sidewalk
New Member
The Court of Queen’s Bench recently issued its decision respecting the restrictive covenants in Banff Trail.When I watched the council meeting about this (and the other developments on the south side of 24th) they actually approved the DP's so that they could be used in court to justify scrapping the covenant. It was a rather contentious council meeting to say the least.
link here.
If I understand this correctly; The City changed zoning on these lots - to a Direct Control District (DCD) specifically precluding single family dwellings, while the RC permits only single or two family dwellings.
The minimum density requirement put the RC into direct conflict with the DCD zoning, and created an opportunity for the developers to seek the discharge of the RC.
The Court's ordered the discharge of the RC against the lots which the City had rezoned to DCD, due to the minimum density requirements of the DCD conflicting with the RC.
Looks like the NIMBY's are stumped. You gotta do what you gotta do. Now, lets see some building happen!