Katie May
Northern News Services
Published Friday, July 25, 2008

SOMBA K'E/YELLOWKNIFE - A development appeal board has approved the city's permit to build Phase III of the Somba K'e Civic Plaza, turning down an appeal from Yellowknife Apartments after a July 7 hearing.

Mary Linn of Lymar Management Ltd., the company that owns the 53 Street apartment building, argued against the development because it would remove four tenant parking spaces at the side of the building. Linn's case relied on an unwritten 1981 agreement with the city that allowed apartment tenants to park in those spaces for free.

In its July 17 decision, the appeal board wrote that it did not have jurisdiction to decide whether the alleged agreement took place, as the board's mandate was simply to consider whether the city's development permit was in accordance with the zoning bylaw.

"The development appeal board does not, in light of the contractual nature of the dispute, consider it proper or desirable in the circumstances of this case to impose conditions or limitations on the development permit as has been requested by the appellant," the decision reads.

Neither Linn nor board chairperson Blair Barbour returned calls to Yellowknifer on Wednesday for comment.

The plaza's initial phases of construction are underway. Construction for the third and final phase of the recreational park project is expected to begin next year.