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Con Road development approved
Board decision on Northern Property's 58-unit multi-family project can be appealed to Supreme Court

Simon Whitehouse
Northern News Services
Published Wednesday, March 14, 2012

SOMBA K'E/YELLOWKNIFE
A proposal by NPR Limited Partnership to build a controversial multi-family dwelling at the intersection of Con Road and 54 Street has been approved by the development appeal board in a decision handed down March 1.

The development will include 58 units and consist of five six-plexes and one 28-suite apartment building next to its existing Shaganappy and Ptarmigan apartment complexes.

A hearing had been held at city hall Feb. 3 which brought a large number of neighbours who felt they would be negatively impacted by the proposal.

Board members who deliberated on the evidence provided by both sides include chair Blair Barbour, Margaret Kralt, Tricia McFaull, Kevin McCormick, and city councillor Shelagh Montgomery.

The board acknowledged in its decision many of the arguments made by the appellants, but noted that they were "issues largely outside its jurisdiction."

"Issues related to weighing the benefits of development versus the impact to the surrounding neighbourhood should be determined by city council with respect to amendment or replacement of the zoning bylaw," the decision read. It pointed out that the "proposed development met or exceeded the following zoning bylaw requirements."

One of the major concerns raised by appellant Rohan Brown and other neighbours was the issue of "procedural fairness" and whether public consultation was conducted appropriately.

Because the company held four open houses since applying for approval last March, despite there being "no specific requirements for consultation in the zoning bylaw," the board felt expectations were met by the developer.

The board also agreed that, after a sun/shadow neighbourhood impact study had been done by NPR, "the proposed development would not impose excessive shadowing on adjacent properties."

Neighbours were very critical that the study was done in late June, when residents will likely be more impacted from September to March.

Based on a traffic impact study paid for by NPR, and conducted by Jan Voss of and Creative Transportation Solutions, the board noted that "the proposed development will not cause traffic to increase significantly at the site."

Sue Windle, a neighbour who says she will be impacted by the development, said she had heard about the decision but had not had a chance to read the documentation thoroughly.

"I am extremely disappointed that no one on city council listened to a very vocal and active protest from the neighbourhood," she said. "The height and density of the proposed buildings will adversely affect the quality of living in the surrounding neighbourhood with respect to shadowing, traffic, noise and increased social issues."

Windle also said she was not satisfied with the lack of an environmental screening report under the Mackenzie Valley Resource Management Act, as had been indicated in a presentation last August by Bev Chamberlain from the Department of Municipal and Community Affairs.

Lee Selleck, who was one of the speakers at the board hearing, said he was not as directly impacted by the proposed development as others, but he was surprised by the outcome. He added that he is frustrated with the decision, particularly because the board did not seem to address public concerns.

"It is a very narrow interpretation of what the duties of the development appeal board hearing are, so much so that it has become a rubber stamp," he said.

When contacted this week, employees with NPR indicated that they were "very excited" with the news and that big improvements will result in the area with the development. NPR's case has been that it had put a lot of money into the development and gone above the requirements of consulting with the public. The company is now hoping to get to work on the project this spring.

Ramona Sladic, one of the two appellants, indicated she had received the decision but declined to comment yesterday. A message was left for co-appellant Rohan Brown, but he did not return calls by press time.

Bo Rasmussen, vice-president of property development for NPR, was not available by press time. However, he had indicated at the Feb. 3 hearing that the company was looking to improve the housing needs in Yellowknife.

The appellants have 30 days to appeal the decision to the Supreme Court of the Northwest Territories.

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