After more than two years of battling and multiple court appearances, a Yukon Supreme Court Justice put an end to the fight between a condo board and a local developer.
On Friday afternoon Justice Ron Veale had the final word on what will happen to the shell of an apartment building that stands at Falcon Ridge.
The judge approved a plan, presented by developer Brian Little, with a series of four-plexes to be built on the spot the developer had hoped would hold an apartment building.
Instead of a three-storey apartment block, the development will now be only two stories high, with a total of 25 homes.
The land will hold three connected four-plexes, three standalone four-plexes and one single-family home.
The lower roofline will better blend in with the character of the neighbourhood, the developer argued.
That’s a significant change from what he had originally wanted.
In 2012 the condo board took the developer to court over the planned apartment building.
Veale granted an injunction halting that construction after ruling the developer did not get the appropriate consents.
At the time he called the case “a cautionary tale for condo developers, condo corporations and condo owners.”
Since then the half-built structure has sat empty.
The condo board argued against the proposed plan of attached four-plexes.
But on Friday Veale said the new proposal did meet all the requirements outlined in the 2005 site plan for the property.
In this case there is not a need for approval or consent from the condo board, he said.
On Friday Veale also gave the developer a deadline to finish work on other areas of the property.
The Falcon Ridge neighbourhood includes older homes on one half and newer homes on the other.
The judge ordered that work on parking spaces, landscaping and drainage for the newer homes begin by May 30 and be completed in four months.
It will now be up to the city of Whitehorse to approve all the required permits before construction on the new homes can begin.
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