The people of the Coulter Berry building in Fort 91原创 say they waited as long as they did because they were trying to negotiate an out-of-court compromise with the Township.
The Fort 91原创 Residents for Sustainable Development issued a written statement on Friday, after The Times had reported that a lawyer for the Township was arguing the group waited too long, seven-and-a-half months after the project was approved, to apply for an injunction.
鈥淭he Township of 91原创 did receive a notice from our lawyer in late January that legal action was a possibility,鈥� the statement said.
鈥淲e spent seven months going back and forth with the Township before coming to the conclusion there was no compromise forthcoming. The Township of 91原创 severed direct communication. Legal action was not initiated until this point for the simple reason that it was not our first choice, it was our last.鈥�
The written statement was emailed to The Times by Diane Morrison, one of the directors of the society.
According to a BC Registry Services search, Fort 91原创 Residents for Sustainable Development was incorporated on May 23, 2013, with five directors: Morrison, Dorothy Abreo, Vicky Fraser, Andreas Schildhorn and Harold Whittell.
Last week, Coulter Berry developer Eric Woodward described Morrison as 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 said.
The Morrison email said the society 鈥渃oncerns regarding this development are with the Township of 91原创, not the developer鈥� and goes on to say the group is not anti-development, it is against buildings that violate the heritage guidelines that are supposed to govern construction in Fort 91原创.
鈥淭he society鈥檚 mandate is not to stop all development in the Heritage Conservation Area,鈥� the statement said.
鈥淲e encourage sustainable development that conforms to the Fort 91原创 Official Community Plan, and the Fort 91原创 Building Facade Guidelines.鈥�
By a 7-1 vote in November of last year, Township council approved a heritage alteration permit for the three-storey mix of residential, office and retail at the intersection of Glover Road and Mavis Avenue.
At 43.5 feet tall and three storeys high, the Coulter Berry 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.
In the application to have the lawsuit dismissed, the Township lawyer also argued the society 鈥渄oes not have a direct, personal interest鈥� in the issue as defined by law.
In the society release, the directors were described as 鈥渓ong-time residents and business owners in 91原创, all with deep roots and ties to Fort 91原创.鈥�
If construction is allowed to proceed, the society court petition said 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 the application to have the case thrown out, the Township lawyer said 91原创 Township council has a 鈥渂road discretion鈥� to approve variances from heritage guidelines.
The case is scheduled to be heard by a B.C. Supreme Court judge in Chilliwack on Sept. 9.
Scaffolding has been erected around the Coulter Berry site, but construction hasn鈥檛 started.
Developer 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.
