Condo residents appeal to IRAC

Residents at Rochford Condominiums asking regulatory commission to overturn council decision

“We’re disappointed the city chose to support the development. That’s our viewpoint … I don’t think (the IRAC appeal) is a lastditch effort. It’s a process where we would like to make sure that our voice is heard.’’

Daniel Hurnik

Rejected by Charlottetown city council, residents of the Rochford Condominium have turned to the Island Regulatory and Appeals Commission (IRAC) to try and stop developer Tim Banks.

Banks wants to build a four-storey apartment building on Richmond Street, right next to the Rochford Condominiums at 55 and 59 Richmond St.

City council recently gave Banks the green light, but the condo owners aren’t giving up, filing an appeal with IRAC in which they’re identified as Queens County Condominium No. 40.

The condo residents are asking the regulatory commission to review the city’s decision to approve Banks’ 23-unit proposal.

Initially, there were concerns over the proximity of the two buildings. Banks’ proposal would have left only 12 inches between the balconies on the existing condominium building and the balconies on the proposed development. Although that would have been allowed in the existing bylaw, Banks took steps to address concerns, including removing the bottom floor decks next to the condos.

Banks was also approved for a sitespecific amendment to the bylaw, as the existing zone only permits three storeys.

In their appeal, the residents list a number of factors, noting that “the city failed to apply sound planning principles in approving the bylaw amendment.’’

“The city failed to properly exercise the authority conferred to it pursuant to the Planning Act,’’ writes Matthew Bradley, lawyer for the residents, in the appeal to IRAC. “The city failed to properly interpret the zoning and development bylaw.’’

The notice of appeal also draws attention to the fact that the city failed to consider the ramifications of the bylaw amendment on the neighboring properties and that the lack of on-site parking will be an issue.

Daniel Hurnik, condominium corporation president, said the group remains disappointed in council’s approval of Banks’ project.

“We’re disappointed the city chose to support the development,’’ Hurnik said Thursday. “That’s our viewpoint. We’re disappointed with the outcome, but as far as the appeal process, I can’t comment on that — that’s a legal process.’’

Despite council’s decision, Hurnik said the residents haven’t given up.

“No, I don’t think (the IRAC appeal) is a last-ditch effort. It’s a process where we would like to make sure that our voice is heard.’’

Banks declined to do an interview, but previously told CBC that he plans on proceeding with the building, hoping to break ground in April.