Yellowknife’s development appeal board has rejected a resident’s complaint over a proposed fourplex in the city’s Niven Lake neighbourhood.
In September, a city development officer allowed a developer to reduce some setbacks at 7 Findlay Point, increase the building’s maximum height and provide three parking spaces instead of the usually required four.
Resident Bryan Manson subsequently challenged the awarding of a permit for the development.
Manson argued the relevant zoning bylaw contained ambiguous definitions, the city was relying on an old variance that was no longer valid, and the reduction in parking on the lot would have a detrimental effect on street parking in the vicinity.
At a November hearing, the City of Yellowknife argued the appeal should be rejected because the legislation does not allow an appeal based on perceived errors in the zoning bylaw.
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Instead, appeals can only focus on the misapplication or contravention of that bylaw – not the wording of the bylaw itself.
In a written ruling published just before Christmas, the board ruled that Manson’s complaint did not include any “valid ground of appeal” as set out in the legislation and, accordingly, dismissed it.
The decision is final and allows the development to proceed.
