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April 7, 1989

News 985-2131

NES phote Wweente

AN OMINOUS sign of possible strike action at North Vancouver's Capilano College is held up Wednesday by chief college faculty negotiator Ed
Lavalle after faculty voted 82 per cent Tuesday aight in favor of striking to back contract demands. See story page tree.

2ND PROTEST OF COLLINGWOOD SCHOOL BYLAW

Expansion challenged

A SECOND challenge of the Collingwood private schoo!
expansion bylaw has been launched by a group of residents
in the British Properties Glenmore area.

The residents are challeny: ‘2 the
second Collingwood bylaw. which
was passed by West Vancouver
District Council in February.

The court action is based on the
argument that the bylaw con-
travenes the 1988 Official Com-
munity Plan, particularly with
regards to the rezoning which
would allow for higher density in
an established neighborhood.

“We do not believe it does, but
it is their right to take this to
court,’’ municipal manager Terry
Lester stated Thursday.

Mayor Don Lanskail said he is
not surprised by the challenge.

“lt is regretful that this group

Contributing

appears to be unwilling to accept
the political will of council that has
been expressed on two different
occasions,”’ he said.

The private school’s plan to ex-
pand the former public elementary
school facility to better accommo-
date up to 600 students from
Grades ! to 12, has met with fierce
opposition from area residents.

The municipality is still involved
in court procedures concerning the
initial Collingwood proposal and
bylaw which was passed last year.

A citizens challenge, backed by

financial support from about 100
people, was successful in overturn-
ing the original bylaw on the basis
of how the dates on the notice of
public hearing were listed.

But council is appealing that
decision because the manner in
which the dates were listed is the
same as the procedure followed
throughout the province.

The Union of British Coiumbia
Municipalities is assisting West
Vancouver in the appeal, which
will be heard in court May 11.

Collingwood School officials
didn’t want to wait for the appeal,
however, so they modified their
proposal (downscaling it by 12 per
cent), and began procedures for a
second rezoning bylaw.

Following a second public hear-
ing and deliberations, council
again voted in favor of the rezon-

ing, with incumbent Ald. Rod Day
and newly clected Ald. Carol Anne
Reynolds dissenting.

The challenge of this zoning
bylaw is scheduled to be heard
April 25, although the date may
change as municipal solicitors will
likely be asking for more than the
two hours allotted to the case.

The names listed on the
challenge document are Lorne Ret-
tie and Anne Grant, while a third
name has since been withdrawn.

David Blair, a local resident in-
volved with the first challenge, said

residents are justified in pursuing ©

legal action.

““We elect council to make deci-
sions, but whatever they do has to
be lawful. If not it’s appropriate to
take them to court so that things
will be dealt with better in the
future,’’ said Blair.

He feels that it all comes down
to whether the community plan has
any reai nicaning.

Rob Inman, of the British Pro-
perties Homeowners Association,
also objects to the rezoning of Col-
lingwood on the basis that it is in
contravention of the community
plan and will increase traffic and
wear and tear on roads.

“It’s a good school in the wrong
location,”’ said Inman.

Repeated court challenges of
council decisions are proving cost-
ly, but Mayor Lanskail said that
council would not be backing
down on that basis.

Even if council lost the challenge
on the second bylaw and its appeal
on the first bylaw, Lester remarked
that there would be nothing stop-
ping council from looking at a
third Collingwood bylaw.