SOMBA K'E/YELLOWKNIFE - The owners of Yellowknife Apartments are against part of the city's plan to build a new recreational park beside city hall, arguing development near the apartments would violate their longstanding agreement with the city.

Mary Linn, an owner of an apartment building near the proposed Somba K'e Civic Plaza, says the city's project will interfere with the parking available for tenants of her building. - NNSL file photo

At an appeal board hearing Monday night, Lyle and Mary Linn, on behalf of Lymar Management Ltd., the company that owns the 53 Street apartment building, formally appealed Phase 3 of the proposed Somba K'e Civic Plaza because the development would remove four tenant parking spaces at the side of the apartment building.

The Linns also said they will not have access to their fuel tanks or a back storage shed if the permit is approved.

"This will create considerable hardship for us and our tenants and will decrease the value of our property, making it virtually unsellable," Mary told the appeal board.

The apartment building houses eight tenants and will have only four parking spaces at the front of the building if the city goes through with the plan.

The city owns the lot on which the four parking stalls are located, but the Linns told the board they've held an unwritten agreement with the city since 1981 that allows tenants to park in the spaces for free.

The Linns pointed to a 2001 letter from Dave Nicklen, then director of public safety and development, that states this agreement "will be dissolved if the city sells, leases or develops another use for this property."

City planning and lands director Jeff Humble questioned the jurisdiction of the board to decide whether a verbal agreement may or may not have taken place.

He emphasized that the city needs to base its decisions on written documents.

"Not even a note that these conversations took place - it's questionable," Humble said referring to the original agreement.

"I'm not saying that it didn't happen but it's questionable."

The city has offered to lease parking spaces to Yellowknife Apartments on the proposed plaza site, but the Linns have rejected that offer, saying the city should honour their 1981 agreement.

"This is not a fair and equitable offer," Mary said.

"The existing agreement has to be dealt with before this development permit can proceed."

The Linns said they're willing to work out another solution such as buying that portion of city property or negotiating an equal value land trade.

Tenant Emerald Murphy spoke in support of the Linn's appeal, saying informal agreements were common 20 years ago.

"Those of us who've been in Yellowknife for awhile know (former mayor) Mike Ballantyne cut all kinds of deals with all kinds of people on handshakes," she said.

"May he rest in peace."

Murphy said she was concerned that development near the side of the apartment building would cut off firefighter access and jeopardize tenants' safety.

Bruce Stebbing, senior plan review officer with the GNWT fire marshal's office, said he reviewed preliminary development plans for the area about a year ago and saw that fire trucks could still access the apartments from the street.

"It was pretty sketchy at that time," Stebbing said Tuesday, adding he expected to soon receive 40 pages of updated plans from the architect in order to give the city a more detailed fire prevention review.

Appeal board chair Blair Barbour and members Shelagh Montgomery and Ricki Hurst have 60 days to make their decision, but Barbour said it may only take a few days.