building”. Remember, the community washrooms and shower building will remain until it is mutually agreed upon by both the CLCA and Parks Canada that they can be closed. This means connecting to the community water and sewer facilities will remain your choice.

 

Q:       What are the costs of the project and how will they be assessed?

A.        The estimated cost for the completion of the water and sewer system, including installation of a connection box at the front of each cabin, is $5000 per cabin. Adjustments for final costs will be made accordingly.  To proceed with the project each cabin owner will be required to pay their assessed portion of the cost, by June 1, 2013. Fa

ilure to pay your assessed portion may result in cancellation of your lease and a notice to vacate. For cabin owners wishing to finance their assessment they can make arrangements with their bank or the local credit unions are prepared to provide term financing to qualified owners. As a leased property mortgage financing becomes an available option.

 

Q.        What will the Memorandum of Understanding (MOU) provide?

A.        An MOU has been negotiated with parks to outline the relationship between the CLCA and the Parks Canada Agency which details the commitments of parties, including project deliverables, project funding, washroom and shower building decommissioning and cabin connection requirements.

 

Q.        What if I don’t agree with the board’s decision?

A.        The board has considered these issues and made what we believe is the best decision for the association. As the board we are duly elected representatives with a mandate to represent your interests. If you disagree with our actions you have the option to elect new representatives in the future however the park will still require their regulations to be met a

nd changes to your fees in keeping with their acts and regulations.

 

Q.        Why didn’t we vote on water and sewer this time?

A.        Continually voting and debating year after year is causing a divide in our community. We are simply trying to put this issue to rest and move forward. Following the 2006 vote the board agreed to not proceed with water and sewer and advised the park that “until such time as there was a reasonable expectation that a majority of the membership supported the proposal,” (then President Bruce Hembroff, Jan 2007) that the project shouldn’t move forward. The survey results from last winter clearly show majority support in favor of proceeding with at least a dual system at this time. This decision satisfies the cabin owners wishing to connect, maintains the status quo for those who don’t, and provides movement forward to comply with park regulation. There is a financial cost involved but postponing the decision will only increase future costs.We are simply trying to put this issue to rest and move forward.

 

Q.        How much will this cost me each year?

A.        In the first year the land assessment payment of $5,000 is due. After 2013 annual payments will be your lease and municipal services. Specific land assessment values won’t be fully qualified until this winter and each cabin owner will need to choose their lease option and optional cabin renovation plan. A current budget example, using the CLCA board recommended Lease Option 3 and a ‘washroom building’ your costs will be approximately:

Option 3 lease cost:                                        $1,125

Annual Municipal Services:                            $400

Municipal Assessment                                   $5,000
Subtotal:                                                          $6,525

OPTIONAL: Whatever you deem appropriate for plumbing your cabin.  If you chose the CLCA sample Washroom Building, you will pay approximately $5,000 which would include everything you would need for a washroom. Plumbing underneath your cabin to connect your washroom to the municipal service, approximately $500.

 

Payable for 201
4: $1,541 (assuming a 1.5% increase in the CPI)

Payable for 2015: $1,559 (assuming a 1.5% increase in the CPI)…and so on.

 

CLCA Building Guidelines – Frequently Asked Questions (FAQ):

 

To prepare for the conversion projects the CLCAB formed a building committee that worked with Parks Canada to revise the building guidelines to accommodate washroom development. These new guidelines will be posted on our website. The following Q&A’s respond to anticipated questions and highlight some changes

 

Q: What recourse do I have if I disagree with the rules and regulations?

A: Regulations for building a new cabin or any structure within RMNP are solely at the discretion of the Parks Canada Agency. Contact the park office for more information.

 

Q: Is an architect’s stamp required for all projects?

A: Park regulations require architect stamp for all projects over $25,000. A renovation under $25,000 does not require a stamp bu

t must meet all regulatory requirements.

 

Q: Can CLCA provide a set of cabin blueprints that we can download and use?

A: We have developed a series of plans that will be available for download from our website based on our revised building guidelines. These plans are to help you and your architect develop plans specific to your lot and design. Once you have a final design a certified architect stamp is required before submitting for a development permit.

Q: How do you arrive at 768 sq ft for the overall square footage for the cabin?

A: The maximum allowable square footage is 768 and includes all enclosed living space. As an example if your main floor is 16’x32’, this equals 512 sq ft for the main floor. If you want a loft this leaves you with 256 sq ft for the loft space. If you have a 16’x24’ cabin your main floor area is 384 sq ft. and you can add a full second story (2 x 384 = 768). How you achieve 768 sq ft is up to you so long as you stay within the established building guidelines, maximum footprint of 16’ x 32’ and regulated setbacks.

 

Q: Why do you limit the overall square footage to 768 sq ft?

A: We limit the overall s

quare footage in an effort to keep congestion to a minimum. We are promoting smaller cabin footprints and more diversity in cabin structures while conforming to standard building practice.

 

Q: I’ve seen pictures of Waskesiu and they cantilever their second story. Can we do that?

A: In most cases you wouldn’t meet the rules of fire separation as documented in the National Building Code (NBC) which is how side yard setbacks were determined. Additionally, the CLCA feel we would be encroaching on our neighbor’s property and privacy. However if your footprint is smaller than 16 x 32 cantilevered floors could be included in your design.

 

Q: Why are you restric

ting the overall height to 20 feet?

A: To keep the look and feel as natural as possible but still allow people to build cabins that are comfortable a 20 foot height restriction allows you to have a two story structure and build it according to normal building practices.

 

Q: Why can’t I pour footings, use screw piles or drill concrete piles for my cabin?

A: The proximity to other cabins and the chance that drilling piles or pouring footings will undermine the integrity of the foundation of adjacent cabins. The second reason is to preserve the trees for as long as possible we don’t want to disturb the soil and damage root structures.

 

Q: I see a lot of old trailers. If I own a trailer, will all these changes force me out?

A: No. We will not force anyone to move because there is a trailer on their lot. Section 6 states “Trailers, which have been deemed a legal non-conforming structure, will be permitted to exist but not to be replaced when they are removed.”

 
Q: You used to specify the height of the finished main floor to the ground and you don’t anymore.

A: We are trying to ensure cabins didn’t get too high; however, this forced area residents to build too close to the ground effectively preventing any future work from being performed under the cabin.

 

Q: Is it true that because the “cabins” in the Old Campground will have water and sewer that they will be then be classified as “cottages”?

A: No, they will remain classified as “cabins”.

 

 

 

Q:Who do I contact if I have questions or require more information?

A:       CLCA Board plea

se contact:                          Parks Canada please contact:

Trevor Winters, Board Chair                          Dwight McMillan, Townsite Realty Officer

e-mail: [email protected]                            e-mail:  [email protected]

phone: 204-253-5449                         `           phone: 204-848-7214

              

Clear Lake Bathroom Building  

                  

The Park has approved the use of a separate bathroom building. This option would only be available to owners whose cabins are 24’ or smaller.  We have obtained a quote on the cost to build such a building from Twilite Hi Pro Mfg Ltd.  They will build an 8’x6’ insulated building with one window, locking door, and vinyl siding (your choice of color).  These bathroom buildings would be fully equipped with a shower, sink, toilet, in wall heater and small hot water tank.  They will deliver them to your lot for a cost of $4997.00 plus tax.  You would still need to obtain a permit from the Park.  For more information on these buildings contact George Wollman at 204 476 3126 or 877 476 7557.   Twilite may require a minimum number of orders before beginning construction.

 

Summary:

 

The preceding information has been sent to clarify details and provide timely up-dates to cabin owners.  In summary:

 

  1. Based on the rent review process initiated by Parks Canada, our cabin area is unfortunately destined for a rent increase.  You have the information on the options the board reviewed , and it is the opinion of the Board that the best possible option available to us is 42 year leases which provide tenure, stability and an ability to access long term loans if necessary.

In 2005 – 2006 the Board of the CLCA established a committee of cabin owners to make a recommendation on the best option for our area for water and sewer services.  The recommendation of that committee to the Board at that time was that the best solution for our area was to establish a dual system for water and sewer to accommodate both points of view in the cabin area.  In 2012, with the full cooperation from Parks Canada, the board recommended that we proceed with a dual system.  It is important to note that a dual system means that a cabin owner does NOT have to hook up to water and sewer,  the public facilities will remain open.  The entire cabin area will then share costs to put in the infrastructure and to maintain and clean the public washroom system

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