10 - Sunday, February 7, BC RAIL SPRAYING t9O88 - North Shore News WY residents lose Roundup WEST VANCOUVER Citizens Against Pesticide Spraying (CAPS) have lost their bid to block a BC Rail pesticide-use permit to spray the herbicide Roundup for spot treatment of blackberries along a 10-mile strip of track right-of-way from Ambleside to Horseshoe Bay. By MICHAEL BECKER i News Reporter CAPS appealed the validity of the permit before an Environmen- tal. Appeals Board hearing in November. A ruling had been expected by mid-December. The board ruling came down Thursday. Said CAPS representative and Canadian Earthcare Society presi- “dent Lloyd Manchester: ‘‘They decided as they always do. We're disappointed in the process itself. It's just another example of what's gone on in the past. The En- vironmental Appeals Board tradi- tionally rules in favor of the permit holder.”’ The ruling clears the way for the rail company to spray from Sept. | to Oct. 31 this year, - Said BC Rail track technician "8 nade THAT TUST +: SMONTHS AGO, WE LoockKE D uke Thar!" . ROW ZALKO ROH FIVHESS CONNECTION “2680 W, 4th AVE. KITSILANO 736-0341, Syivan Learning Centre. Because success begins with the basics * HEALTH CLUB INTERNATIONAL PLAZA COMPLEX.’ NORTH SHORE- 986-3487 round #1 John Clarke:‘We're very pleased at the outcome. The outline of the judgment is what we applied for on the permit. We'll begin spray- ing this fall,"* Said Clarke, '‘The delay in the ruling didn’t really hurt anyone. We couldn't do anything until September anyways.” The board ruled the permitted spray program would not have an unreasonable effect on the en- vironment. Manchester said the board had conceded that BC Rait had not properly posted the permit in public, but passed the question on to the administrator of the Pesticide Control Act, Ron Kobylynk. “The board has the power to act, so it’s unusual to pass it on and not make any concrete pro- posals,"’ Manchester said. Manchester said CAPS is in the process of determining the next step the group will take and hasn't ruled out a B.C. Supreme Court challenge. “If a challenge goes ahead, we would ask for a stay or interim in- junction to stop them from spray- ing until the case was heard,"” he TLNO ROW ZALKO HUSCLE CONNECTION 2825 W. 4th AVE. KITSILANO . 739-0342 Sylvan understands how tough it can be for a child who is falling can feel when failure tums to SUCCESS, Sylvan can help your child, “. At Sylvan, we can help your child ‘develop the self-confidence and the | courage to do better in school. Sylvan's proven approach to leam- fing has already helped thousands of children. 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Council proposed to legalize second suites which provide accommodation for family members. This change was consistent with simitar legislation in neighbouring niunicipalities allowing in-law suites. The new bylaw adopted in July of last year, however, resuited in a legal challenge and the change to allow family suites in our Zoning Bylaw was quashed in the courts. We are appealing that decision but at this time we cannot differentiate between suites occupied by family and other illegal suites. As your elected representatives, we have attempted to deal with this very difficult problem in a fair and reasonable manner. This municipality is not alone in addressing the problem and the majority of Council have Slated thal they are not prepared to be the only municipality in the Lower Mainland to legalize second suites in all single family homes. There is strong concern that if second suites were legalized in all circumstances, we would be inviting a total breakdown of our single family areas. On the other hand, it is recognized that a number ot illegal suites exist now and were constructed outside the law. We estimate that 2.000 units or some 10% of our single family homes‘cantain iliegal suites. Even if it were physically possible, we would not be acting responsibly to evict that many suite oc- Cupants at one time in consideration of the major effect it would have on both tenants and landlords. Your Municipal Council has therefore adopted a Registered Illegal Suite Policy to allow for a gradual phase-out of illegal suites. The specifics of that policy include: 1. Applications for registrations of illegal sultes will only ba accepted until April 30, 1988. 2. Inspections will take place to ensure that illegal suites meet basic health and safety standards. If the applicant wishes to utilize the Municipality's inspection services, a fee of $200 is charged, However, that tee will be waived if you apply by March 31, 1988. 3. Al teast two off-street parking spaces must be provided in homes containing illegal sultes. 4. Starting in 1988, payment of an annual fee equivalent to water user and sewer charges for an addi- tional residential unit. For the full year of 1988. this fee will be $132.38. 5, Suites that meet these conditions can then become Registered Illegal Suites, upon signing of an agreement with the District of North Vancouver. +6. Action to enforce tha Zoning Bylaw against Registered tllegal Suites will be temporarily deferred untii dune 30, 1995 at the latest. so long as terms of the agreement entered into with the District of North Vancouver are fuilfilied. While there has been considerable discussion and opinion put forward about our Zoning Bylaw, you should be aware that the courts have upheld it on a number of occasions. After April 30, 1988, on recaipt of written complaint, the municipality will enforce its Zoning Bylaw against those illegal suties not registered. Therefore, if you have an unregistered sulte after April 30, 1988, plaase note that you run the risk of having it shut down should the municipality become aware of Its existence. Upen reading the information trom our Building Department on registration of illegal suites, you may have some additional questions. Information on our policies and implementation procedures as well as application forms can be obtained from the Municipal Hall by contacting the Property Use Inspec- tor's Office at 984-4161. During the process of consideration of the best course of action to take in regard to illegal suites, there was discussion of different population groups whose housing needs have seemingly not been adequately met in the housing market. Such groups include students, widewed seniors and single parents. in order to devise policies which will assist in providing adequate housing for all residents, Council has requested that staff undertake a study on housing alternatives during 1988. The opinions of all affected groups will be sought. Additional information on this study can be obtained from the: Social Planner at 987-7131. MAYOR AND COUNCIL ‘ DISTRICT OF NORTH VANCOUVER APPLICATIONS FOR REGISTRATION OF ILLEGAL SUITES. In order to implement Council's policy to permit the gradual phase-out of illegal suites, the following. procedures have been adopted. ; 3 APPLICATION PERIOD BEGAN — NOVEMBER 1, 1987 ENDS — APRIL 30, 1988 ‘No Applications WHI Be Accepted After April 30, 1988 tt you. do not apply to register your sulte by April-30, 1988 and the municipality receives a complaint, you | will be subject to enforcement of the Zoning Bylaw to ensure closure of the suite. Inspections Inspections will take place to ensure that illegal suites meet basic health and safety standards, The necessary inspections can be carried out by Municipal staff, or by a registered professional engineer, . a registered architect or a certified building inspector employed by the applicant. Fees If the applicant wishes to utilize the Municipality's inspection services, a fee of $200 will be charged. However, that fee will be waived for those who apply by March 31, 1988. if the applicant employs a registered professional engineeer, a registered architect, or a certified building inspector, the fee will be set by the contracting parties. Agreement with Owner. An existing illegal suite may be accepted as a-Registered Iliegal Suite provided that it meets the re- quirements established by the municipality, including compliance with health and safety requirements, provision of a minimum of two off-street parking spaces and payment of an annual fee equivalent to the water and sewer charges for an additional residential unit. Upon registration, an agreement will be signed in which the District will undertake to defer action in respect of the suite on the basis of its illegal existence in a single family residential building for a period of up to June 30, 1995 as follows: a. Should the ownership of the property change after June 30, 1993,-the agreement wilt be: terminated as of the date of ownership change. b. Regardless of ownership, the agreement will be terminated on June 30, 1995 at the latest. The applicant will agree to observe the conditions of the agreement, which will be registered as a covenant against the property. Failure to comply with all conditions may result in the cancellation of the agreement. Upon termination of the agreement, the building and property must be returned to: tawful single family residential use. A fee of $25 will be charged to pay the cost of registering the agreement in the Land Title Office. Phase Out lf ownership changes after June 30, 1993, the suite must be immediately eliminated. All other Suites are to be phased out by June 30, 1995 at the latest. ADDITIONAL INFORMATION: Full information as well as application forms to register illega! suites is available at the Municipal Hall. For application forms, information and explanation contact: Property Use Inspector's Office, Building Department 355 West Queens Road, North Vancouver, B.C. V7N 2K9 Telephone: 984-4161 Hours 8: 30 a.m. to 4:30 p.m. Monday through Friday lexcept statutory holidays). 3 .f & 4 |