40 - Friday, October 22, 1993 - North Shore News Council reviewing steep-slope decision in favor of developer 199] Martin Corp. successfully c WEST VANCOUVER councillors are reviewing a legal opinion on a_ B.C. Supreme Court decision which recently supported a Caulfeild development com- pany that challenged a 1991 bylaw requiring development permits for construction on steep-slope lots. By Anna Marie D’Angelo News Reporter Mayor Mark Sager said the municipality may appeal the deci- sion but he: declined to say what. the legal opinion stated. The steep-slope bylaw is meant “to safeguard new houses and pre- vent erosion on steep (grades of _ + 35% or more), hazardous terrain in the municipality. But the court-ruled Oct. 4 that- * the: bylaw. does not have general! application. throughout: the *! municipality. See -..By successfully challenging the bylaw, :Caulfeild developer Martin . Corp. Ltd/iidoes not: need to ob- tain a development’ permit — “which .would require’ a_ public - hearing -— for~ steep lots. in “undeveloped Caulfeild land. ‘The developer can simply obtain "a building permit without public _ input. ua vs Said. Caulfeild Ratepayers’ “Association (CRA) .president Vic- tor Durman, “l’m sure the build- - “ings on these lots will be stable. ““. “But’ this developer does not ‘want to meet the public..The nut. Ttem Shown is: Sofa $1590 Loveseat $1490 hallenges bylaw 44 Caulfeild was not supposed to be developed like a normal subdivision. 99 -— Caulfeild Ratepayers’ Association ‘of this problem is this developer ‘does not wish to present his plan (for the area) for public scrutiny.” Durman asserted CRA’s wishes to have a comprchensive plan available to the public for the undeveloped Caulfeild land. He said individual council _ members should state their posi- tions about green belt and a trail system in the area prior to the municipal election. Durman said the size of undeveloped land was roughly half of the area of Lighthouse Park. He said most council members are not aware of the housing de- velopment's potential impact because they do not live in the Caulfeild area. But Sager said municipal staff will table a comprehensive trail system for the area by the end of October. “Iv is a priority and it is being addressed,”’ said Sager. Sager said approximately 120 lots are in the undeveloped Caulfeild area owned by : Martin Corp. : He said the steep-slope bylaw addressed the issue of building homes in a ‘sensitive manner’ on hillsides, taking into account problems with blasting. president Victor Durman “We better be fair here to Howard Martin because he has been responsible for a lot of sub- divisions in West Vancouver and he has not been responsible for any of those problems,’’ said Sager. . In July, the CRA asked for a comprehensive plan outlining the green bell system on Martin Corp. Angry residents faced council over a rock wall built on green belt adjacent to a West Vista Estates lot. Durman said the plan should contain the green belt trail systera promised to the municipality 15 years ago in exchange for in- creased density allowances for the developer. “The developer would end up with a better development .and therefore make more money. “And we would end up with a development we can live with,’’ said Durman. He said the Caulfeild land-use contract indicated development in the area should involve clusters of houses with trees all around. “Caulfeild was not supposed to be developed like a normal sub- division,” said Durman, adding See Ratepayers page 14 Other Styles start at: Sofas $1199, Loveseat $1099 Choose from over 50 styles and 1000 fabrics ARDAGH HUNTER TURNER Barristers & Solicitors IMPAIRED DRIVING AFTER HOURS FREE [INITIAL CONSULTATION Crimi Manes Oniy| 986-4366 | #300-1401 LONSDALE, NORTH VANCOUVER, BC. 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