Petitioners are also asking Crown Lands to ensure that the district issues no subleases for foreshore at the bay and associated water lot. But, said West Vancouver parks and recreation director Kevin Pike, “It is our understanding that she (the dress shop owner) has not ap- plied (for purchase} yet. Crown lands usually consults us on these issues as they come up and we haven't heard from them yet.”’ It was confirmed to the district in April that a purchase applica- tion had been made but in recon- firming the status of the applica- tion on May 24 the district was told there was no record of an ap- plication. The dress shop, Champagne Tastes, sells upscale fashions at discounted prices. It attracts, ac- cording to an April daily newspa- per feature, ‘‘...a constant stream of elegant women....” While the district controls public foreshore in the bay through a head lease from the Ministry of Crown Lands, Marilyn Diligenti’s boat-house dress shop sits on marina-zoned waterfront that she owns. The dress-sshop owner was ac- quitted last year on a charge of selling merchandise contrary to West Vancouver zoning bylaws. The municipality appealed the acquittal but lost. The argument turned on whether porter or not Diligenti’s business could be defined an accessory building to a marina. The court agreed that ac- cessory buildings to marinas do sell women’s clothing. But the judge said the municipality did not enter evidence as to whether a marina is operating at Garrow Bay. Meanwhile an application for foreshore and waterlot sublease has been in limbo since the legal skirmish between Diligenti and the district. West Vancouver District director of permits and licensing Ian Mor- rison confirmed May 18 that Dili- genti is operating her shop without a business licence. On May 14, Wellington Avenue resident Kathleen Matthews and the Gleneagles Ratepayers Association asked council for ac- tion regarding an alleged en- croachment of foreshore land and related issues concerning the failed appeal. Said Matthews, ‘‘l am concern- ed about commercial traffic pass- ing through a _ residential neighborhood. It’s of particular concern because the street is not designed to safely support any commercial traffic. I am concerned about the presence of the cars that visit her dress shop and by boats that visit her dress shop because of 3 ~ Friday, May 25, 1990 - North Shore News Residents lobby against foreshore purchase OWWER OF CONTROVERSIAL W. VAN BOUTIQUE EYES WATERFRONT LAND WEST VANCOUVERITES lobbying the district to main- tain public beach access to the municipality’s Garrow Bay have petitioned the Minister of Crown Lands to reject any application from the owner of a controversial area dress shop to purchase foreshore property in the bay. NEWS photo Neil Lucente RESIDENTS GATHERED last year in front of a controversial West Vancouver fashion boutique that sits at the centre of neighborhood unrest in West Vancouver. The issue recently returned to West Vancouver council when a Wellington Avenue resident and the Gleneagles Ratepayers Association presented council with a number of hard questions concerning the continued operation of Champagne Tastes at Garrow Bay. the impzct that activity has on our enjoymes:. of our beach. It is my opinion she is not operating a marina down there as a principal activity and there appears to be what can only be described as an extension of privilege regarding Mrs. Diligenti’s use of the foreshore.”’ Added WeHlington resident NEWS photo Neil Lucente Lynn Valley lives it up LYNN VALLEY kicks off the summer with its 78th Annual Lynn Valley Day on Saturday (May 26). The day starts off with a pancake breakfast at Lynn Valley Centre. Other activities include a fun run, parade, May Queen's tea, car rally and more. The day is presented by Lynn Valley Centre and the Lynn Valley Lions Club. Cruise ship too tall for bridge VERSATILE PACIFIC Shipyards Inc.’s decision to repair the cruise ship Wind Spirit at its Victoria yard rather than at its North Van- couver facility was dictated by the Lions Gate Bridge, according to the shipyard’s chief executive of- ficer. Peter Quinn — said masted sail-cruise repaired in Victoria the four- vessel was because the masts of the ship were too high to get under the bridge, which has a high-water clearance of 20G feet. Quinn was responding to a story in the May 18 News chronicling the most recent layofls at Versatile’s North Vancouver vard, which the company recently announced had been down-graded to a ship repair facility. A spokesman for the shipyard said in the News report that he did not know why the vessel was being repaired in Victoria. Quinn had been unavailable for comment. The Wind Spirit was scheduled to arrive in’ English Bay harbor Thursday, enroute to Prince Rupert and Juneau, Alaska to beuin its Alaskan cruise season, Daniel Izzard, ‘‘it’s unfortunate this has happened. This is a quiet little residential area, and we get all these trucks. The road is not really fit for it. It’s a hazard. At one point she even had buses going down there. We're against the operation. I have nothing personal against the lady or the family. I just wish they would do their commercial business in a commer- cial zone.”’ Diligenti was unavailable for comment to press time Thursday. But in an earlier News article she defended the dress shop, arguing that it was ‘‘...far less objec- tionable than a _ restaurant or marina.”’ Alderman foresees house limits homes’ builders. “On Balmoral, if the natural grade shows the heights are within current limits, we have to let them (home builders) proceed. If it’s From page 2 near the Balmoral houses. “‘We’re not happy with that (re- troactive legislation) at all,’’ said Kareen MacPherson. ‘‘They’re sweeping this thing under the rug. They’re destroying the neighborhood and it doesn’t seem they will provide any justice at all.”” She added that the council should be accountable for its ac- tions and vowed the homeowners’ group will continue to fight the council over its latest decision. “We're not finished yet...we won't give up,”’ she said. Another area homeowner, Vicki Cowan, said the district has had three years to tackle the monster house issue, when the buildings first started appearing in Van- couver. *“*New houses continue to be built to the maximum heights despite public outcry. There’s something here thai needs to be brought to the attention of a lot more people,”’ said Cowan. But Crist said, if the Balmoral and Tudor houses do violate the district’s grade bylaw, council will be forced to make them legally non-conforming or face the possi- bility of legal action from the Automotives..... Classified Ads. Editorial Page Home & Garden......... Mailbox Paul St. Pierre ... What's Going On above the limit, we'll make it (bylaw) retroactive and the neighbers will be stuck with the monster houses,”’ said Crist, who added that he will introduce a mo- tion to review the whole issue of measuring house heights. “The good side of this is that the district, after getting a good kick in the butt, will bring in de- cent legislation to limit the heights. The district in the past wasn’t prepared to do this,’’ said Crist. “We didn’t have the courage to say to builders that that's (height limit) it and you can’t build 34- foot houses.” The monster house issue was raised after B.C. Supreme Court Justice John Spencer ruled earlier this month that the North Van- couver building permit issued to the Tudor Avenue house con- travened the district's own zoning bylaw, which had been amended in 1988 to stop developers from ad- ding fill to their properties to ar- tificially raise a site’s grade before applying for a development per- mit. Friday, cloudy with sunny periods, Saturday, periods of rain. Highs near 18°C.