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Parent lobby derails school - School zoning can be changed
(7/11/02)
Tramès per Klaus Rudolph (Citizens'
Initiative Omega)
PARENT LOBBY
DERAILS SCHOOL
The Edmonton Journal
Board agrees site too close to power lines: DEVELOPMENT DEBATE
Bill Mah, Civic Affairs Writer The Edmonton Journal
Saturday, October 26, 2002
In a surprise decision critics say could trigger widespread challenges
to future construction projects, a group of city parents has halted construction
of a school after arguing its proximity to high-voltage wires poses a
health risk.
City politicians and school officials were assessing the implications
Friday, a day after Lisa Amyotte and her neighbours successfully quashed
a development permit for Archbishop Joseph MacNeil school, already under
construction in the city's southwest.
While the parents hailed the development appeal board ruling as a victory
for those seeking a safer school environment, Edmonton Catholic Schools
board chairman Charlie Koester said the decision sets a far-reaching precedent.
The ruling could affect the development of every school, every business
and the plans of every homeowner in Edmonton given a permit to build close
to power lines. "The ramifications to this city are huge," said
Koester. "If this decision came down and all of a sudden your house
is within that zone they're talking about, and they're telling you it's
unsafe, wouldn't you go after the developers and after the city?"
The appeal was a last-ditch manoeuver, after a 10-month fight thatincluded
unsuccessfully lobbying city council twice to move the schoolbeing built
108 metres from overhead power lines.
The mothers who oppose the school agreed their victory could signal the
start of more awareness about the issue of possible health effects of
electric and magnetic radiation. "The members of the appeal board
listened to the research and they made a judgment based on that,"
saidparent Lisa Gelasco.
The subdivision and appeal board is a quasi-judicial panel that rules
on disputes under zoning and subdivision bylaws. It won't release itslegally
binding written decision until Nov. 8, but board administrator Sheila
McDonald confirmed the board upheld the appeal. Gelasco, Amyotte, Nancy
Manning and Patricia Tamman based their appeal on letters written by experts
in electric and magnetic radiation. Edmonton Catholic Schoolsand its architect
brought in their own expert, B.C. Cancer Agency epidemiologist Mary McBride,
who told the panel she would send her ownchildren to the school.
"I think it's a step for regulations and guidelines," said Gelasco,
28, who says for her the fight was fuelled by a brush with melanoma cancer
last year. "I was really scared that this would be an increased risk
forher."
The school for 400 students from kindergarten to Grade 9 was to open in
September 2003. It was under construction at 23rd Avenue and Terwillegar
Drive.
Amyotte cited an eight-year California study that reviewed existing research
and was released Oct. 11. It concluded that electromagnetic fields produced
by overhead power lines and household appliances create risks of childhood
leukemia, adult brain cancer and more miscarriages. Amyotte said the California
study recommends electromagnetic field exposure at schools be similar
to home exposure, between 0.7 milligauss and 1 milligauss -- the measure
of the intensity of a magnetic field. Tests taken at the MacNeil school
site measured between two and 2.2 milliigauss, she said. To be safe, the
school should be built at least 400 metres from the power lines, the parents
say.
But Koester insisted the site is safe. The board argued the school site
is five times further away from power lines than many other schools, homes
and businesses built in the city for the last quarter-century. Citing
the same California study, Koester said the researchers merely recommend
constructing buildings a distance of 150 feet from power lines. "The
school site is over 350 feet from any power line," he added. Koester
said the board is looking at launching a court appeal or asking city council
to intervene. He noted the board was given the land by the city, which
approved the plan to build a school on it.
Coun. Bryan Anderson said he and Coun. Karen Leibovici are meeting with
city planning and development staff to see if they can compile enough
research to develop guidelines on development near power lines.
bmah@thejournal.southam.ca
School zoning can be
changed -- mayor Parents' victory at development board may be brief:
SCHOOL-POWER LINE CONTROVERSY
Bill Mah, Civic Affairs Writer
The Edmonton Journal
Tuesday, October 29, 2002
A controversial school whose development permit was revoked last week
by an appeal board could be put back on track by city council, Mayor
Bill Smith said Monday. "It's up to the developer to bring it back
before us," Smith said. "We'll have a hearing and change the
zoning."
The move could undo what was hailed as a victory last week when a group
of parents successfully revoked the development permit of a school they
argued was too close to high-voltage lines.
Edmonton Catholic Schools chairman Charlie Koester said the board has
to abide by the development appeal board's decision. The board's director
of facilities, Garnet McKee, said it has been told verbally the permit
to build the school was revoked by the development appeal board, but "we
are waiting until we get formal confirmation of the decision," he
said.
The school board held a closed-door meeting Monday night, but the district
will not comment on the issue until the board reviews the written decision,
which is to be released Nov. 8.
Should the parents lose their battle, one of the parents vowed to keep
fighting the development. "If council was to rezone it in their favour,
then our fight with the city is over," said Lisa Amyotte. "But
I'm definitely pushing for regulations at a provincial level. This is
an issue we can't afford to ignore."
Since January, the parents have fought Edmonton Catholic Schools' plan
to build a school about 108 metres from overhead power lines. It's under
construction at a field near 23rd Avenue and Terwillegar Drive. The parents
say the school should be at least 400 metres from the wires. Armed with
experts' letters, the parents argue the proximity poses a health risk,
but city council twice upheld the development.
The parents point to a California study that concludes electromagnetic
fields produced by overhead power lines and household appliances create
risks of childhood leukemia, adult brain cancer and more risk of miscarriages.
The school board insists the site is safe. It cites the same study, saying
the researchers merely recommend constructing schools a distance of 150
feet from power lines. The school site is more than 350 feet from power
lines, it adds.
As a last resort, the parents appealed to the subdivision and development
appeal board, a quasi-judicial panel appointed by council that rules on
disputes under zoning and subdivision bylaws. And in a decision that surprised
many, including Coun. Stephen Mandel, the board agreed with the parents
last Thursday and revoked the school's development permit.
It left Mandel wondering whether the board was stepping on council's toes.
"If council gives someone zoning, why would another agency in the
city usurp that authority? "If council makes a determination of zoning,
what does the subdivision and development appeal board see as their role?
Their role is to interpret what we're saying. It's pretty difficult
not to interpret that we've given them the zoning."
However, the mayor said the development appeal board was within its rights
to uphold the appeal.
Council rezoned the school site from agricultural zoning to urban reserve
zone, in which schools are a discretionary use. But under the Municipal
Government Act, the development appeal board has more discretion to consider
factors such as health and safety issues.
Smith said the school board can come back to council and apply for rezoning
under the designation of urban service zone. He believes the development
is safe. "This was three people that brought this forward with all
good intentions," Smith said. "Because it was discretionary,
the DAB decided to set it aside. I think we have thousands of people living
near these situations. I think to myself, 'it's ridiculous.' "
Koester said the district is reviewing its options. City and school board
officials, he said Monday, were conducting "intense" negotiations.
"We didn't choose this land," Koester said. The city provided
the land, and city council rezoned the land to allow the school. In another
development, the city began an investigation Monday on why construction
had begun on the site while the development was being appealed.
Mark Garrett, manager of the city's development compliance branch, said
the results of the investigation should be known within two days.
Coun. Bryan Anderson said city planning and development sent an inspector
to the site on Monday to confirm construction was taking place. They would
request that construction stop; however, if that did not happen they would
issue a stop work order.
About $200,000 worth of construction has gone into the site.
Concrete footings and foundation walls are already up.
bmah@thejournal.southam.ca
Informant for both messages: Don Maisch
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