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Options narrow in condo conflict

Unclear if fight will head back to court

Cheryl and Darrell Pakosh spent $50,000 fighting a condo project next to their home. City hall approved it a second time.

JOHN WOODS / WINNIPEG FREE PRESS FILES

Cheryl and Darrell Pakosh spent $50,000 fighting a condo project next to their home. City hall approved it a second time.

Hey there, time traveller!
This article was published 6/11/2015 (1319 days ago), so information in it may no longer be current.

A North Kildonan couple who incurred a $50,000 legal bill in a battle with city hall over a condominium project face another hurdle after the project received the go-ahead a second time.

Cheryl and Darrell Pakosh said they have few options after a civic committee Thursday approved the remaining property variances needed for the north Henderson Highway condo development next door to their home.

"We're not going to quit," Darrell Pakosh said moments before councillors on the appeal committee approved the project at 2090 Henderson Hwy. "We've been going back and forth with this for almost four years. It's been unbelievable."

The Pakoshes, supported at the committee hearing by several of their neighbours, said the condo project is too large for the narrow river lot, which is 66 feet wide and 482 feet deep.

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Hey there, time traveller!
This article was published 6/11/2015 (1319 days ago), so information in it may no longer be current.

A North Kildonan couple who incurred a $50,000 legal bill in a battle with city hall over a condominium project face another hurdle after the project received the go-ahead a second time.

Cheryl and Darrell Pakosh said they have few options after a civic committee Thursday approved the remaining property variances needed for the north Henderson Highway condo development next door to their home.

"We're not going to quit," Darrell Pakosh said moments before councillors on the appeal committee approved the project at 2090 Henderson Hwy. "We've been going back and forth with this for almost four years. It's been unbelievable."

The Pakoshes, supported at the committee hearing by several of their neighbours, said the condo project is too large for the narrow river lot, which is 66 feet wide and 482 feet deep.

"It's a 200 feet long wall, three storeys high, a few feet from our property line," Cheryl Pakosh said of the project. "It's an oversized box on a narrow strip of land."

City hall approved another condo development on the property in 2013, but that prompted the Pakoshes to go to court, arguing the developers — East St. Paul couple Werner and Betty Neufeld — should have been required to show plans and drawings before or at a community hearing where the project had been presented.

The court agreed with the Pakoshes and quashed the bylaws, rezoning and plan amendment but allowed the Neufelds to bring their project back to city hall, which they did. But they changed its design and site layout and increased the number of units to 14 from 10.

Cheryl Pakosh said she and her neighbours believe city council and its planners broke the rules again by allowing the Neufelds to develop more units on the site than their own rules allow.

But with Thursday's committee ruling, the only option the Pakoshes have is to go back to court.

"I don't know if we can do that again," Cheryl Pakosh said.

The Neufeld property lies on the west side of Henderson Highway, between Bunn's Creek Greenway and the Pakoshes' property.

By following the procedure mandated by the court, the Neufelds got city council to amend the zoning and secondary plan for a second time, upgrading the density and making their project compatible with the new regulations.

Civic planners again approved the project, saying it is consistent with permitted higher-density development in the area. Henderson Highway is a regional corridor, they argued, where greater residential density is allowed.

Area resident Carrie Erikson said according to the city's rules, residential development has to complement the existing neighbourhood and increasing residential density along Henderson can only be done at intersections.

"Our lawyer thinks we have a strong case that the rezoning and amendment to the secondary plan should not have been allowed to take place," Cheryl Pakosh said.

Couns. Ross Eadie (Mynarski) and Mike Pagtakhan (Point Douglas) said they agreed with the civic planners and allowed the project to proceed.

The Neufelds have two years to begin construction. Following the committee's decision, they declined to say when they would start construction and would not offer any further comment.

aldo.santin@freepress.mb.ca

Aldo Santin

Aldo Santin
Reporter

Aldo Santin is a veteran newspaper reporter who first carried a pen and notepad in 1978 and joined the Winnipeg Free Press in 1986, where he has covered a variety of beats and specialty areas including education, aboriginal issues, urban and downtown development. Santin has been covering city hall since 2013.

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History

Updated on Friday, November 6, 2015 at 8:31 AM CST: Formats sidebar, replaces photo

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