Quote:
Originally Posted by jonny golden
So what are the next steps for the developer in the process?
|
The developer is free to choose between a six or a ten storey building. He has been approved for either. There is nothing the petitioners can do to prevent this.
A six storey building would likely be uneconomic as site remediation costs remain the same, regardless of the size of the building. These would be considerable as there was formerly a garage located on a portion of this property.
If he is pressured by his belligerent neighbours into choosing a six storey building, he will likely seek some compensation from the city, since he bought the land from the city presuming he could build a taller building to cover the remediation costs.
The city will be disinclined to provide this compensation, unless they chicken out in the face of the tomato revolt (which is possible). I have concerns over the intestinal fortitude of the current city council. As far as I'm concerned, this is the weak link in this entire process.
If city council remains resolute, then the developer will have to go to 10 storeys to maintain economic viability, and the current plans will proceed as is. The only remaining recourse for the tomato rebellion would be to mount a legal challenge to the city, claiming that the immediate neighbours were not properly informed regarding the size of this proposed development, and thus were unable to mount a timely challenge before approval was given. This would be the expensive nuclear option.
If the tomato brigade chooses the courts, I could see a stop work order being issued and the project delayed (just like Promenade Neuf Phase Two in Dieppe), which might cause the developer to simply walk away. To be clear, the legal challenge by the tomato people would be against the city, not the developer. A challenge like this however could be extremely expensive for the tomato people, easily in the multiple tens of thousands of dollars. Do they have the financial resources to mount this challenge?
This is the scenario as I see it.