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Major developer taking Town of Canmore to court

CANMORE – The developer of Silvertip Resort is taking the Town of Canmore to court after its appeal to build more residential housing was denied. Stone Creek Properties Ltd.
Canmore-Council-702×478
RMO FILE PHOTO

CANMORE – The developer of Silvertip Resort is taking the Town of Canmore to court after its appeal to build more residential housing was denied.

Stone Creek Properties Ltd. is appealing a Subdivision and Development Appeal Board (SDAB) decision to Alberta’s Court of Appeal after the quasi-judicial board refused to allow the developer to build more residential housing because its application didn’t comply with the phasing of Silvertip’s area structure plan.

Under the statutory document, as of October 2007 further residential development is not allowed to proceed until commercial development within the resort village area has commenced.

According to the SDAB’s ruling in November, all commercial development started before October 2007 and no other commercial development has been built since.

As a result, the quasi-judicial board rejected Stone Creek’s appeal and with it the developer’s plan to build 24 duplex lots and 35 family homes on 5.7 hectares of land adjacent to the Lower Silvertip wildlife corridor.

“We can confirm that Silvertip is seeking leave to appeal the SDAB decision to the Court of Appeal and that the reason for the SDAB decision was the failure of the application to comply with the requirement in the area structure plan for commercial development to commence prior to any further residential development,” wrote Michael Fark, general manager of municipal infrastructure.

“The Town will defend the decision taken by the SDAB.”

Bonnie Anderson, a lawyer representing Stone Creek Properties, declined to comment; however in her written submission to the SDAB in November, she stated her client’s application complies with the intent and purpose of the Town’s relevant policies and statutory plans.

She described Stone Creek’s request to build 59 dwelling units before building commercial development as a “minor variance” that was based on economic forces.

“The one minor variance that is required is solely the result of the significant change in market conditions and, even with the change to phasing to allow 59 residential units prior to additional commercial development, the proposed subdivision meets the intent and purpose of the Silvertip ASP as ‘market forces’ were one of the items listed as an event that could change the timing and type of development as it has here,” stated the written submission from Anderson.

According to the submission, management of Stone Creek has been working diligently to bring large-scale commercial development to the Silvertip resort village and intends to use revenues from the proposed subdivision to expand commercial operations at Silvertip Resort Centre.

To date, 400 residential units have been built in the Silvertip area.

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