Yellowknife (Sep 03/04) - Fresh from his court victory over the Niven Lake development scheme, Adrian Boyd says plans are in the works to take on a controversial apartment project on Old Airport Road.

Boyd, who heads up a group called Yellowknife Citizens for Responsible Development, said they will likely appeal the development permit awarded to Nova Builders for the construction of an 89-unit apartment and commercial centre currently under construction next to Stanton Territorial Hospital.

He said the project violates the 1996 General Plan, which identifies the area for commercial or parks and recreation use only.

City council approved a site-specific re-zoning of the lot last July.

The deadline for appealing to the city's development appeal board is Sept. 7.

"The purpose of the general plan is to direct your decision-making in your zoning bylaw," said Boyd. "So if someone wants to re-zone an area in the zoning bylaw, you go to the general plan and you say, 'okay, it either allows for that type of use or it doesn't,' and in this case it doesn't."

The city originally approved a development permit for Nova Builders to build a hotel on the site, Jan. 26, but six weeks later requested they build an apartment complex with a commercial ground floor instead.

Nova Builders president Mike Mrdjenovich told city council he changed his mind after determining market conditions for another hotel in the city were not as favourable as once thought.

The development permit for the hotel was also appealed but was dropped before it could reach the appeal board. Some residents have complained the site is a poor choice for an apartment building, due to its close proximity to the hospital.

Boyd said the city is causing unnecessary grief for both residents and developers because they keep approving questionable deals that leave them vulnerable to appeals or court action from the public.

Mayor Gord Van Tighem said, however, that the general plan is not supposed to be specific.

"The general plan is supposed to be a general plan," said Van Tighem. "It doesn't specify what commercial is, what residential is or what industrial is. The fallout of the general plan is that the zoning bylaw gets revised and that provides the definition."

Van Tighem said he is still trying to figure out what is motivating the former city lands officer in his recent challenges to the city over development.

"I don't know why Adrian doesn't want anyone else to live here," he said. "His activities over at Phase VI have left 30 families without housing for the winter."

Mrdjenovich is also unhappy. He estimates holdups on this apartment project have cost him in excess of $1 million. He vowed to keep building whether another appeal comes or not.

"It makes no difference, we're going to go for it," said Mrdjenovich.