City forges ahead with high-rise despite Granite club’s lawsuit threat

City council has cleared the way for a controversial affordable housing project to be built on the Granite Curling Club’s parking lot, amid concerns the decision could trigger a legal challenge.

On Thursday, city council cast a final 14-to-one vote in favour of applications and bylaws to support the project, while rejecting a directive from the Manitoba Municipal Board, which had instructed the city and club to develop an “adequate” parking plan “to the satisfaction of the Granite Curling Club” and city.

The project will create an 11-storey, 110-unit residential building on the city-owned land. Half of the suites will have affordable rent for 99 years.

However, the curling club remains opposed to the loss of parking it will experience from the project. Its executive says the building would eliminate 45 of its 80 parking stalls, rendering its operation no longer financially viable.

Mayor Scott Gillingham has consistently championed the project as a way to create much-needed affordable homes. On Thursday, he stressed a separate effort to work out a new lease with the curling club will ensure all parking issues are addressed.

“We want the Granite Curling Club to continue… leasing that space, running the Granite Curling Club, and we will address, and can address, the parking matter inside of that new lease… I said all along, I believe there’s a win-win scenario here,” said Gillingham.

The curling club is considering its options, which could include a legal challenge.

“We’re of the view that the city needs to abide by the city charter and the provincial legislation. We view this (vote) as them trying to move the goal posts and then try to show us their plan. Mayor Gillingham has said he’s got a win-win plan and we’d love to see it first and for them to follow the law,” said Christian Pierce, secretary of the club’s board.

Pierce deemed the city’s bylaw to impose the change “invalid.”

“The real solution here is the city just meets with us and we just come to an agreement. I think that’s possible but we need the city to come to the table,” he said.

Provincial legislation prohibits city council from passing a zoning bylaw that doesn’t conform to municipal board recommendations, so the directive was widely considered binding.

However, a city staff report concludes the parking plan condition is “not in respect of the proposed bylaw,” so city council is not legally bound to follow it.

During Thursday’s city council meeting, Coun. Russ Wyatt (Transcona) opposed the motion, while Coun. Brian Mayes (St. Vital) left the room to deliberately avoid voting.

“I don’t feel comfortable ignoring municipal board recommendations based on the legal advice of our own staff … I think we should have gotten outside legal advice on this,” said Mayes, in an interview.

The councillor said he didn’t want to vote against the housing project and respects the expertise of city staff. However, he still worries the way the project was approved could have legal implications for the city.

“I am worried about getting dragged into court,” he said.

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Gillingham, and others at city hall, have argued following the board’s direction would have given the curling club, a tenant at the site, veto power over its development.

When asked if he is concerned about potential legal repercussions from the latest decision, Gillingham said he’s comfortable with the city’s chosen path forward.

“I made my decision based on the confidence I have and the recommendations of our public service, which include consultation with legal services,” he said.

joyanne.pursaga@freepress.mb.ca

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Joyanne Pursaga
Reporter

Joyanne is city hall reporter for the Winnipeg Free Press. A reporter since 2004, she began covering politics exclusively in 2012, writing on city hall and the Manitoba Legislature for the Winnipeg Sun before joining the Free Press in early 2020. Read more about Joyanne.

Every piece of reporting Joyanne produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.