City of Penticton facing legal action over proposed lakefront apartment building – Okanagan

A legal problem has been released against the Town of Penticton with regards to a controversial and but-to-be-created condominium constructing that would neglect Okanagan Lake.

This week, a team termed the Penticton Society for Clear Governance and Dependable Improvement (PSTGRD) filed the challenge in B.C. Supreme Court docket, stating the city should not have allowed the four-storey developing on what it known as an undersized large amount.

In accordance to the city, the apartment building at 602 Lakeshore Dr. W. would function eight units. A a person-storey home at the moment occupies the house.

B.C. Assessment lists the house value at $1.66 million and involved a sale background that says it was bought for $2.1 million on March 10, 2021.

In mid-January, Penticton town council gave the green mild to re-produce the residence inspite of concerns from area inhabitants.

The movement was narrowly handed, 4-3. Mayor John Vassilaki, who voted in favour of it, identified as the Lakeshore place “a neighbourhood in changeover.”

In presenting the apartment setting up to city council, the applicant questioned the home to be rezoned from modest-ton residential (RM2) to medium density a number of housing (RM3).

Council accredited tips, alongside with granting two variances, providing the project the go-forward.

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PSTGRD says the house measurement is far too little for the proposed condominium developing in its court docket obstacle. It states RM3 involves a minimal great deal width of 25 metres, but the ton is only 19 metres — 27 per cent a lot less than the RM3 minimal.

It also claims the lot doesn’t satisfy the minimal sq. footage rule. The lot is sized at 11,975 sq. feet (1,112.5 sq. metres), however RM3 requires a minimal space of 15,069.5 square feet (1,400 sq. metres).

In its petition to the court docket, the culture states “the house unwell-suited for RM3 is even more reflected by the point that variances experienced to be granted in order to make the proposed condominium enhancement in good shape on this underneath-sized residence.”

Notably, the courtroom document states the society was integrated on March 30, a 7 days in advance of the court docket files have been submitted on April 5 in Kelowna.

The Town of Penticton had no remark on Friday, introducing that it hadn’t been served with the petition.