SOMBA K'E/YELLOWKNIFE - Nova Builders has found itself in hot water with the city again after erecting a two-metre-high fence on the old Bartam Trailer Court site.

The company was refused a development permit for the fence because it's 10 per cent higher than the permitted height.

Nova Builders' application to put up a fence on the Bartam Trailer Court site was turned down by the city Oct. 1. - Lauren McKeon/NNSL photo

A sign posted on the fence by the city also states the 2006 purchase agreement said something had to be constructed on the site before Dec. 15, 2008. Because of this, the sign said, "no development permit for construction of a multi-family dwelling is approved for this site."

The company's owner, Mike Mrdjenovich, said he was fed up with dealing with the city.

"Big deal. It's a temporary fence. It's not going to stay there," he said. "As soon as we start something, we have to jump through a million hoops ... I don't care if we don't have to build another building in town."

"I've been paying taxes there for two years," said Mrdjenovich. "It's malicious. I've never seen anything like it ... Any other city encourages you (to build)."

A development officer with the city posted a notice stating the company had until Oct. 15 to appeal the ruling.

"The appeal date had closed (Oct. 15). There was no appeal but Nova has talked to the city clerks and is making a request to make an appeal," said Jeff Humble, director of planning and lands.

Milan Mrdjenovich, Nova Builders' regional manager, said Oct. 16 that he intended to appeal.

"Of course we're going to appeal it. That fence is not coming down," Milan said.

He blames area residents for making the fence an issue. A feud erupted earlier this fall between some residents and the company over a demolished house Nova dumped at the site.

Milan also said his company had an extension on the development permit so plans to construct a 60-unit dwelling should still go ahead next spring.

Humble said the chair of appeal board will determine if the application to appeal would be approved. Humble said Nova Builders will have to go back to council if it wanted to adjust its development permit for the property.

"There has been talk about an extension," said Humble.

He said the original development permit needed to be amended anyway because of ground conditions and density requirements in the Old Town area.

"That being said, there has been no development permit brought forward for council to review and say 'yes, we approve the change in zoning,'" said Humble. "There hasn't been an amended terms of agreement."