Mountain View County will argue this week that there are no grounds for the Municipal Government Board to hear the appeal for the defeated Elsner subdivision southeast of Sundre.In a brief to the MGB, county lawyer Sheila McNaughtan contends that the only reason the MGB could have jurisdiction to hear the appeal would be if the land in dispute contains or is located next to ìthe bed and shore of a river, stream, watercourse, lake or other body of water.îìHowever, the evidence before the MGB does not support such a finding,î McNaughtan writes. ìThere is no discernable bed and shore of any type of body of water on or adjacent to the subject lands.îListing several points to back up the assertion, McNaughtan describes the water that does lie on the Elsner property as ìsurface drainage without a discernable bed and shoreî and quotes Jack Elsner as stating ìthere is no flow at all on the proposed property.îIn her overview, McNaughtan also states that the county's case is being presented ìnotwithstanding the submission made by Diana Hawryluk to the MGB,î omitting the title of the former director of planning and development services.McNaughtan's complete brief was posted last Tuesday on the county website.The Elsners are appealing the Municipal Planning Commission decision from April 21, when Reeve Paddy Munro, not sitting as an MPC member, spoke as an affected resident in opposition to the Elsners' subdivision application for 12 one-acre condominium units on 22 acres.The previous council had approved the rezoning last September after a full day of public hearings in Sundre, but MPC refused the application ìdue to stormwater and drainage issuesî and other concern raised by Munro at the meeting.The jurisdictional hearing is set for this Friday in Calgary. If the MGB does hear the appeal, the tentative dates for the actual hearing are Aug. 23 and 24.
