Yellowknife (Sep 08/04) - Despite support from council, and even the man who took the development permit to court, it will likely be spring before Homes North can begin construction at Niven Lake.

The development permit for Phase VI of the Niven Lake subdivision was approved by the city, May 14, but an appeal and subsequent court injunction have prevented Homes North from getting the 108-lot project off the ground.

Company president Les Rocher told city council on Tuesday that he can't wait too long for a court-ordered public hearing before the development appeal board -- tentatively scheduled for Oct. 4 -- on the permit it already approved in June.

"We're looking at two weeks and then I'm done," Rocher said, noting that he can't install water and sewer infrastructure after freeze-up.

"If I'm shut down until Oct.4 this conversation is moot."

Adrian Boyd, the Niven Lake resident who took the appeal board decision to court and was granted a stop-work order, appeared before council alongside Homes North representative Kevin Hodgins to report that the two have drawn up an alternative solution.

Those plans include moving a cul-de-sac further west from its current proposed location and allowing a contested park relocation to go ahead in exchange for assurances from the city that it would fund a community-based committee to design a trail and park system through Niven Lake.

"The public would hold the pen on the design," said Boyd.

"Instead of staff bringing it forward to council, we're looking at volunteers doing it."

But Mayor Gord Van Tighem said even Boyd's compromise with Homes North won't be enough to allow work at the site to continue now that the court process has been set in motion. Even if the appeal board is quick to overturn their earlier decision, any re-zoning changes will have to undergo public hearings and final approval from council.

He said the city will attempt to arrange a quicker date for the appeal board hearing but that may prove difficult. Board chair Nalini Naidoo is on vacation until mid-September and hearings require 10-days notice to the public.

Dog route not a hit

Other councillors, meanwhile, had concerns with the re-vamped development plan as proposed by Boyd and Homes North.

Coun. Wendy Bisaro said the new cul-de-sac route lies right on top of an established snowmobile and dog sledding route.

"I don't think people want dogs running through their streets," said Bisaro.

However, Rocher suggested some people might jump at the chance to reside next to a snowmobile and dog sledding route.

"I think it's a real added attraction," said Rocher.

Council will meet again next Monday to hear recommendations on whether or not to accept changes to the development scheme.