Quote:
Originally Posted by sdm
not sure its a simple as a view plane issue. There is a document if you search for it under the land titles system that requires basically a clear shot (cannon). Therefore its not a view plane restriction as much as a "we can shoot through a building" issue.
Funny as it sounds, do the search. Stupid, rule.
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This goes back to a wonderful response which the city wrote to the petition from STV that basically said - only the views that were made viewplanes were protected; not everything else.
As for this document on land titles; the city can be forced to follow a document placed on the titles of land around the fort by a different group. That's just like one of the major problems here for urban redevelopment, the wonderful caveat on title. Because Calgary didn't have any development rules until well into 1920; many of the early subdivisions were developed with caveats - which set out the rules to develop the property. Unfortunately, they still remain.
Despite the fact that planning law has evolved; those caveats still remain on title and many disputes over infill single family houses result because of these caveats and they've even gone to court over simple things such as one community (as far as a caveat is concerned) can only be bungalows - where the bylaw allows up to 10m in height. The case law on the whole thing is a mish mash of various decisions - it's crazy.
I'm a little surprised that this document may have come up because Paramount got built - so I wonder if it came up; there were legal threats and the matter was taken to court? The developer may have headed off the issue in the court on their own by petitioning the court to remove the caveat from title? If so - surely the YMCA would be able to do the same. Besides, when are they ever going to need to fire a cannon at the harbour!?