A court fight over construction of the Coulter Berry building in Fort 91原创 has pitted a newly-formed society against the Township of 91原创.
The Society of Fort 91原创 Residents for Sustainable Development is asking the B.C. Supreme Court to prevent construction of the three-storey mix of residential, office and retail at the intersection of Glover Road and Mavis Avenue.
The Township has responded by asking the court to throw the society lawsuit out and has applied to have its application to dismiss the matter heard by a judge in Chilliwack on Sept. 9.
In court documents filed with the Chilliwack B.C. Supreme Court registry on July 8, the lawyer for the society maintains the Coulter Berry building violates the Township heritage protection regulations because it is too big.
If construction is allowed to proceed, the society petition says the Coulter Berry building would 鈥渦nalterably and irreparably undermine the heritage policies for land located in the Heritage Conservation Area, to the detriment of the cultural and historical heritage of Fort 91原创, contrary to law.鈥�
In a written response, filed Aug. 2, the Township lawyer says the 91原创 Township council has a 鈥渂road discretion鈥� to approve variances from heritage guidelines.
The Township petition goes on to argue the society lawsuit should be dismissed because the society 鈥渄oes not have a direct, personal interest鈥� in the issue as defined by law and it waited too long, seven-and-a-half months after the project was approved, to apply for an injunction.
in November of last year after two evenings of sometimes-heated debate.
It was a 7-1 vote with only Councillor David Davis opposed.
Because the Coulter Berry property is located within the Heritage Conservation Area of the Fort 91原创 Community Plan and is subject to the Fort 91原创 Building Facade Design Guidelines, a heritage alteration permit had to be approved by council.
At 43.5 feet tall and three storeys high, the building is 14.5 feet over the height limit of 29 feet and two storeys.
It also has a lot coverage of 67 per cent, when only 60 per cent is allowed.
According to a BC Registry Services search, the Society of Fort 91原创 Residents for Sustainable Development was incorporated on May 23, 2013, with five directors: Dorothy Abreo, Vicky Fraser, Diane Morrison, Andreas Schildhorn and Harold Whittell.
Coulter Berry developer Eric Woodward said one of the society directors, Morrison, is the 鈥減rimary proprietor鈥� of Wendel鈥檚 cafe and bookstore, the business located across the street from the proposed building.
鈥淭he petition seems designed to delay the commencement of construction of the Coulter Berry Building to prevent additional competition in Fort 91原创 for Wendel鈥檚,鈥� Woodward told The Times on Tuesday.
At press time, Morrison had not responded to a Times request for comment.
Meanwhile, scaffolding has gone up around the Coulter Berry site, but construction hasn鈥檛 started.
Woodward said the delay isn鈥檛 due to the court action and he expects work will begin later this month once 鈥渁 few more technical details鈥� have been worked out.
鈥淚t [the Coulter Berry design] is a complicated zero-lot line development because of the extensive underground parkade,鈥� Woodward said.
鈥淭he petition has not affected progress whatsoever. We expect to get underway very soon.鈥�
