A Lower Lonsdale woman is taking the City of North Vancouver and a developer to court, trying to halt a mixed-use commercial/residential condo project that would spoil her view of Burrard Inlet.
In a petition filed Tuesday (May 24) in B.C. Supreme Court, Michele Kvarnstrom alleges that Staburn Group’s proposal for a seven-storey, 28-unit project at 119-123 East Second St. violates the city’s official community plan for the site by being taller than what the bylaw allows.
Council voted to give third reading to a rezoning bylaw Tuesday for the project but earlier that day, Kvarnstrom, who lives on the ninth floor of the 15-storey apartment across the street, filed the petition asking a judge for an order halting any construction.
The maximum height of a building on the property is 75.5 feet or 23 metres, the court documents note. At issue in the suit is how the height of Staburn’s building is calculated. Using the average of the high side of the sloped property and the low side of the property, the building is actually 6.72 feet higher than the OCP allows, meaning the project would require an amendment to the OCP, Kvarnstrom asserts.
None of the allegations have been proven in court.
Kvarnstrom and her co-owner, a partner in the law firm representing her in the petition, addressed council during a public hearing on the project prior to the vote.
Kvarnstrom said if she had known about the potential for a building of that height to be built in front of hers, she wouldn’t have purchased the condo five years ago.
“It is a pretty bitter pill to swallow for the average middle-class homeowner who is having their dearly loved ocean view completely obliterated without any consideration or compensation whatsoever,” she said, suggesting she and her neighbours would also lose their privacy and an estimated $100,000 from their property values. “It doesn't seem quite right, does it?”
Kvarnstrom also critiqued the direction of the city more generally.
“While it has been great seeing the Shipyards area develop into a thriving focal point, I don't think any of us who live here are looking for the area as a whole to turn into another overly congested, noisy and crowded downtown or Yaletown-type situation. If we had wanted that, we would have lived there,” she said.
Co-owner Robert Anderson suggested that council delay their vote until the courts had ruled on the question of how high the building actually is.
Although the city has not yet filed a response to the petition in court, staff did address the substance of the height calculation dispute during the open council meeting.
On sloped sites like the one in question, city planner Matthew Menzel said it is standard practice for the city to calculate the average grade from the high side of the property, in this case, Second Street.
“The rationale for taking that approach is just to ensure that we get a full storey adjacent to the primary frontage where we've got retail units, and also to ensure that we're achieving the full density anticipated by the OCP,” he said. “There is also significant precedents, dating back to almost the inception of the zoning bylaw, which has adopted this approach.”
Council members were unfazed by both the legal challenge and the arguments against the development, and it passed unanimously with glowing comments.
The proposal received praise for its design, addition of office space, family-sized units and its quick access to Lower Lonsdale’s transit and amenities.
“I am quite happy with this development. I think it's absolutely perfect for that area,” said Coun. Holly Back. “Everyone's been waiting to see what's going to happen in that area and it's actually quite long overdue to redevelop it, so I'm very happy with what's going in.”
Mayor Linda Buchanan said she appreciated the concerns raised by Kvarnstrom and Anderson but maintained the building would be a beautiful addition to the neighbourhood.
“I think, in terms of the context for the neighbourhood, it is totally appropriate. It is compliant with the OCP in terms of height and density,” she said.
Staburn’s project will require a fourth and final vote on the bylaw before it is adopted.
Staburn Group has not yet filed a response to the petition but principal Stephen Henderson said he believed the project would go ahead.
“I'm confident it's fully compliant with the official community plan as the application was intended to be compliant in all respects,” he said. “We'll appoint a lawyer and vigorously defend ourselves.”
Henderson added he felt gratified by council’s unanimous vote and positive comments.
“We worked very hard on that,” he said.
In a statement released to the North Shore News on Friday, city staff acknowledged the petition.
“The city was formally served with the petition on ... May 27 and is in the process of engaging external legal counsel to assist with this matter,” it read. “The city can’t comment on the petition at this time but will be filing a response to the petition in court which will set out the city’s position.”
