Developer unsure whether he'll continue with 48 St. project

Although the town’s Subdivision and Development Appeal Board (SDAB) has given him the green light, a developer who wants to expand a 48 Street building is unsure whether he’ll proceed because he feels the board imposed too many conditions on his proposal.

Art Baker submitted a development application to the town in March to build a three-apartment addition to the Cowboy Coffee Company building at 5111 48 St.

When the town did not issue a decision on his application within 40 days as required by the Municipal Government Act, Baker appealed to the SDAB.

The SDAB held a hearing on the matter on July 15 where board members heard from Baker and Werner Fischer, the town’s manager of planning, who argued his department did send a report back to Baker within the 40-day time limit outlining problems with the application.

On July 30, the board issued a decision stating Baker could proceed with his project if he meets nine conditions.

For one, the development must be completed in its entirety according to the approved plan and the board’s conditions.

Any revisions must be approved by the town’s development department, the parking lot behind the development must be paved and all water from behind the apartment complex must be directed toward an adjacent lane without impacting neighbouring properties.

Baker said because of the conditions he must meet, plus additional "responsibilities" he must comply with such as directing weeping tile, roof drainage and surface drainage away from sewage systems, he hasn’t yet made up his mind on whether to build the project.

"I haven’t really made a decision yet what we’re going to do. The very thing I talked about at the (hearing), that’s all (the town) does is make conditions upon conditions. When does it end, when does it stop?" Baker said. "If you look at the back of our café, the water doesn’t pool, it just drains away. There really isn’t (a problem)."

Baker said the original development plan for the apartment complex was submitted to the town in 2010 but continual revisions at the request of the development department mean the expansion hasn’t yet been constructed.

"It appears to me, without question, that (Fischer) is definitely picking on us, he’s bullying us and he’s trying to make an example of us," he said.

A request to Fischer for comment on the SDAB’s decision was deferred to Larry Wright, the town’s director of operations. Wright said the town has a neutral opinion on the SDAB’s decision and he hopes the decision means that the development will now proceed.

"(The board members) seemed to review all the pertinent facts and take that into account. It would be really nice to move forward and make some progress (on the application)," he said.

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