A private developer wants to build 44 homes in a greenbelt behind Porter Creek Secondary School, city council heard Monday night.

The developer, Daryl Novakowski, came with a letter signed by Energy, Mines and Resources Minister Archie Lang, whose department is the land owner, authorizing him to act as the government's agent in the project.

Novakowski is now seeking, he said, an amendment to the city's Official Community Plan (OCP) to spark a rezoning from greenbelt to residential.

In Whitehorse, only a land owner, or person authorized to act on the land owner's behalf, can apply for an amendment to the OCP.

In Whitehorse, most public lands, Crown lands, are owned by the Yukon government (YTG).

Novakowski approached council earlier this year with a similar proposal for 28 residential lots. He was turned away as he did not have the authority to speak on behalf of the YTG.

'I'm Daryl Novakowski; I was here before,' he said Monday night.

'Realizing the city is in desperate need of lots, I've come forward again with a new proposal. I've come to an arrangement (with the YTG).'

Novakowski's new proposal, according to a map he brought with him to council chambers, is in a greenbelt bordered in Porter Creek between Holly Street and Porter Creek Secondary School.

Normal procedures for land development in Whitehorse are divided into stages including: the identification of a suitable development area by the city; the creation of a development plan by the YTG; zoning approvals from the city; and the construction phase undertaken by the YTG with lots sold on a cost recovery basis.

According to YTG officials, there is currently no private land development policy in the Yukon. All applications to develop public lands privately in the City of Whitehorse are done on a case-by-case basis.

According to a March 29 letter signed by Lang, his government has authorized Novakowski to act as the agent in the OCP amendment process in the hopes of initiating public debate on the issue.

'The Yukon government takes no position on the future uses of these lands, as that decision is in respect of your OCP and zoning bylaw (and) is clearly within the mandate of the City of Whitehorse,' Lang's letter states.

'However, having said that, our government is of the opinion that a debate about the future use of these lands would be in the public's best interest.

'I write to advise you that the Yukon government, as the land owner, has afforded its consent to Mr. Daryl Novakowski to bring forward such an application for the city's consideration ... (a)ll further inquiries in this regard should be directed to Mr. Novakowski.'

Lang told the Star this morning his letter should not be interpreted as an endorsement of Novakowski's proposal but rather an endorsement of Novakowski's right to have a debate over public land use.

'All we're saying is, Give this man his day in court ...' if the city doesn't want to allow this development, then they just have to stand up and say no.

'All we're saying is, Let's have the debate.' '

Coun. Doug Graham said this morning he was surprised by the YTG's endorsement of Novakowski's application.

'Talk about passing the buck.'

Graham said he didn't feel the private development process, where any individual can apply for public lands, is the right way to develop in Whitehorse.

He said any disposition of public lands should be done in a fair and open process.

Mayor Ernie Bourassa said this morning he and fellow council members were 'dumbfounded' by the YTG's 'endorsement' of Novakowski's development proposal.

The mayor said he would 'absolutely oppose' any plans to develop in the Holly Street greenbelt.

'The area is zoned green and has been for some time,' he said.

'What's astounding is that the area is in Mr. Lang's own riding. I would suggest that if he's looking to get re-elected, this is not the way to go about it.'

Asked Monday night whether he would approve Novakowski's proposal, Coun. Dave Austin had a brief but clear answer: 'When hell freezes over.'