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On February 12, 1990 Council requested legal opinion on Council's
jurisdiction over land use designations on the river area, as well ag
clarification as to the type of marina or moorage proposed by the applicants
and the status of any approvais granted by the Fraser River Harbour Commission.

Since the meeting of February 5, 1990, the Municipal Council has
received the following new information/clarification of issues related to this
application:

The Municipal Solicitor, after some research has positively
established that the Pitt River is owned by the Federal Crown and
therefore the City of Port Coquitlam Council has no jurisdiction
whatssever on land uses over the river.

The Fraser River Harbour Commission has indicated that the Municipal
Councils are routinely consulted, together with a number of other
agencies, and their opinion is taken into consideration when making a
decision on land leases. The final decision however is made by the
commission.

The Fraser River Harbour Commission confirmed that the conditions of
the lease requested by the applicant would only permit boat mocrage
for private purposes, for the exclusive use of the residents of the
building; no commercial operation will be permitted within the
proposed lease area. Although provision is made for it in future, no
pier to connect to the floaters to the subject property proposed at
this time. (The pier at the Gillnetter Pub will be used. ).

Although Council has instructed the Planning Department to complete the
work on the "Waterfront Commercial/Residential study", the current appiication
for a water lease complements a project currently under construction; it may
not be reasonable to delay a decision for several months pending a study that
is not likely to have an immediate effect on this particular project. It
would, therefore be appropriate that Council pass the resolution described in
the recommendation section above.

ae

ty <
Carlos Felip, ™% Arch., M.C.I.P.
Director i

CF/kil

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