1 00:01:57,520 --> 00:02:05,280 Good morning. Everyone's here ready to proceed. Morning. At this time, I'll 2 00:02:02,240 --> 00:02:09,360 call to order the September 10th, 2026 subdivision and development appeal board 3 00:02:06,880 --> 00:02:16,840 hearing to hear an appeal against a refusal by the Canmore Development 4 00:02:11,440 --> 00:02:16,840 Authority for PL 20250268 5 00:02:17,599 --> 00:02:24,560 retail sales, personal service, business, and visitor accommodation of 6 00:02:21,520 --> 00:02:29,120 10 units. I'm Andre Gian Andrea. I'll be the hair sorry chair for the hearing 7 00:02:27,120 --> 00:02:32,239 other way around. All questions and comments should be directed through the 8 00:02:30,560 --> 00:02:38,160 chair to the board and administration. Any 9 00:02:34,080 --> 00:02:42,160 additions, deletions, or changes? >> No, there's not. 10 00:02:40,319 --> 00:02:46,720 » I move that the board approve the agenda as presented. All those in favor? 11 00:02:44,959 --> 00:02:49,760 Carried. This time, I will ask my fellow board 12 00:02:48,480 --> 00:02:56,400 members to introduce themselves. Starting to my right. 13 00:02:52,640 --> 00:03:01,239 » Councelor Tanya Fuber. >> Good morning. Larry Bone, public member. 14 00:03:10,720 --> 00:03:15,080 » Ben Styiver, SDAB clerk. 15 00:03:15,920 --> 00:03:24,599 Brier Jones, SDAB clerk, and Clint, manager of legislative 16 00:03:21,599 --> 00:03:24,599 services. 17 00:03:27,680 --> 00:03:32,280 Harry Schneider, manager, planning and development. 18 00:03:40,799 --> 00:03:47,360 » Oh, sorry. I had my mic off. If the appellent could please approach the 19 00:03:43,680 --> 00:03:48,799 podium and introduce themselves. >> Is it on? 20 00:03:48,000 --> 00:03:53,440 » It is. Yes. >> I'm Josh Keeler, um, president of SPL 21 00:03:51,519 --> 00:03:57,439 Contractors. You want me to introduce the rest of the 22 00:03:54,720 --> 00:04:03,599 table? >> Okay. We've got Matt Ellerman. He's a 23 00:04:00,959 --> 00:04:09,599 designer at SPL. Philip Lens, owner of the subject 24 00:04:05,680 --> 00:04:15,799 property. And Charlie Lens, owner of the subject property. 25 00:04:12,560 --> 00:04:15,799 Thank you. 26 00:04:17,040 --> 00:04:23,919 To the appellent. Do you have any objection to any of the board members 27 00:04:20,160 --> 00:04:27,199 present hearing this appeal? Thank you. 28 00:04:25,600 --> 00:04:30,560 » And to the clerk, do we have any procedural jurisdictional matters before 29 00:04:28,960 --> 00:04:35,280 we proceed? >> Uh, no we do not. 30 00:04:32,320 --> 00:04:39,520 » Thank you. >> And for the appellent, are there any 31 00:04:37,120 --> 00:04:43,840 procedural judicial matters from your end that you'd like the board to 32 00:04:40,720 --> 00:04:48,160 consider before beginning? Great. 33 00:04:46,000 --> 00:04:52,160 I'll outline the hearing process and then we'll get started. The process is 34 00:04:50,639 --> 00:04:55,840 as follows. First, the development officer will make a presentation 35 00:04:54,160 --> 00:04:59,680 followed by an opportunity for the questions of clarification. 36 00:04:57,919 --> 00:05:02,800 The appellant will then speak for their appeal, followed by an opportunity for 37 00:05:01,440 --> 00:05:06,720 the board to ask questions of clarification. 38 00:05:04,800 --> 00:05:09,919 At that time, the members of the audience would be invited speaking in 39 00:05:08,320 --> 00:05:13,199 favor of the appeal to approach the podium, 40 00:05:12,000 --> 00:05:17,759 followed by those speaking in opposition, and finally those speaking 41 00:05:14,960 --> 00:05:21,360 neither in favor nor opposition. After all verbal submissions have been 42 00:05:19,600 --> 00:05:25,840 received, I will ask the clerk to read the names of those who provided written 43 00:05:23,199 --> 00:05:30,160 submissions, identifying those in favor, those opposed, and neither those in 44 00:05:27,840 --> 00:05:34,639 favor nor opposition. After all presentations have been heard, 45 00:05:31,919 --> 00:05:38,000 we may call a short recess. After reconvening, there will be an 46 00:05:36,320 --> 00:05:42,320 opportunity for the board members to ask questions for clarification. 47 00:05:40,400 --> 00:05:46,720 Any person who has presented will be given the opportunity to ask questions 48 00:05:44,160 --> 00:05:51,120 for clarification through the chair of all other persons who have presented. An 49 00:05:49,440 --> 00:05:56,080 opportunity for closing comments will follow first from the development 50 00:05:53,360 --> 00:06:00,639 authority. Finally, from the appellants, I will then ask all those who presented 51 00:05:58,240 --> 00:06:04,479 if they feel they had a fair hearing. And lastly, I will conclude the hearing. 52 00:06:02,880 --> 00:06:08,560 The board will meet in a close session to review the evidence presented and 53 00:06:06,400 --> 00:06:12,080 provide a re written decision within 15 days of the hearing. 54 00:06:10,479 --> 00:06:16,080 Does the appellant have any concerns with the process? 55 00:06:14,639 --> 00:06:23,319 Does anyone in the audience have any concerns with the process? 56 00:06:19,039 --> 00:06:23,319 Would anyone like me to read that again? 57 00:06:23,680 --> 00:06:29,800 At this time, I'll ask the development officer to please proceed with their 58 00:06:26,800 --> 00:06:29,800 presentation. 59 00:06:47,280 --> 00:06:53,120 Great. Good morning, Mr. Chair, members of the board. My name is Nathan Revel, 60 00:06:51,039 --> 00:06:58,280 and I'm presenting administration's position regarding the appeal for appeal 61 00:06:55,280 --> 00:06:58,280 2025268. 62 00:06:59,840 --> 00:07:04,800 This is for a proposed development consisting of a mixeduse building with a 63 00:07:03,199 --> 00:07:08,720 parade. There are two ground floor commercial units, one of which is to be 64 00:07:06,479 --> 00:07:15,160 retail sales. The other is for personal service business with 10 above grade 65 00:07:11,199 --> 00:07:15,160 visitor accommodation units. 66 00:07:16,479 --> 00:07:22,160 The site is currently being used for residential purposes. It is adjacent to 67 00:07:20,400 --> 00:07:26,080 a small commercial development to the east, a mixed commercial and residential 68 00:07:24,080 --> 00:07:30,000 building across 10th Street, a commercial and visitor accommodation 69 00:07:27,759 --> 00:07:35,599 building under construction to the west, and a culde-sac of lowdensity 70 00:07:32,560 --> 00:07:39,680 residential housing across the alley. With regards to land use, the site is 71 00:07:37,599 --> 00:07:44,080 located within the town center land use district. It is governed by the town 72 00:07:41,759 --> 00:07:48,080 center area redevelopment plan. Personal service, business, and retail sales are 73 00:07:46,240 --> 00:07:54,759 both permitted uses within the town center district, while visitor 74 00:07:49,759 --> 00:07:54,759 accommodation is a discretionary use. 75 00:07:58,240 --> 00:08:02,400 Looking at the application, the application was refused by 76 00:08:00,720 --> 00:08:06,960 administration due to several areas of non-compliance with the town center area 77 00:08:04,560 --> 00:08:10,319 redevelopment plan. These areas include the appearance of the building, the 78 00:08:08,400 --> 00:08:13,840 scale of the building, the interface and character of the building. I'll go 79 00:08:12,000 --> 00:08:20,080 through these in more detail in a moment, but 80 00:08:17,440 --> 00:08:24,160 do want to uh also note the application requires six variances to the land use 81 00:08:22,000 --> 00:08:28,080 bylaw. Uh all of which generally fall into the same non-conformance that's 82 00:08:25,840 --> 00:08:30,960 identified with the ARP that being the appearance of the building, the scale of 83 00:08:29,440 --> 00:08:35,440 the building, and the interface and character of the building. Uh my 84 00:08:32,880 --> 00:08:40,240 presentation therefore focuses on the um ARP non-compliance given the overlap and 85 00:08:38,000 --> 00:08:45,440 obviously the ARP takes precedence over the regulations and the land use bylaw. 86 00:08:43,279 --> 00:08:50,760 Uh the specific LUB variances are of course outlined in the schedule A that 87 00:08:46,959 --> 00:08:50,760 was attached to the report. 88 00:08:52,480 --> 00:08:58,240 The first and most significant area of non-conformance with the ARP relates to 89 00:08:55,920 --> 00:09:03,760 the scale of the building specifically building height, massing and development 90 00:09:00,720 --> 00:09:07,920 intensity. The ARP establishes clear parameters for the appropriate scale of 91 00:09:05,839 --> 00:09:12,320 development in the downtown. It restricts buildings to no more than 92 00:09:09,600 --> 00:09:18,560 three stories, 11 m in roof height, and a floor area ratio of no more than two. 93 00:09:16,160 --> 00:09:24,880 This application proposes four stories, 13.2 m in roof height, and a floor area 94 00:09:21,519 --> 00:09:29,519 ratio of 2.4. Furthermore, the ARP states that the massing of the third 95 00:09:26,800 --> 00:09:34,399 story should be reduced. The specifics of this reduction are outlined through a 96 00:09:32,000 --> 00:09:39,200 step back plane in the town center district in the town's land use bylaw. 97 00:09:37,600 --> 00:09:43,839 These are from administration's perspective meaningful deviations from 98 00:09:41,440 --> 00:09:49,120 the ARP. Combined, they exceed the overall scale of development envisioned 99 00:09:46,320 --> 00:09:53,800 by the ARP for the downtown which is why administration refused the application. 100 00:09:53,839 --> 00:10:00,320 Here we see a couple of visuals of the 101 00:09:58,480 --> 00:10:06,000 non-conformance. Working left to right on the screen, we see the ARP's maximum 102 00:10:03,279 --> 00:10:10,000 height with the red line, the actual roof height in the front, the 103 00:10:08,240 --> 00:10:14,560 fourth story in the back, which is also over height, and the massing of the 104 00:10:12,800 --> 00:10:18,519 third story not having been appropriately reduced. 105 00:10:23,040 --> 00:10:28,160 On this slide, we can see the rear portion of the building. We see the 106 00:10:26,160 --> 00:10:33,760 fourth story more clearly. We also see there's no eve line on the rear facade 107 00:10:31,200 --> 00:10:40,320 or related to that, a reduction to the massing of the third story. So to put 108 00:10:36,560 --> 00:10:46,839 this simply, administration views u the shoe as being too big to fit for what 109 00:10:42,399 --> 00:10:46,839 the ARP envisioned for the downtown. 110 00:10:52,160 --> 00:10:58,320 Moving on, the ARP intentionally includes new oversight for visitor 111 00:10:55,760 --> 00:11:02,160 accommodation development in this area, switching it from a permitted use to 112 00:11:00,079 --> 00:11:06,720 making it discretionary and providing some criteria for when it may be 113 00:11:04,000 --> 00:11:10,959 considered. The key requirement here is the higher threshold for design and in 114 00:11:09,279 --> 00:11:16,240 alignment with the vision and policies of the plan. So also meeting all the 115 00:11:13,200 --> 00:11:19,760 other requirements in the ARP as well. When we look further into the design 116 00:11:18,000 --> 00:11:24,880 piece, it's important to understand that the ARP specifically identifies 117 00:11:22,320 --> 00:11:28,399 contemporary alpine architecture as the architectural expression for the 118 00:11:26,320 --> 00:11:31,360 downtown. It describes it as incorporating elements of traditional 119 00:11:29,920 --> 00:11:35,519 mountain architecture with modern aesthetics, clean lines, reduced 120 00:11:33,440 --> 00:11:40,560 ornamentation, and a focus on quality materials and natural elements. 121 00:11:38,640 --> 00:11:44,640 We'll have a little bit uh of a look in terms of examples of what this style 122 00:11:41,920 --> 00:11:49,240 entails. Uh but just for context here is the development uh again. 123 00:11:57,040 --> 00:12:03,600 And here's a look at what the ARP's vision for architecture in the downtown 124 00:12:00,560 --> 00:12:07,200 is. The two below images are from some real examples. 125 00:12:05,519 --> 00:12:12,399 Uh technically the top one is a real example as well, but the two bottom ones 126 00:12:08,880 --> 00:12:16,320 are um very recent. Again, you can see modern aesthetics, clean lines, reduced 127 00:12:14,480 --> 00:12:20,519 ornamentation, and a focus on quality materials and natural elements. 128 00:12:23,839 --> 00:12:30,240 Here's a comparison uh between the two. I will note that the um the image 129 00:12:28,240 --> 00:12:36,240 compared it is a bigger site. So, just keep that in mind. But uh you get the 130 00:12:33,200 --> 00:12:39,839 the idea of the architecture here, the difference. uh an administration's 131 00:12:38,320 --> 00:12:44,560 assessment, the design doesn't demonstrate an exceptional standard of 132 00:12:41,680 --> 00:12:49,680 design. Uh and it's not really a matter of adjusting this or that on the 133 00:12:46,880 --> 00:12:54,800 building. We feel it lacks complimentary massing and articulation 134 00:12:52,480 --> 00:12:59,839 at great activation that contributes to the street, the full use of contemporary 135 00:12:57,360 --> 00:13:03,279 architectural uh alpine architecture instead of just trying to incorporate 136 00:13:01,200 --> 00:13:08,320 elements and the integration of complimentary detailing. it finishes. Uh 137 00:13:06,480 --> 00:13:13,079 to put it simply, the shoe is the wrong style in administration's opinion. 138 00:13:15,360 --> 00:13:20,639 Moving on to building interfacing character, the ARP establishes a 139 00:13:19,120 --> 00:13:25,920 character for 10th Street to help differentiate it from Main Street, give 140 00:13:22,399 --> 00:13:29,760 it its own look. The LUB and ARP provide for reduced rear yard setback in 141 00:13:28,079 --> 00:13:34,720 exchange for pushing a portion of the front facade 3 to four meters further 142 00:13:32,240 --> 00:13:38,959 back to help establish this character. Uh you can see on the slide a couple of 143 00:13:36,880 --> 00:13:42,720 uh renderings from the massing exercise that was completed for the ARP on this 144 00:13:40,880 --> 00:13:48,399 block. The proposal takes advantage of the 145 00:13:44,639 --> 00:13:53,120 reduced rear setback with roughly 50% of the rear facade if you include the deck 146 00:13:50,800 --> 00:13:58,000 pushed back. But it doesn't provide the equal benefit of articulating the same 147 00:13:55,200 --> 00:14:04,519 amount of facade in the front. Only the ground floor facade and not the second 148 00:13:59,839 --> 00:14:04,519 and third floors are pushed back. 149 00:14:07,519 --> 00:14:12,399 Looking at the interface of the building, an active and pedestrian 150 00:14:10,480 --> 00:14:16,720 oriented interface between the commercial uses and the sidewalk is 151 00:14:14,079 --> 00:14:20,399 required. However, from the plans or the example images, uh we can see the 152 00:14:19,040 --> 00:14:23,920 commercial units and visitor accommodation units share one common 153 00:14:22,480 --> 00:14:31,440 entrance which really isn't great activation. The park parade stairs uh 154 00:14:28,079 --> 00:14:36,480 stair access occupate uh occupies a portion of the frontage while albeit 155 00:14:33,440 --> 00:14:41,040 small again it takes away from activation of the space. The canopy does 156 00:14:39,199 --> 00:14:47,519 not extend all the way to the property line and the ARP really highlights um 157 00:14:44,320 --> 00:14:50,399 continuous pedestrian protection and the space doesn't really offer anything in 158 00:14:48,959 --> 00:14:55,120 the way of treatments such as a pedestrian bench, downtown style surface 159 00:14:52,639 --> 00:15:00,199 treatments and so forth. Simply said, the developer shoe doesn't complement 160 00:14:56,639 --> 00:15:00,199 the town's outfit. 161 00:15:00,880 --> 00:15:07,920 So in conclusion, administration recommends that the SDAB refuse 162 00:15:04,240 --> 00:15:11,680 development permit PL20250268 due to the cumulative effects of the 163 00:15:09,600 --> 00:15:14,959 proposal's excessive scale, not satisfying the requirements for 164 00:15:13,120 --> 00:15:18,639 exceptional design requirements for visitor accommodation, not meeting the 165 00:15:17,040 --> 00:15:22,959 character requirements for 10th Street, and not providing a quality street 166 00:15:20,480 --> 00:15:27,279 interface. Administration's position is that the proposed development does not 167 00:15:24,560 --> 00:15:32,959 adequately satisfy the ARP and therefore should be refused. Simply put, the shoe 168 00:15:30,720 --> 00:15:36,959 doesn't fit the ARP. It's too big. It's the wrong style, and it doesn't go with 169 00:15:34,560 --> 00:15:42,760 the town's outfit. This concludes my presentation. I'm available to answer 170 00:15:38,720 --> 00:15:42,760 any questions the board has. 171 00:15:43,279 --> 00:15:52,360 » Thank you. Any questions from the board? >> Thank you. 172 00:15:48,639 --> 00:15:52,360 » Okay, great. Thank you. 173 00:15:55,600 --> 00:16:01,160 The appellant may make their presentation this time. 174 00:16:44,079 --> 00:16:47,079 Um 175 00:16:47,440 --> 00:16:54,399 so yeah, we're going to um I'd like to take you guys through 176 00:16:51,680 --> 00:16:59,920 uh just a real quick rundown of uh our journey going through this development 177 00:16:56,480 --> 00:17:06,640 plan um or the development application. 178 00:17:01,759 --> 00:17:12,640 So, the subject site we're looking at um is I guess the first parcel that's going 179 00:17:09,919 --> 00:17:19,240 to go through the new ARP that was implemented by the town. Um the 180 00:17:15,360 --> 00:17:19,240 properties to the 181 00:17:19,360 --> 00:17:28,000 east of us um are currently developed and built out based on um I guess the 182 00:17:24,720 --> 00:17:32,160 previous ARP and land use by law. And uh so we're 183 00:17:30,000 --> 00:17:37,360 now trying to um essentially figure out how to how to fit a project into 184 00:17:35,679 --> 00:17:42,480 uh a different style of ARP and a different style of um land use bylaw. So 185 00:17:41,280 --> 00:17:47,760 I'm just going to walk you guys through a bit of the journey that um we've gone 186 00:17:44,960 --> 00:17:53,120 through. Um the goal of this project when we started 187 00:17:49,360 --> 00:18:00,000 it was to redevelop um the property that Philip and Charlie own. Um, 188 00:17:57,440 --> 00:18:04,880 I got involved, um, as someone who's done some development in town 189 00:18:02,400 --> 00:18:09,600 and their goal with redeveloping their single family home was to replace it 190 00:18:06,880 --> 00:18:13,600 with, uh, sort of a legacy project, a project that for them would be owned by 191 00:18:12,000 --> 00:18:18,559 them, um, owned by their family, something 192 00:18:15,360 --> 00:18:22,400 they could pass to their kids, and, uh, essentially taking their single family 193 00:18:20,000 --> 00:18:28,960 homeing and turning it into a property that would fit the downtown 194 00:18:25,600 --> 00:18:32,960 Um, currently living in a house um surrounded by 195 00:18:31,520 --> 00:18:38,320 uh projects that have already been developed out does make kind of an 196 00:18:34,960 --> 00:18:43,440 awkward lot for them. Um, they're obviously looking at some giant blank 197 00:18:39,840 --> 00:18:49,360 walls on either side of them now and uh, you know, it doesn't feel like a family 198 00:18:45,760 --> 00:18:52,640 home anymore. So with the town changing the ARP and allowing the development 199 00:18:51,039 --> 00:18:58,240 around them, they obviously feel that they have to participate in a similar 200 00:18:56,320 --> 00:19:04,880 uh make it match the aesthetics of the surroundings, so to speak. 201 00:19:01,200 --> 00:19:08,559 So we started this journey almost two years ago. 202 00:19:06,559 --> 00:19:13,679 Um, uh, Philip was having conversations with 203 00:19:10,880 --> 00:19:18,720 me about what his property could be, what the vision would be, what they 204 00:19:15,760 --> 00:19:25,200 would like to see, and, uh, we talked about, you know, trying to fit what was 205 00:19:22,000 --> 00:19:30,240 being built in the neighborhood. So after a lot of conversation and a lot 206 00:19:27,360 --> 00:19:33,520 of preliminary design development um we booked a pre-application town or 207 00:19:31,919 --> 00:19:39,840 pre-application uh meeting with the town and uh we had 208 00:19:36,480 --> 00:19:44,960 that meeting on March 31st of uh 2025. At that point, we had sort of developed 209 00:19:42,240 --> 00:19:48,320 a concept of what we wanted to build. And uh one of the important things we 210 00:19:46,400 --> 00:19:52,799 wanted to ask at that meeting was, you know, um there was a lot of discussions 211 00:19:51,360 --> 00:19:56,799 and rumors at that time about the changing ARP downtown. Uh there was a 212 00:19:55,520 --> 00:20:01,280 discussion about possibly going to fourtory. There was a discussion about 213 00:19:59,039 --> 00:20:06,160 reducing the stories. Um there was new design considerations 214 00:20:04,320 --> 00:20:11,679 being discussed. So our question to the town at that time 215 00:20:08,480 --> 00:20:15,840 was, you know, if we submit an application, what are we going to be 216 00:20:13,679 --> 00:20:21,039 evaluated on? And uh the town of Canmore gave us a 217 00:20:18,000 --> 00:20:24,080 written response that said, um, whatever your submission is at the time of 218 00:20:22,720 --> 00:20:27,919 submission, whatever the rules are at the time of submission is what you'll be 219 00:20:25,520 --> 00:20:32,799 subject to. And that would have been the ARP 220 00:20:29,760 --> 00:20:38,240 at the time. Um so under that guidance we we quickly rushed through getting a 221 00:20:35,760 --> 00:20:42,960 bunch of design done and we submitted an application. 222 00:20:39,760 --> 00:20:49,600 Uh that application went in on June 20th. So from March to June obviously we 223 00:20:46,000 --> 00:20:54,880 had some engineering to do. Um had to get everything organized onto paper so 224 00:20:51,360 --> 00:20:59,520 it would be a suitable submission and we did get that in on June 20th. Um during 225 00:20:57,919 --> 00:21:03,760 that period, granted, there was discussions happening at the town about 226 00:21:01,200 --> 00:21:09,919 changing the ARP and uh and we were aware of that. So, we 227 00:21:06,960 --> 00:21:15,760 got our application in on June 20th. Uh I believe from this timeline you can see 228 00:21:12,159 --> 00:21:20,559 on the screen. Um the town was holding some readings of a new ARP. They had 229 00:21:18,000 --> 00:21:26,080 postponed that a couple times. Um and when we submitted the ARP was 230 00:21:23,760 --> 00:21:34,720 still in a postponement. Um July 8th is when the ARP went through 231 00:21:31,760 --> 00:21:41,799 um and I guess with its amendments had had passed. So um a couple weeks after 232 00:21:38,159 --> 00:21:41,799 we had made our submission 233 00:21:41,840 --> 00:21:51,440 then there was uh obviously our applications in with the town on July 234 00:21:47,200 --> 00:21:57,120 15th. they gave us a time extension or sent us a time extension requesting more 235 00:21:53,600 --> 00:22:04,080 time for the town to evaluate. Um and then on August 27th 236 00:22:01,919 --> 00:22:07,200 um we requested a meeting with the town to figure out you know okay what's 237 00:22:05,760 --> 00:22:11,840 ultimately happening with our submission and it's been in now for far past 45 238 00:22:10,240 --> 00:22:16,880 days and it was revealed to us at that time 239 00:22:14,320 --> 00:22:23,200 that you know because there's a new ARP being implemented and and and being 240 00:22:19,280 --> 00:22:28,000 worked on our submission was going to be sitting on the back burner and waiting. 241 00:22:26,400 --> 00:22:31,360 So, um, obviously there's not much for us to 242 00:22:29,760 --> 00:22:35,280 do at that point. We have to wait for a response. 243 00:22:32,960 --> 00:22:38,159 November 7th, um, 244 00:22:36,880 --> 00:22:42,240 you know, we're trying to work through what the ARP looks like. It's still 245 00:22:40,640 --> 00:22:47,600 under implementation. and it isn't actually implemented yet, but uh we went 246 00:22:45,520 --> 00:22:52,240 through the process of trying to look at our project and how it would be 247 00:22:50,720 --> 00:22:56,000 changed to try to match this new ARP that had 248 00:22:54,400 --> 00:23:01,520 come out without losing the essence of what the project was meant to be. 249 00:22:59,360 --> 00:23:06,559 Um a long time has passed, so we go all the 250 00:23:03,360 --> 00:23:10,159 way into 2026 now. Um the town of Canmore is still giving us time 251 00:23:08,480 --> 00:23:13,280 extensions and each time the time extension runs out they send us another 252 00:23:11,679 --> 00:23:18,240 one and um the town of Canmore holds its 253 00:23:15,520 --> 00:23:25,520 first reading of the proposed ARP implementation in January of 2026. 254 00:23:22,159 --> 00:23:30,320 Um obviously we we've submitted way back in June. 255 00:23:27,280 --> 00:23:36,640 Um and we still don't have a decision on our application. 256 00:23:32,480 --> 00:23:41,679 So after January 6, on January 30th, we get another time extension. 257 00:23:39,520 --> 00:23:48,400 Um we get into February, there's some more public hearings on this ARP. 258 00:23:44,640 --> 00:23:52,320 And uh February 10th, we got a review of our project that said, "Hey, according 259 00:23:50,720 --> 00:23:55,440 to what we've implemented now with our ARP, 260 00:23:53,840 --> 00:23:59,520 uh we have concerns about what you guys have put forward." 261 00:23:57,440 --> 00:24:03,360 And this isn't our original submission. Obviously, this is an amended submission 262 00:24:01,039 --> 00:24:08,159 at this point. And 263 00:24:05,039 --> 00:24:12,880 then I believe on in March there is more amendments that are made 264 00:24:09,679 --> 00:24:17,919 to the ARP. And after that we submit our third 265 00:24:15,520 --> 00:24:21,200 submission. Um you know based on the review from February, hey we've made 266 00:24:19,440 --> 00:24:25,360 some changes. We've tried to match what's happening with this ARP. We're 267 00:24:23,600 --> 00:24:29,279 trying to work with the town trying to be flexible without losing the essence 268 00:24:27,039 --> 00:24:33,919 of the project. And um 269 00:24:31,600 --> 00:24:39,440 anyway, the due date for them to respond again, 45 days. Um we didn't get a 270 00:24:37,120 --> 00:24:42,720 response. What we did get was an email saying we'll probably going to we're 271 00:24:41,360 --> 00:24:47,919 going to refuse this because it doesn't match the new ARP. 272 00:24:44,799 --> 00:24:53,600 Uh but we didn't have any reasons why yet. 273 00:24:50,080 --> 00:24:59,520 Um June 25th, we still don't have any decisions or or 274 00:24:55,840 --> 00:25:06,320 notices to say why we're been refused. Um on June 30th of this year, the town 275 00:25:03,440 --> 00:25:11,520 makes further amendments to the ARP and then by July, we finally get our notice. 276 00:25:08,559 --> 00:25:17,520 Um the notice didn't say anything other than due to the opinion 277 00:25:13,360 --> 00:25:22,799 of the officer, the design doesn't meet as an opinion, the design doesn't meet 278 00:25:19,600 --> 00:25:29,520 the look of what we're trying to achieve and uh you've been refused. At that 279 00:25:25,760 --> 00:25:34,080 stage, we had two options. Um, when you receive a refusal, the town 280 00:25:31,360 --> 00:25:38,640 policy is to wait six months 281 00:25:36,480 --> 00:25:43,200 and then you can resubmit, but you can't resubmit what you've submitted. You have 282 00:25:39,919 --> 00:25:47,360 to submit something new. Uh, or the other option given to us 283 00:25:45,679 --> 00:25:55,840 obviously is to be in front of this board. um not our first choice, but 284 00:25:52,880 --> 00:26:02,000 we're trying to um ultimately figure out, you know, can 285 00:25:59,760 --> 00:26:05,440 can the project that Philip and Charlie want to build, can we actually get this 286 00:26:03,760 --> 00:26:10,960 thing built? Can we work with the town in a way to make it sort of match what 287 00:26:07,760 --> 00:26:15,120 this new ARP is trying to achieve? So, that's sort of been the timeline 288 00:26:13,200 --> 00:26:20,720 journey. It's been a long time getting here. appreciate that you guys have are 289 00:26:17,919 --> 00:26:24,159 hearing us today. Um, but I'm going to walk you now through a little bit of the 290 00:26:22,080 --> 00:26:32,559 design. So, this project um was shown by 291 00:26:29,600 --> 00:26:37,279 administration as well, but the picture up on the screen now kind of shows the 292 00:26:34,320 --> 00:26:41,840 neighbor as well. Um, and I think it's important to to know what the neighbor 293 00:26:39,760 --> 00:26:46,880 has as well as us so you can understand what's sort of driving our decisions on 294 00:26:43,840 --> 00:26:51,600 on how to build out this project. Um 295 00:26:49,440 --> 00:26:55,440 the projects that have been done to the to the east of us are very recent 296 00:26:53,200 --> 00:26:59,520 builds. Uh just finished in the last couple months. The one on the corner is 297 00:26:58,080 --> 00:27:05,279 obviously still under construction, but you can you can see what it's ultimately 298 00:27:01,360 --> 00:27:10,000 going to be. So what we had um just quickly in the design, 299 00:27:07,440 --> 00:27:13,919 we we've added a parade to this building in order to justify putting a parkade on 300 00:27:12,559 --> 00:27:18,320 such a small lot. Again, we're talking about a 50 foot wide lot. It's it's very 301 00:27:15,760 --> 00:27:23,520 very small. But in order to justify putting a parkade in, uh we had 302 00:27:20,240 --> 00:27:31,679 originally looked at trying to get um three stories of accommodation in it. 303 00:27:28,480 --> 00:27:37,440 With the new ARP, no residential will be allowed on the main floor. So now we're 304 00:27:34,240 --> 00:27:41,679 looking at trying to add in a retail section on the main floor to match this 305 00:27:39,440 --> 00:27:47,200 new ARP. I would point out that the neighbors to the to the east of us have 306 00:27:43,919 --> 00:27:52,159 a visitor accommodate to the main floor. Um, obviously they got in under the old 307 00:27:49,120 --> 00:27:56,000 ARP and there is no retail in their in their building. 308 00:27:54,320 --> 00:28:01,039 Um, so we've get up to three three floors. 309 00:27:59,279 --> 00:28:06,159 Um, one of the things that we understood from the ARP was that there was supposed 310 00:28:02,880 --> 00:28:10,559 to be some sort of rooftop amenity space as as a feature, like something that's 311 00:28:08,880 --> 00:28:13,520 been encouraged. So, in order to achieve that, you have 312 00:28:11,840 --> 00:28:18,880 to have some sort of roof access. So, we looked at trying to do a small area in 313 00:28:16,559 --> 00:28:26,240 the back of the building which would allow you to come to the roof and uh and 314 00:28:21,679 --> 00:28:32,320 exit onto a roof amenity space. Um, so there is a small section of the 315 00:28:27,760 --> 00:28:35,760 building that comes above the third. This just kind of walks you through the 316 00:28:33,600 --> 00:28:40,399 elevations. We looked at, you know, the max allowable height. We we realize 317 00:28:37,440 --> 00:28:44,960 there's a variance here. Um, max height is 11 ft. The building is 11 feet or 318 00:28:42,720 --> 00:28:51,600 sorry 11 meters. 11 feet would be awfully short. So 11 meter building. Um 319 00:28:48,159 --> 00:28:56,080 a variance is allowed of of 20%. So the section of the building that allows you 320 00:28:52,880 --> 00:29:00,320 to get onto the rooftop is over that allowable 11 m and we're at the 20% 321 00:28:58,640 --> 00:29:04,799 variance. So it is a variance that could be 322 00:29:01,760 --> 00:29:07,679 granted by the town. Um but obviously the way the town looks at the rules on 323 00:29:06,159 --> 00:29:14,640 variances is you have to give them some sort of benefit to a variance in in some 324 00:29:12,159 --> 00:29:19,679 other form. So 325 00:29:16,720 --> 00:29:24,320 um this is the the render of the project and we have tried to place the neighbors 326 00:29:22,640 --> 00:29:29,520 development beside it so you can kind of see how the walls connect. If you look 327 00:29:27,279 --> 00:29:33,120 at this as a standalone, it doesn't really make sense. But when you look at 328 00:29:30,640 --> 00:29:38,399 it tied to the neighbor's property, you can see that ultimately we're covering 329 00:29:35,200 --> 00:29:41,960 up their firewall that is now currently facing the property. 330 00:29:42,240 --> 00:29:49,520 Uh the key elements of this, you know, we do have a parade. Uh currently we 331 00:29:47,440 --> 00:29:53,200 have a main floor commercial. We have 10 visitor accommodation units, a rooftop 332 00:29:51,440 --> 00:29:57,279 patio, uh what we considered contemporary ar 333 00:29:55,120 --> 00:30:02,480 alpine architecture, and when we talk about the high quality materials, 334 00:30:00,159 --> 00:30:06,720 um Phillips, the reason Philip got me 335 00:30:05,360 --> 00:30:11,120 involved and the reason we started talking is looking at what we had done 336 00:30:08,960 --> 00:30:15,760 in the past with High Place and a couple other projects in town where 337 00:30:14,080 --> 00:30:22,240 we haven't built out of wood. Everything has been steel and concrete. 338 00:30:18,640 --> 00:30:28,559 um we've only we've built projects to last time. So what he's ultimately 339 00:30:26,799 --> 00:30:33,600 trying to achieve is a project that you know will still be here in 100 years. I 340 00:30:31,039 --> 00:30:38,320 don't know 100 years down the road any of us are concerned about. But for 341 00:30:36,480 --> 00:30:42,799 Philip it's it's a bit of a legacy. He'd like to see his his property and his 342 00:30:41,120 --> 00:30:49,520 project be around at least past his lifetime and 343 00:30:45,919 --> 00:30:49,520 probably the lifetime of his children. 344 00:30:50,080 --> 00:30:56,480 So, this was our original submission when we 345 00:30:54,080 --> 00:31:00,399 were under the old ARP. Uh, this design was sort of based off of 346 00:30:58,320 --> 00:31:03,679 what you saw at Elevation Place, a little bit based off of the building 347 00:31:01,520 --> 00:31:10,159 we're standing in. Um, has the same sort of finishes, same 348 00:31:06,960 --> 00:31:15,520 sort of textures. Um, looked very much like what you would see there. 349 00:31:12,799 --> 00:31:19,679 The old ARP didn't allow us to extend at the back of the property. So there is 350 00:31:18,240 --> 00:31:24,080 quite a bit of space on the back side of the property 351 00:31:21,520 --> 00:31:30,320 that does face a alley. So we, you know, have garbage 352 00:31:27,279 --> 00:31:33,840 pickup and and transformer and all the amenities of the building kind of parked 353 00:31:31,760 --> 00:31:38,159 on the back. So that extra space in the back is is helpful for that. There's a 354 00:31:36,640 --> 00:31:40,960 lot of things that need to be considered um when you're trying to get a parkade 355 00:31:39,519 --> 00:31:45,519 into a building. You can't put so many things underground. you got to kind of 356 00:31:42,799 --> 00:31:50,000 have a bit of yard space. So, this was the original design that was submitted 357 00:31:47,120 --> 00:31:54,320 under the old ARP. And this is what we thought we would be evaluated on. 358 00:31:52,799 --> 00:31:59,039 Um, it's only a three-story building. It's 359 00:31:55,760 --> 00:32:04,720 below the 11 m. The rooftop access is just a small vestibule to get you onto 360 00:32:01,440 --> 00:32:08,320 the rooftop. Um there's not really any height variance on here with the 361 00:32:06,080 --> 00:32:13,840 exception of the small uh stairwell shaft coming up 362 00:32:11,120 --> 00:32:18,240 and uh you know a three-story visitor a comm building. Uh very similar to the 363 00:32:16,240 --> 00:32:23,360 project to the east of us in the sense of of you know what it would be approved 364 00:32:20,559 --> 00:32:30,480 for. This was our pre-application review 365 00:32:25,200 --> 00:32:35,760 comments from the town. Of note, the we directly asked, will we be able to 366 00:32:33,760 --> 00:32:40,480 be evaluated under the ARP we submit under? And it was confirmed that any 367 00:32:38,720 --> 00:32:44,720 complete application submitted prior to the adoption of the new ERP would have 368 00:32:42,720 --> 00:32:49,279 to be considered under the old LUB and and statutory plans in effect at the 369 00:32:46,640 --> 00:32:56,679 time of submission. So when we submitted and paid our fees, we we thought for 370 00:32:52,640 --> 00:32:56,679 sure we would be under the old ARP. 371 00:32:56,880 --> 00:32:59,880 Um, 372 00:33:00,960 --> 00:33:09,279 as you saw, sorry, as you saw from the timeline, 373 00:33:07,279 --> 00:33:13,200 we never we never really got a response on this design. 374 00:33:11,200 --> 00:33:17,840 Uh, we never got the opportunity to work with the town under that ARP and and 375 00:33:16,000 --> 00:33:21,120 sort this out. you know, maybe there's a couple things in the design that in 376 00:33:19,360 --> 00:33:27,440 their opinion wouldn't have been matching the old ARP or the old LUB, but 377 00:33:24,480 --> 00:33:33,360 we never got any communication on this. The only communication we got after 378 00:33:30,640 --> 00:33:38,960 uh a fairly extensive delay was we will not consider this under the old ARP and 379 00:33:35,600 --> 00:33:41,960 LUB. You need to adapt to the new one. So, 380 00:33:42,159 --> 00:33:50,320 here comes the next iteration. We tried to preserve what the project was. 381 00:33:48,159 --> 00:33:55,200 Uh losing the entire floor to a retail section was not desirable, but 382 00:33:53,120 --> 00:34:00,159 knowing that we kept it to a twotory of residential. 383 00:33:57,120 --> 00:34:05,679 Um one story being retail, still within the threetory allowable. Uh the rooftop 384 00:34:03,120 --> 00:34:10,639 component we kept in the project just to get onto the rooftop amenity space. 385 00:34:08,800 --> 00:34:14,399 And you can see in this one uh with the articulation requested on the back, we 386 00:34:12,399 --> 00:34:20,480 bumped out a a little section of the back of the building to try to meet this 387 00:34:17,200 --> 00:34:25,760 um articulation and uh you know features I guess design 388 00:34:23,679 --> 00:34:29,040 features that the town was requesting in an ARP. 389 00:34:27,520 --> 00:34:33,679 Um in our opinion, we thought we had met 390 00:34:30,720 --> 00:34:38,159 what was asked. Uh, this one even had a, you know, a canopy off the front to try 391 00:34:35,599 --> 00:34:45,040 to do that street protection and interface with the main street. 392 00:34:41,839 --> 00:34:49,520 When we got the redesign review back, it was primarily focused on not matching 393 00:34:47,520 --> 00:34:54,079 the new ARP because we didn't have alpine architecture in it. I I will 394 00:34:52,639 --> 00:34:58,800 grant you this doesn't look like alpine architecture. 395 00:34:56,159 --> 00:35:02,640 So, you know, based on these comments that we received from the town said, 396 00:35:00,640 --> 00:35:07,440 okay, we have to rethink how we achieve alpine architecture. And we took the 397 00:35:05,119 --> 00:35:11,839 examples that we saw strict straight from the ARP 398 00:35:09,520 --> 00:35:18,400 to try to change this building to make it suit uh the new ARP. 399 00:35:16,880 --> 00:35:22,960 Now, this is what we came up with. Again, 400 00:35:21,119 --> 00:35:26,880 we've we've left the neighbors building in there as a render so you can kind of 401 00:35:24,240 --> 00:35:31,599 see how it interfaces with the neighbor and we tried to do this uh alpine 402 00:35:28,960 --> 00:35:36,480 architecture with the you know the front valleys and the V's. 403 00:35:34,240 --> 00:35:42,880 So this was our sub I guess our our current 404 00:35:39,920 --> 00:35:47,200 and our final submission our alignment with the Tarp. Uh we did 405 00:35:45,839 --> 00:35:53,200 have the small encroachment in the maximum building height. 406 00:35:49,280 --> 00:35:58,560 Um we to access the amenity space on the rooftop patio for commercial uses. I 407 00:35:56,000 --> 00:36:06,160 mean once you have a main floor uh retail space uh there's not much left 408 00:36:01,280 --> 00:36:09,599 for patios or or streets. So you know getting some rooftop green 409 00:36:07,599 --> 00:36:15,920 space, rooftop amenity space was kept in here. Um we had the overhang on the 410 00:36:13,280 --> 00:36:20,240 front for the weather protection. And I'd like to point out here that uh 411 00:36:18,800 --> 00:36:27,680 because we're the first buildings under this new ARP. Thank you. Um 412 00:36:24,400 --> 00:36:33,680 you know that and that vision of of widening the front or getting more depth 413 00:36:30,720 --> 00:36:38,240 for pedestrian interface. Uh ultimately for us as you head east, you're going to 414 00:36:35,760 --> 00:36:44,560 run straight into a brick wall. Uh because the neighbor is not their 415 00:36:40,400 --> 00:36:47,280 building is not pushed back. Um, so this interface is going to be a little bit 416 00:36:45,920 --> 00:36:51,680 challenging just in the sense that we're, you know, first out of the gate. 417 00:36:49,680 --> 00:36:55,280 Uh, this drawing does show you the shadow of the neighbor. 418 00:36:53,920 --> 00:37:00,160 Does show you how we align with their block wall. The building itself is at 419 00:36:57,680 --> 00:37:04,160 the 11 m, but obviously we have a a rooftop component to this, which could 420 00:37:02,880 --> 00:37:08,720 be shrunk down. It could be made smaller. It could change. But to get to 421 00:37:07,200 --> 00:37:13,599 the rooftop, obviously we need some kind of vestibule or something. And we're 422 00:37:10,720 --> 00:37:18,640 within that 20% variance. um which of course is a is a variance. 423 00:37:17,040 --> 00:37:23,440 Um and then we thought we had you know 424 00:37:21,520 --> 00:37:29,839 tried to achieve this interface with the public and the the pedestrian. Um the 425 00:37:27,119 --> 00:37:35,280 far right corner you can see there is a stairwell that comes out of the parade. 426 00:37:33,440 --> 00:37:41,359 That's a code item. You know we have to have an exit from a parade that goes 427 00:37:37,200 --> 00:37:46,560 directly outside. Uh we're 50 ft wide and we are at some point in time going 428 00:37:43,599 --> 00:37:50,320 to have block walls on both sides of us and so we can't exit to the left or the 429 00:37:49,040 --> 00:37:56,000 right. You have to either you have to come out the front. So we thought that 430 00:37:53,119 --> 00:38:00,000 dead corner uh adjacent to the block wall of the neighbor would be a good 431 00:37:57,599 --> 00:38:05,200 place to have an exit a direct exit to the outside 432 00:38:01,839 --> 00:38:10,880 uh as per building code. Uh on the back side, 433 00:38:08,079 --> 00:38:16,240 you know, again, we have moved things around to try to activate 434 00:38:12,720 --> 00:38:21,839 the alley. Uh we do understand what the ARP is requesting in a in an alley 435 00:38:19,280 --> 00:38:25,920 interface. You know, that if people come from the back side of the alley to get 436 00:38:23,760 --> 00:38:32,000 into your building, um right now it's a dirt lane. 437 00:38:28,960 --> 00:38:35,359 Uh the property to the east of us has, you know, car parking directly onto that 438 00:38:33,680 --> 00:38:39,760 back lane. And 439 00:38:36,880 --> 00:38:45,680 so we tried to to their side push some of the, you know, the 440 00:38:42,079 --> 00:38:51,119 garbage disposal, the um transformer, a few of the elements that would be uh of 441 00:38:48,000 --> 00:38:55,520 a concern to a public interface to that edge. Uh because their property at the 442 00:38:53,359 --> 00:38:59,119 back is is ultimately dead space. You'll never have a pedestrian interface to 443 00:38:57,359 --> 00:39:04,000 that building because it was just built. Um it'll be 444 00:39:02,640 --> 00:39:09,599 50 years before anything gets redeveloped there, possibly longer. 445 00:39:08,000 --> 00:39:13,520 Um so that's sort of what you're looking at 446 00:39:10,960 --> 00:39:19,200 in the logic behind the the variance that we did. We do have um the building 447 00:39:17,520 --> 00:39:24,640 height and the floor, you know, the floor area ratio as outlined by um 448 00:39:22,720 --> 00:39:27,640 administration that that is a variance request. 449 00:39:28,320 --> 00:39:36,839 Obviously, we were given this notice of refusal. 450 00:39:33,839 --> 00:39:36,839 Um, 451 00:39:37,280 --> 00:39:44,000 what seems to be the primary reason for refusal is in the opinion we didn't meet 452 00:39:40,960 --> 00:39:49,599 the design standards of the ARP. Um, so we're talking about, you know, I 453 00:39:47,359 --> 00:39:55,599 guess an opinion on does this building look like the ARP or does it look like 454 00:39:52,320 --> 00:39:59,359 the examples in the ARP. So, 455 00:39:57,200 --> 00:40:02,960 the building is technically a four-story or technically a threetory, not a 456 00:40:01,440 --> 00:40:07,839 four-story. Um, 457 00:40:04,560 --> 00:40:13,200 the element that's on the top is uh an access element to the rooftop patio. 458 00:40:11,040 --> 00:40:16,200 Um, our 459 00:40:16,880 --> 00:40:24,320 sorry, non-compliance. Um, the FAR is overbuilt, but we're 460 00:40:21,520 --> 00:40:29,119 talking about a 50-ft lot. So the the disadvantage that uh that Philip and and 461 00:40:27,599 --> 00:40:33,520 Charlie have on their property is it's only 50 ft wide 462 00:40:31,359 --> 00:40:40,640 and you know if they were a large scale developer and they could buy three lots, 463 00:40:37,280 --> 00:40:47,040 you know, they'd have the flexibility to create more street space. Um but given 464 00:40:44,320 --> 00:40:50,640 that the lot's 50 ft wide and they have to under this new ARP get three 465 00:40:48,800 --> 00:40:54,720 entrances into the building, an emergency exit off the stairwell. Um, 466 00:40:53,760 --> 00:40:59,520 you know, the whole front of the building is just doors 467 00:40:57,119 --> 00:41:04,560 and I don't know how to make that look good. 468 00:41:01,280 --> 00:41:09,520 Um, we just don't have the space. So, it would be a lot easier if they had 469 00:41:08,079 --> 00:41:15,599 multiple lots and they were a big developer and they could they could 470 00:41:12,640 --> 00:41:19,760 be more creative with that space. But obviously on the left and the right, we 471 00:41:17,040 --> 00:41:25,720 have we have no access to put any doors, put any windows. Uh we expect block 472 00:41:21,760 --> 00:41:25,720 walls on two sides of us. 473 00:41:26,000 --> 00:41:33,440 Um we had failure to meet the discretionary 474 00:41:30,079 --> 00:41:39,119 use for the visitor comm. Uh I believe that's based solely on an opinion of 475 00:41:35,680 --> 00:41:42,560 design exceptional standard of design. So again that comes down to the opinion 476 00:41:40,720 --> 00:41:46,319 of the development officer that we did not 477 00:41:44,240 --> 00:41:50,960 create such a beautiful design that it would grant us the ability to have a 478 00:41:48,560 --> 00:41:58,160 visitor at home. Um 479 00:41:53,839 --> 00:42:03,760 we did ask what would be acceptable and uh we were just referred back to the 480 00:41:59,680 --> 00:42:09,040 ARP. So walking through the ARP um this is Alpine architecture. 481 00:42:07,040 --> 00:42:13,359 It does look a little bit like elevation place or even this building. Uh very 482 00:42:11,280 --> 00:42:18,200 flat fronts um you know monos slope roofs. 483 00:42:18,240 --> 00:42:25,760 Uh these were some other examples, the stone, 484 00:42:23,040 --> 00:42:31,599 the uh the wood and I would point out that our building on the front is stone 485 00:42:28,400 --> 00:42:37,200 and it is wood uh very much like the the example given on the left. Uh has the 486 00:42:34,400 --> 00:42:41,920 same roof line. Uh the one on the right is all monos slope pitches and glass 487 00:42:39,440 --> 00:42:47,920 windows. Um 488 00:42:43,520 --> 00:42:53,440 again, you know, alpine architecture, um these these peaks, monos slopes, let's 489 00:42:50,400 --> 00:42:58,480 call them, uh creating odd angled pitches of roof. 490 00:42:55,760 --> 00:43:04,079 So, this was directly out of the ARP, these examples. Um these are the ones 491 00:43:00,800 --> 00:43:09,760 that are actually in the ARP, uh the ones on the left. So 492 00:43:07,599 --> 00:43:15,440 that concept of the main floor pushing back to create an overhang 493 00:43:12,720 --> 00:43:21,280 on the second floor uh creating like a covered 494 00:43:18,160 --> 00:43:26,000 sidewalk or a covered entrance. Uh the flat front and uh and then these 495 00:43:24,640 --> 00:43:30,800 pictures and peaks. You can see the one on the very far bottom left uh was kind 496 00:43:28,960 --> 00:43:35,520 of the exact example we used that came out of the ARP for the town 497 00:43:33,119 --> 00:43:39,440 » as an example of what to build and that's almost exactly what we tried to 498 00:43:37,119 --> 00:43:42,880 mirror. So 499 00:43:41,040 --> 00:43:47,200 looking at our building, we do have the the 500 00:43:45,040 --> 00:43:51,920 matching peaks. We do have the recessed main floor and we've tried to pull some 501 00:43:50,000 --> 00:43:55,680 other elements of the building back to create that articulation. 502 00:43:54,000 --> 00:43:59,480 Uh I think articulation was used a number of times in the review. 503 00:44:00,160 --> 00:44:08,880 Again just more examples of you know these were all the examples shown in the 504 00:44:04,640 --> 00:44:14,640 ARP and the ones we tried to follow. Uh high quality materials. The building 505 00:44:11,119 --> 00:44:19,200 is stone. The building um front we actually uh had 506 00:44:17,040 --> 00:44:24,960 gone out. We're going to try to source um like 100-y old wood that's getting 507 00:44:21,680 --> 00:44:31,040 milled down in a shop down in uh uh south of here and apply that to the 508 00:44:27,440 --> 00:44:38,400 front to give it that alpine, you know, wood and rock look. 509 00:44:36,160 --> 00:44:45,200 So, some examples of of what the exterior elements were meant to be. 510 00:44:42,560 --> 00:44:49,760 Again, examples of what the elements are meant to be. 511 00:44:47,839 --> 00:44:54,640 Um, we did reduce the upper level massing 512 00:44:52,319 --> 00:45:00,560 through setbacks. Um, this render does show the block 513 00:44:57,599 --> 00:45:05,839 walls on either side just going full. Um, the property to the east of us, uh, 514 00:45:04,319 --> 00:45:10,079 we will be pulling that block wall back if we if we get the opportunity to build 515 00:45:08,240 --> 00:45:15,680 because it doesn't need to be there. So, we will get more articulation in that. 516 00:45:12,319 --> 00:45:22,160 on the right side, sorry, the left side where there is 517 00:45:18,400 --> 00:45:24,560 nothing developed at this time. Um, we don't know what's going to be built 518 00:45:23,119 --> 00:45:27,800 there. So, obviously the firewalls will have to remain. 519 00:45:28,800 --> 00:45:35,520 So, there is a big thing about the blank firewalls. 520 00:45:32,720 --> 00:45:40,480 Um, you know, we said no blank firewalls are permitted. 521 00:45:37,920 --> 00:45:45,599 um you have to do some sort of design element, texture material, box out, 522 00:45:42,960 --> 00:45:48,599 window openings, signage. So there is a big 523 00:45:48,640 --> 00:45:57,119 uh point made in the ARP that you you provide a mural on the blank wall if 524 00:45:52,880 --> 00:46:04,119 it's if it's going to be there. So I'm going to jump ahead because this 525 00:46:00,079 --> 00:46:04,119 image here shows our neighbor. 526 00:46:04,160 --> 00:46:09,920 If Philip and Charlie don't get the opportunity to develop their lot, you 527 00:46:08,560 --> 00:46:15,920 know, if they are refused in a development and um you know, they just 528 00:46:12,880 --> 00:46:19,839 financially can't make this work, this is what their house is going to 529 00:46:17,119 --> 00:46:28,760 look at every day. That is the blank wall of the property next door. 530 00:46:23,280 --> 00:46:28,760 And it is part concrete, part block. 531 00:46:29,680 --> 00:46:41,839 Um the joints aren't even pointed. um you know that's their forever wall 532 00:46:38,240 --> 00:46:45,920 and um I'm not sure you know why these rules are here and 533 00:46:44,079 --> 00:46:53,160 then obviously we're seeing that you know they're not being 534 00:46:48,400 --> 00:46:53,160 across the board so to speak. 535 00:46:56,240 --> 00:47:03,040 Sorry I'm going to back up again to where I was. Apologize. 536 00:47:00,640 --> 00:47:08,960 Um, so we put in a really good effort, we 537 00:47:06,480 --> 00:47:13,280 thought, to try to meet this changing ARP. 538 00:47:10,800 --> 00:47:16,880 Um, we would have preferred to have been under the old ARP. The rules were very 539 00:47:15,200 --> 00:47:21,680 clear. Um, you know, we understood exactly what 540 00:47:19,200 --> 00:47:25,520 we could and couldn't build. And with the new ARP and then the 541 00:47:23,839 --> 00:47:31,200 amendments that came within that ARP throughout time, uh, Philip and and 542 00:47:28,319 --> 00:47:35,760 Charlie did spend a lot of money and a lot of effort, and we're not talking 543 00:47:34,400 --> 00:47:39,920 minor money, we're talking in the hundreds of thousands on on redesigning 544 00:47:37,839 --> 00:47:47,520 their building, uh, redoing their studies, redoing their their, uh, 545 00:47:43,839 --> 00:47:52,560 application to try to meet this ARP that went through a number of reiterations 546 00:47:50,720 --> 00:47:56,480 and um and obviously just played a waiting game to see what ultimately 547 00:47:53,839 --> 00:47:59,480 would would come out of it. So, 548 00:47:59,680 --> 00:48:08,319 you know, we have looked at, you know, trying to to meet a number of 549 00:48:05,119 --> 00:48:12,880 the conditions. The unfortunate part for us is we didn't get a lot of dialogue 550 00:48:10,000 --> 00:48:18,480 with the town. Um we had one review that was given to us and then a refusal. 551 00:48:15,680 --> 00:48:22,319 So, you know, we did try to create this multiple door entrance piece without 552 00:48:20,800 --> 00:48:27,359 ruining the front of the building by having, you know, the entire front of 553 00:48:24,319 --> 00:48:32,559 the building being doors. Um, to create separate entrances into different areas, 554 00:48:31,119 --> 00:48:37,440 um, while still trying to maintain the aesthetics. 555 00:48:34,720 --> 00:48:40,640 Um, we did try to to mirror exactly what was in the ARP on 556 00:48:39,359 --> 00:48:44,240 the front of the building with the pitches and the peaks and and pulling 557 00:48:42,880 --> 00:48:47,240 sections of the building back for articulation. 558 00:48:47,680 --> 00:48:53,920 Um, sticking the commercial component into this building that was never meant 559 00:48:52,160 --> 00:48:58,880 to have uh retail uh proved quite a challenge 560 00:48:56,720 --> 00:49:05,680 for the architectural team. Uh, they did pull it off. They did manage to make it 561 00:49:00,960 --> 00:49:11,040 work, but it it's a 50 foot wide lot and with the limited width of the lot, you 562 00:49:08,240 --> 00:49:16,880 know, it's really hard to incorporate the elevators, the necessary stairwells, 563 00:49:14,079 --> 00:49:22,880 the exiting and everything into that 50 ft of space. Um, if again, if we were 564 00:49:20,800 --> 00:49:27,520 three or four lots wide, I think it would be very easy to achieve. Uh, but 565 00:49:25,440 --> 00:49:30,960 these people are dealing with one lot that they own. They're not dealing with 566 00:49:29,520 --> 00:49:35,720 they're not a large scale developer. They're just single family home. 567 00:49:36,079 --> 00:49:44,480 Um the exit stairs, I think I touched on that briefly with you guys, is just the 568 00:49:41,760 --> 00:49:47,920 we have this blank wall of the neighbor. It's created a dead space in front of 569 00:49:46,079 --> 00:49:52,240 our building. You know, we did put an exit stairwell 570 00:49:49,839 --> 00:49:54,800 there. We can move it inside the building, but again, now you have 571 00:49:53,359 --> 00:49:59,200 multiple doors coming out of the front of the building. 572 00:49:56,559 --> 00:50:03,599 Um, and it's not really a direct exit outside. It can be achieved. We have no 573 00:50:01,599 --> 00:50:08,720 issue with that, but we have a dead space because anyone coming down that 574 00:50:06,559 --> 00:50:16,319 newly designed sidewalk is just going to dead end into a block wall. 575 00:50:12,800 --> 00:50:21,440 Um, the weather protection, again, I touched on that. It was just we 576 00:50:19,280 --> 00:50:24,800 took these examples out of the ARP and tried to match exactly what they were 577 00:50:22,960 --> 00:50:29,440 achieving, stepping the front of the building back, creating this this 578 00:50:26,319 --> 00:50:34,400 covered sidewalk. Um here you can see what's being planned 579 00:50:31,760 --> 00:50:39,440 on the corner. Uh that's the building that is currently under construction. 580 00:50:37,280 --> 00:50:44,480 So again, they're under the old ARP, so they're right to street front. Um but it 581 00:50:42,240 --> 00:50:51,920 looks like they did, you know, work towards um matching this this ARP, the 582 00:50:48,720 --> 00:50:56,800 old ARP, let's say. Um, but with them being built right to the street corners, 583 00:50:54,160 --> 00:51:00,640 the base camp project next door, which is built right to the street, 584 00:50:59,359 --> 00:51:05,680 it does create a little bit of a challenge for us to be the first ones to 585 00:51:02,240 --> 00:51:12,520 to step back for all of 50 ft and then obviously it steps back out again to uh 586 00:51:08,960 --> 00:51:12,520 tight to the street. 587 00:51:12,800 --> 00:51:19,520 Um, on the back side, we did our best to sort of push and pull the building 588 00:51:18,000 --> 00:51:23,839 around without losing too much out of it, uh, to match the overhangs and the 589 00:51:22,079 --> 00:51:27,079 articulations as given in the examples of the ARP. 590 00:51:27,839 --> 00:51:32,960 Uh, this is the neighbor's property to the east of us looking at it from the 591 00:51:31,280 --> 00:51:39,760 backside. So, what they've been granted is a 592 00:51:36,160 --> 00:51:46,480 parking stalls directly onto the alley. So knowing what's existing and you know 593 00:51:42,240 --> 00:51:52,720 this has obviously just been built um you know for us to create a a interface 594 00:51:49,760 --> 00:51:57,599 with the public on the back side. Um you know we're we're hesitant to even 595 00:51:55,520 --> 00:52:02,240 allow that to happen. Obviously, we're going to meet the conditions if it's a 596 00:51:59,520 --> 00:52:06,960 requirement, but dumping pedestrians onto this back alley that is a dirt lane 597 00:52:04,800 --> 00:52:11,599 where cars directly pull off of of parking stalls 598 00:52:08,880 --> 00:52:16,000 um you know, just didn't seem we didn't want to dump public there. 599 00:52:14,160 --> 00:52:20,640 So, we've tried to make it on our property where they get directed to go 600 00:52:18,000 --> 00:52:26,000 west instead of east if anyone does actually uh decide to to 601 00:52:23,200 --> 00:52:31,440 come at the building from the backside. Um, I'm not sure how 602 00:52:29,839 --> 00:52:35,200 or what the plan ultimately is for the back alley if it will ever have a a 603 00:52:33,680 --> 00:52:39,280 treatment uh or incorporate any sort of pedestrian 604 00:52:37,200 --> 00:52:45,680 lanes in the back. But as it currently stands, it's a dirt lane uh with cars 605 00:52:41,599 --> 00:52:49,800 that pull directly onto it from a whole row of parking stalls. 606 00:52:52,000 --> 00:52:58,000 Sorry. So, this is what's been been planned. This is just showing the back 607 00:52:55,680 --> 00:53:03,440 alley uh you know parking pulling directly onto the street or onto the 608 00:53:00,240 --> 00:53:07,680 alley I should say sorry. Um this is sort of an overlay of us 609 00:53:05,359 --> 00:53:12,400 compared to the neighbors footprint wise. 610 00:53:09,839 --> 00:53:20,960 So both projects that have currently been developed are tight to the street. 611 00:53:16,079 --> 00:53:25,920 Um the town did add in a appendix six to the agenda which didn't 612 00:53:23,040 --> 00:53:29,520 get covered but it was a uh first time we've seen that it got in 613 00:53:27,280 --> 00:53:33,920 there on Friday but it it suggested that there was conditions to approval and 614 00:53:31,359 --> 00:53:40,079 that was uh shared in the agenda of today's meeting and in that suggested 615 00:53:37,839 --> 00:53:46,000 that under the new ARP you know we would be subject to 616 00:53:43,359 --> 00:53:51,520 uh designing and building to a new street condition which created bike 617 00:53:48,160 --> 00:53:55,839 lanes and and a landscape median. I wanted to just show that today so you 618 00:53:53,599 --> 00:54:01,280 can look at what 50 ft of that would do to the street. Um a we're going to be 619 00:53:59,200 --> 00:54:07,040 set back from what the neighbors are. Um, the neighbors are obviously never 620 00:54:02,720 --> 00:54:12,720 going to uh be able to do this interface that's planned in the new ARP because 621 00:54:08,559 --> 00:54:18,400 their buildings are are built or 3/4ers built. 622 00:54:14,559 --> 00:54:24,000 And um, you know, to do a 50-ft stretch of this new 623 00:54:21,119 --> 00:54:28,880 sidewalk condition is ultimately just going to block the rest of the alley or 624 00:54:26,559 --> 00:54:32,720 the rest of the main road. So, I'm not sure how that would be planned out. Um, 625 00:54:31,200 --> 00:54:36,480 I think that needs to be a town project that incorporates the entire street at 626 00:54:34,640 --> 00:54:41,280 once. Um, not something that I think we could 627 00:54:39,359 --> 00:54:45,440 deliver. Not without it being off the couple 628 00:54:43,760 --> 00:54:49,040 jersey barriers on either end to block anybody from using it perhaps, but it 629 00:54:47,920 --> 00:54:55,520 does seem like that would be a challenge. 630 00:54:52,000 --> 00:54:59,760 So, again, this is what we started with. you know, a simple three-story building, 631 00:54:57,920 --> 00:55:04,640 met all the conditions of the the previous ARP. 632 00:55:01,760 --> 00:55:08,720 Um, could have been a conversation and a debate on whether you like this design 633 00:55:06,000 --> 00:55:12,319 or don't like this design, but you know, we did model it after the examples 634 00:55:10,559 --> 00:55:17,920 around town, this building and Elevation Place and 635 00:55:14,559 --> 00:55:21,599 and whatever else is around. Um, happy to have made some changes to this 636 00:55:19,760 --> 00:55:27,319 and done an evaluation under the old ARP. uh but we were never given that 637 00:55:24,319 --> 00:55:27,319 opportunity. 638 00:55:27,760 --> 00:55:34,880 So in our pre-application, you know, obviously we spent a lot of time, 639 00:55:32,559 --> 00:55:40,800 energy, and money uh on putting together a submission that 640 00:55:36,880 --> 00:55:47,640 would go in before the ARP change. Um we were told that that was acceptable 641 00:55:42,960 --> 00:55:47,640 and that we'd be evaluated on that ARP. 642 00:55:47,839 --> 00:55:53,280 And then we spent a lot of time and energy and money after that trying to 643 00:55:50,960 --> 00:55:57,760 adapt to a new ARP uh given the constraints of you know 644 00:55:56,000 --> 00:56:01,920 what has already been developed around us. 645 00:55:59,680 --> 00:56:06,079 So there was a lot of lack of clarity during that time and a lack of 646 00:56:03,440 --> 00:56:10,480 understanding uh from our end of what was coming out in this ARP and what we 647 00:56:07,839 --> 00:56:15,200 had to achieve. We did our best guess, multiple iterations of our best guess. 648 00:56:13,359 --> 00:56:19,480 Um but we didn't really get a dialogue with the town. we just got a refusal. 649 00:56:19,599 --> 00:56:27,520 So, some of the ARP issues that have come out in this new one, 650 00:56:24,559 --> 00:56:31,359 um, you know, the lane activation has been requested out of us, which would be 651 00:56:29,119 --> 00:56:36,079 the back lane, the back alley. I've sort of touched on, you know, how that is 652 00:56:34,640 --> 00:56:40,079 very challenging considering what's already been approved there from the new 653 00:56:38,400 --> 00:56:43,440 builds. Um, 654 00:56:42,000 --> 00:56:46,960 you know, we can put some seating and stuff back there, but in in reality, we 655 00:56:45,200 --> 00:56:51,599 don't want to encourage anybody to be using that that dirt lane in the back. 656 00:56:49,680 --> 00:56:57,040 Not from the public side anyway. No issue with the the private side, but um 657 00:56:55,119 --> 00:57:02,240 we don't think it's wise to be directing public back there. Uh the street 658 00:56:59,200 --> 00:57:06,000 activation, again, that uh open space we've talked about, the 659 00:57:04,559 --> 00:57:10,160 you know, the stairwell coming out of the parade. Um, you know, we could add 660 00:57:08,960 --> 00:57:15,680 some benches and some planters out there. That's that's a non-issue, 661 00:57:12,559 --> 00:57:21,839 but our neighbor to the immediate adjacent side has a block wall that sort 662 00:57:19,200 --> 00:57:26,160 of deletes the there is there is no continuation of 663 00:57:23,680 --> 00:57:30,160 that interface. Um, and the modern alpine architecture 664 00:57:28,000 --> 00:57:33,280 I've touched on. I mean to the best that we could understand we we definitely 665 00:57:31,839 --> 00:57:40,319 tried to meet that modern alpine architecture uh by drawing literally 666 00:57:36,559 --> 00:57:43,920 what was in the examples from the ARP. So 667 00:57:42,240 --> 00:57:49,680 um ultimately why we're here today uh it 668 00:57:47,200 --> 00:57:52,720 isn't to ask 669 00:57:51,359 --> 00:57:58,240 for a very specific thing to get approved. Um, how we ended up here is we 670 00:57:56,160 --> 00:58:05,760 want our application reopened and we want the opportunity to work with the 671 00:58:00,720 --> 00:58:12,160 town to solve what seems to be um an opinion related on whether the design 672 00:58:07,839 --> 00:58:16,640 is a nice design or nice enough um and to work through a couple of the 673 00:58:14,640 --> 00:58:21,920 what we see as fairly minor variances that would um as best we can incorporate 674 00:58:20,000 --> 00:58:26,559 what's around us. The option for this obviously is that 675 00:58:23,760 --> 00:58:31,200 Philip and Charlie are have invested a ton of energy and time 676 00:58:29,200 --> 00:58:39,200 into this project, a ton of their own money. You know, they are just a single 677 00:58:33,280 --> 00:58:43,680 family home uh on a 10th Street where 10th Street has a new vision and 678 00:58:42,160 --> 00:58:49,040 ultimately that isn't single family homes. Uh the new vision of the town 679 00:58:46,240 --> 00:58:54,400 seems to be to push it to retail, push it to commercial, push it to businesses, 680 00:58:52,160 --> 00:59:00,960 uh push it to accommodation, and maybe not have houses on there. So, 681 00:58:58,240 --> 00:59:07,280 you know, the the what they're left with currently is is a house facing a giant 682 00:59:04,400 --> 00:59:11,599 blank wall of the neighbor to the east. Uh a redevelopment that's happened on 683 00:59:09,839 --> 00:59:17,119 the corner. um looking west, you know, they have 684 00:59:15,200 --> 00:59:20,720 another giant blank wall of a residential building that's a 685 00:59:18,640 --> 00:59:27,280 three-story apartment and um you know, they're kind of being 686 00:59:23,040 --> 00:59:32,400 squeezed out of that space. So, you know, the the desire from them 687 00:59:30,160 --> 00:59:36,559 obviously is to be able to actually develop 688 00:59:34,079 --> 00:59:41,280 and build a project that suits what the town wants for an ARP or wants for a 689 00:59:39,760 --> 00:59:45,839 business. um and be able to to relocate 690 00:59:43,119 --> 00:59:51,359 themselves. Um their long-term vision for the building, and Philip, I'm going 691 00:59:48,880 --> 00:59:56,720 to speak on your behalf here, but you know, they didn't plan on this being 692 00:59:54,400 --> 00:59:59,680 they plan on living in this building. They were planning to build something 693 00:59:58,079 --> 01:00:04,319 that was nice enough for them to live in. 694 01:00:01,440 --> 01:00:09,040 um they would like to move up, get off the street, 695 01:00:06,480 --> 01:00:14,319 um occupy the third floor, have a rooftop garden and a rooftop patio. 696 01:00:11,839 --> 01:00:18,799 Um right now, you know, they're kind of boxed in and they're hidden and you 697 01:00:17,200 --> 01:00:22,400 know, their house and their street doesn't work for them anymore. 698 01:00:20,799 --> 01:00:26,559 Financially, the only way you can do that obviously is to create some sort of 699 01:00:23,839 --> 01:00:30,559 business out of it. Uh the main floor has to be retail and has to be 700 01:00:27,920 --> 01:00:39,920 commercial. That's okay. they can adapt to that. Um, but 701 01:00:33,680 --> 01:00:44,720 obviously it has to work and you know, Philip has a car. He would like to have 702 01:00:41,839 --> 01:00:48,640 somewhere to park it. So, we came up with a parkade. It's a 50 foot wide lot. 703 01:00:47,359 --> 01:00:52,799 That's an extremely challenging thing to do and it's a very expensive thing to 704 01:00:50,079 --> 01:00:58,640 do, but it can be achieved and it gets parking for him. It gets parking for 705 01:00:55,760 --> 01:01:01,839 anyone that would be uh using the building. 706 01:01:00,160 --> 01:01:07,920 and it gets it off the street and it gets it off the back alley. 707 01:01:04,880 --> 01:01:12,799 Um there's obviously a financial proformer that goes with that. The 708 01:01:10,079 --> 01:01:17,280 project has to make sense financially or they just can't afford to do it. 709 01:01:15,359 --> 01:01:23,920 And at this stage they've invested a lot of money, a lot of time uh to get to the 710 01:01:20,240 --> 01:01:28,480 stage we're at. So ultimately we're just looking to have 711 01:01:26,640 --> 01:01:31,839 the opportunity to open this development. 712 01:01:30,160 --> 01:01:36,000 Um ideally we would like to build our 713 01:01:33,440 --> 01:01:41,760 original iteration under the ARP that we applied under. We are flexible and 714 01:01:38,960 --> 01:01:44,799 amendable. We understand that that rules change. 715 01:01:43,520 --> 01:01:51,599 Uh we understand they're probably going to change again. Um there will be new 716 01:01:47,760 --> 01:01:55,280 adaptations, new ARPs coming. Um but ultimately we're looking for that window 717 01:01:53,760 --> 01:02:00,000 in time when we can say these are the rules we're following. These are the 718 01:01:57,119 --> 01:02:05,599 rules we'd like to be applied under and this is what we'd like to be evaluated 719 01:02:01,359 --> 01:02:10,559 for and not be delayed and extended and uh ultimately have to deal with multiple 720 01:02:07,920 --> 01:02:16,960 iterations of a changing ARP and a changing opinion. 721 01:02:13,839 --> 01:02:21,640 Thanks for your time. >> Any questions from the board for Yeah. 722 01:02:27,119 --> 01:02:32,319 Thank you for your presentation, Mr. Taylor. Is that right? Is it John 723 01:02:31,280 --> 01:02:38,880 » here? Yeah. >> Okay. Um um 724 01:02:36,000 --> 01:02:44,240 sort of entering into this process uh to rede to create a design for a 725 01:02:40,960 --> 01:02:49,680 redevelopment on that specific lot. um knowing that there was an area 726 01:02:46,240 --> 01:02:55,200 redevelopment process being drafted for council approval 727 01:02:51,920 --> 01:03:00,240 um in in the near future. Did you like what was the risk 728 01:02:56,960 --> 01:03:03,040 assessment there? Because that um I hear that there was a lot of 729 01:03:01,520 --> 01:03:06,799 uncertainty through that process and that that was a that is one of the 730 01:03:05,119 --> 01:03:13,920 reasons why you're here, but that process contains a lot of uncertainty. 731 01:03:08,880 --> 01:03:21,839 So why why make the choice to to go try and redesign this property 732 01:03:18,319 --> 01:03:26,319 under the old rules knowing that there were new rules coming and that that 733 01:03:23,599 --> 01:03:31,039 would be a risk because not only that did you need to have it submitted and 734 01:03:27,920 --> 01:03:35,680 deemed complete under the old rules to be considered and that's to me that's 735 01:03:33,599 --> 01:03:42,640 that seems really risky. >> Yeah, thank you for the question. Um, 736 01:03:39,920 --> 01:03:46,559 so when we we knew that there was changes being 737 01:03:44,559 --> 01:03:50,640 discussed, there was discussions over four stories, there was discussions over 738 01:03:48,079 --> 01:03:54,480 something else. Um, I know the Canour Hotel got a four-story 739 01:03:52,319 --> 01:03:58,000 approved. Um, there was a few. So, it seemed like there was a lot of changes 740 01:03:55,839 --> 01:04:01,520 happening and that's why we booked a pre-application with the town and 741 01:03:59,680 --> 01:04:05,760 directly asked that question. If we applied under this current ARP, what 742 01:04:03,680 --> 01:04:09,680 will we be evaluated under? Will we be subject to the new rules or will we be 743 01:04:07,760 --> 01:04:14,559 able to be evaluated under the current existing rules that we understand? 744 01:04:12,319 --> 01:04:18,240 And the answer from the town was if you make your submission, you'll be 745 01:04:16,319 --> 01:04:24,160 evaluated under the rules in place at that time. 746 01:04:20,319 --> 01:04:28,400 And we did apply under the old ARP. uh we got our application submitted, our 747 01:04:26,319 --> 01:04:33,520 fees paid, and it was during that review process of 748 01:04:31,440 --> 01:04:37,680 the town, you know, reviewing that application, 749 01:04:35,119 --> 01:04:41,599 which it now I suspect maybe they just set it to the side until they got 750 01:04:39,520 --> 01:04:47,039 through their ARP um amendments, 751 01:04:43,760 --> 01:04:51,520 but we were in in the town instructed us that we would be able to be evaluated 752 01:04:48,799 --> 01:04:54,960 under the existing rules at the time of submission. 753 01:04:53,039 --> 01:05:02,960 and that's why we made that decision to apply based on that design. Now, fast 754 01:04:59,520 --> 01:05:07,920 forward months and the town said, "No, we can't actually do that. We are now 755 01:05:05,280 --> 01:05:12,480 going to change that and well change that decision. You're now going to have 756 01:05:10,000 --> 01:05:16,480 to apply under the new ARP." And they did share that ARP with us. We 757 01:05:15,440 --> 01:05:20,400 didn't know there were amendments coming. 758 01:05:18,000 --> 01:05:25,440 Uh, and we worked under that ARP to try to get the design 759 01:05:23,520 --> 01:05:29,119 altered enough to meet the standards of that ARP without losing the essence of 760 01:05:27,280 --> 01:05:35,280 the project and um and the time extensions kept 761 01:05:32,079 --> 01:05:38,799 coming after our second application and I believe it was because in the 762 01:05:36,559 --> 01:05:44,160 background there was amendments and discussions and then changes to be made 763 01:05:41,039 --> 01:05:50,319 in that ARP. Um so it's unfortunate timing for us. you know, we got caught 764 01:05:46,640 --> 01:05:57,200 in the middle of of a bunch of changing regulations and rules. 765 01:05:52,799 --> 01:06:01,760 Um, but when we started the process, we understood there could be a risk. We 766 01:05:59,839 --> 01:06:05,240 asked the question, we were told you do not have this risk. 767 01:06:07,599 --> 01:06:16,000 um because and there is a difference between um submission and being deemed 768 01:06:12,480 --> 01:06:21,359 complete and under the MGA there are the abilities for the development authority 769 01:06:19,039 --> 01:06:32,079 to ask for extensions before deeming whether a so um I'm just 770 01:06:28,240 --> 01:06:36,000 wondering if you were aware um 771 01:06:33,599 --> 01:06:42,079 in terms of that the effort and the time and the money at um to get to try and 772 01:06:39,359 --> 01:06:47,720 make an application under the before the new rules came into place 773 01:06:44,400 --> 01:06:47,720 that there 774 01:06:48,799 --> 01:06:54,079 » yeah I don't think >> there's a risk to every application like 775 01:06:52,480 --> 01:06:56,960 no matter what you submit you're running a risk that 776 01:06:55,599 --> 01:07:01,599 » you know it's maybe not going to get approved 777 01:06:58,720 --> 01:07:06,400 » um but we did book a pre-applica or pre pre-application meeting with the town to 778 01:07:03,520 --> 01:07:11,440 specifically ask just that question And the answer we got made us 779 01:07:08,640 --> 01:07:15,520 comfortable in the sense that we would get this application put together and we 780 01:07:13,440 --> 01:07:19,520 would get it submitted and paid for and we did meet it within the you know ahead 781 01:07:17,760 --> 01:07:24,720 of the ERP. Um if the town deemed it an incomplete 782 01:07:22,960 --> 01:07:28,000 submission because there was you know maybe some 783 01:07:26,559 --> 01:07:32,799 changes that were needed or some evaluations 784 01:07:29,920 --> 01:07:36,000 um you know we that's part of the process. 785 01:07:34,319 --> 01:07:41,440 Um, I don't think anyone did anything legally wrong. I think our timing just 786 01:07:38,319 --> 01:07:48,000 unfortunately for us caught us in this this discussion and this change. 787 01:07:44,400 --> 01:07:52,400 And you know, the the feeling on this side of the table is is that the 788 01:07:50,160 --> 01:07:58,319 administration had a lot of time and energy putting in going into this ARP 789 01:07:55,680 --> 01:08:02,240 and we're really not evaluating submissions during that process. Uh, not 790 01:08:01,280 --> 01:08:06,720 for anything that would have been affected anyway. 791 01:08:04,240 --> 01:08:12,240 and um you know if that's the decision of the town to to spend their energy on 792 01:08:09,039 --> 01:08:16,880 the ARP and delay uh reviewing any applications that are 793 01:08:13,920 --> 01:08:20,480 subject to a potential change. Um that's understandable and that is why we spent 794 01:08:18,640 --> 01:08:25,279 more time and money trying to adapt to this new ARP to see if we could meet 795 01:08:23,440 --> 01:08:31,679 those conditions and then ultimately get this project in under the new rules. 796 01:08:29,120 --> 01:08:34,480 » Okay. Um, we expected to have a few more 797 01:08:32,960 --> 01:08:37,839 iterations because obviously it's a brand new set 798 01:08:35,759 --> 01:08:44,600 of rules. Uh, we didn't expect to have an immediate refusal. 799 01:08:40,480 --> 01:08:44,600 » Okay. And then 800 01:08:45,520 --> 01:08:51,440 this is an area that didn't have a previous area development plan or area 801 01:08:49,199 --> 01:08:56,640 redevelopment plan. So with the new area redevelopment plan in the works and then 802 01:08:54,239 --> 01:09:01,279 approved and the implementation of that on being that there would be land use 803 01:08:58,799 --> 01:09:05,440 bylaw changes. What you're saying is that you didn't realize that that would 804 01:09:03,279 --> 01:09:10,400 happen is what I'm understanding that the ARP 805 01:09:08,159 --> 01:09:15,120 would then lead to land use bylaw changes that would affect this property. 806 01:09:12,640 --> 01:09:20,960 Is that correct? >> Yeah. I I don't like if we were trying 807 01:09:19,120 --> 01:09:25,279 to anticipate what would get approved at the town and then designed to that I 808 01:09:23,600 --> 01:09:30,799 think that would be extremely risky and unwise. 809 01:09:27,120 --> 01:09:34,960 So we only reacted to what became approved. 810 01:09:32,400 --> 01:09:39,759 I know until the new ARP was released. We didn't change our design. We did it 811 01:09:37,120 --> 01:09:44,000 once the ARP was released and then we resubmitted. 812 01:09:41,679 --> 01:09:48,960 Um then there was amendments to that ARP that came 813 01:09:45,920 --> 01:09:53,679 you know further down the line. But at no point were we trying to anticipate 814 01:09:51,679 --> 01:09:58,640 what the discussion was or participate in that discussion and try to get ahead 815 01:09:56,000 --> 01:10:03,360 of it to design for something years down the road. Um 816 01:10:01,840 --> 01:10:09,040 you know all we could do is react to what became law what became the rules. 817 01:10:06,960 --> 01:10:12,320 Um when we submitted the first time we had a clear set of understanding and 818 01:10:10,400 --> 01:10:16,159 rules of that ARP and we submitted what we submitted based on what made sense 819 01:10:14,080 --> 01:10:21,199 for the project for uh Philip and Charlie. 820 01:10:18,560 --> 01:10:26,800 We didn't ant we we expected that we would be evaluated under those rules. 821 01:10:23,920 --> 01:10:32,880 Um we we weren't our submission sat at the town and we had time extensions 822 01:10:30,960 --> 01:10:40,080 which legally is allowed. There's no question. Um and then those delays 823 01:10:37,040 --> 01:10:44,960 pushed us off until the implementation and then once that was implemented you 824 01:10:42,159 --> 01:10:51,040 know we could we could resubmit which we did. Uh but then again that was delayed 825 01:10:47,840 --> 01:10:56,880 until the amendments were put through. Um so the reaction time on our end is 826 01:10:54,320 --> 01:11:01,840 what's today's rules that's what we design to that's what we submit. what's 827 01:10:59,520 --> 01:11:09,640 coming in the future is is not something we've ever anticip or would ever work to 828 01:11:04,640 --> 01:11:09,640 guess at and try to match. 829 01:11:14,080 --> 01:11:18,600 » Okay. Okay. Thank you. >> Thank you. 830 01:11:21,520 --> 01:11:27,199 » Is there anyone in the audience who wishes to speak in support of the 831 01:11:24,719 --> 01:11:30,400 appeal? If so, please approach the podium and give your name. 832 01:11:31,360 --> 01:11:36,880 Anyone in the audience who wishes to speak against the appeal, please 833 01:11:35,280 --> 01:11:40,239 approach the podium and provide your name. 834 01:11:38,800 --> 01:11:46,719 Anyone in the audience who wish to speak in a neutral position, please approach 835 01:11:42,400 --> 01:11:50,000 the podium and provide your name. Uh to the clerk, have we received any 836 01:11:48,560 --> 01:11:53,480 written submissions in addition to what's been contained? 837 01:11:56,080 --> 01:12:02,199 » Sorry. Uh we have not received any any written submissions on this matter. 838 01:12:02,800 --> 01:12:10,320 » Uh this time we'll stand in recess for a period of 15 minutes for the board to 839 01:12:08,320 --> 01:12:13,560 prepare necess any necessary questions for clarification. 840 01:28:09,040 --> 01:28:16,320 call the meeting back to order for the board. Any members of the board 841 01:28:14,080 --> 01:28:19,320 have questions for clarification for administration? 842 01:28:19,600 --> 01:28:28,159 » Thank you. uh through the chair uh for administration. I was hoping uh Mr. 843 01:28:25,360 --> 01:28:34,880 Grall could go through uh a timeline of when the this 844 01:28:32,239 --> 01:28:42,159 application was submitted, when it was considered complete 845 01:28:38,239 --> 01:28:48,080 and when it was deemed refused and how that aligns with the requirement 846 01:28:44,320 --> 01:28:53,880 of the MGA. Thank you. >> Absolutely. Uh, just give me a minute 847 01:28:50,880 --> 01:28:53,880 here. 848 01:28:55,920 --> 01:29:04,560 So, I'll go back even further. I'll start with the pre-application meeting 849 01:28:59,360 --> 01:29:08,560 which was held um April 10th, 2025. Uh, and at that pre-application meeting, 850 01:29:06,400 --> 01:29:14,000 the developer was made aware of the ARP going into effect uh quite shortly. Um, 851 01:29:12,239 --> 01:29:19,920 in fact, the review comments were framed using language and figures uh from the 852 01:29:16,560 --> 01:29:24,960 final draft of the ARP. So this was uh from administration's perspective um we 853 01:29:23,199 --> 01:29:29,280 were quite transparent about this document coming into effect and you know 854 01:29:27,679 --> 01:29:34,880 it' be a good idea for you to become familiar with it and probably pivot uh 855 01:29:31,760 --> 01:29:39,040 your development to um to adhere to it. So, 856 01:29:36,960 --> 01:29:44,000 uh, the developer obviously had the opportunity to assess their timeline 857 01:29:41,199 --> 01:29:49,840 given that information and decide if they wanted to take an exit 858 01:29:45,679 --> 01:29:55,199 lane and, um, uh, you know, go through the ARP and align with it for their 859 01:29:51,760 --> 01:30:01,280 project, for their submission, um, whatever. I mean again they had the the 860 01:29:57,360 --> 01:30:08,719 opportunity uh to not proceed uh to make changes from administration's 861 01:30:03,679 --> 01:30:13,760 uh perspective. Uh it was brought up um that administration in the pre-lication 862 01:30:11,600 --> 01:30:18,880 comments stated that if they submitted their application 863 01:30:15,600 --> 01:30:23,760 um prior to the adoption of the AP that they would be held under the old rules. 864 01:30:21,120 --> 01:30:29,760 to clarify uh in the pre-application comments it says specifically a complete 865 01:30:27,360 --> 01:30:34,239 application and I'll just go over the timeline of that as well just to be 866 01:30:32,159 --> 01:30:40,480 clear. Uh so in terms of submission 867 01:30:38,400 --> 01:30:45,480 the developer submitted their application on 868 01:30:57,840 --> 01:31:03,560 Looks like it was paid June 23rd, 2025. 869 01:31:08,639 --> 01:31:16,120 The MGA allows the uh the municipality 20 days to deem the application 870 01:31:13,120 --> 01:31:16,120 complete. 871 01:31:19,040 --> 01:31:24,840 The first incomplete application notice 872 01:31:25,120 --> 01:31:28,120 was 873 01:31:41,040 --> 01:31:47,320 provided on July 2nd, 2025. five. 874 01:31:52,480 --> 01:32:01,840 There was another round of um complete application 875 01:31:58,239 --> 01:32:06,880 uh review and another deeming of it incomplete. The application wasn't 876 01:32:04,400 --> 01:32:09,880 deemed complete until 877 01:32:11,760 --> 01:32:20,360 July 25th, 2025. The ARP was adopted on July 8th, 2025. 878 01:32:22,800 --> 01:32:29,840 So from administration's perspective, we've been transparent. We gave them an 879 01:32:27,199 --> 01:32:37,440 exit lane. Uh they decided to proceed. That was their choice. Um, and once the 880 01:32:33,440 --> 01:32:41,840 ARP was adopted, it in effect. So, uh, we 881 01:32:39,679 --> 01:32:46,560 informed the developer of that and that their application that they would need 882 01:32:44,000 --> 01:32:50,400 to, uh, change it in order to comply with the ARP. Again, they had the 883 01:32:49,120 --> 01:32:54,719 opportunity to withdraw their application if they wished to get a 884 01:32:52,159 --> 01:32:59,520 refund. They chose not to. They chose to proceed. 885 01:32:57,120 --> 01:33:04,560 » Sorry to interrupt. For clarity, is it deemed complete on July 28th? 886 01:33:02,480 --> 01:33:09,520 » 25th >> and ARP was 887 01:33:06,800 --> 01:33:12,679 » adopted July 8th, 2025. >> Thank you. 888 01:33:17,600 --> 01:33:21,840 » Okay. So, >> am I interrupting you? 889 01:33:21,360 --> 01:33:23,679 » What? >> Am I interrupting? 890 01:33:22,800 --> 01:33:26,679 » No. No. >> Okay. 891 01:33:26,960 --> 01:33:31,040 So deem the deem it was deemed complete July 25th. 892 01:33:30,400 --> 01:33:34,400 » Correct. >> Okay. And then you're going to keep 893 01:33:32,560 --> 01:33:39,440 going. I'm going to let you keep going. >> All right. I'll just keep going here and 894 01:33:37,199 --> 01:33:44,239 the board can ask questions uh as they like. So there were just a couple of 895 01:33:42,159 --> 01:33:49,360 pieces I wanted to clarify as well in response to the presentation that was 896 01:33:46,560 --> 01:33:54,960 given. um the applicant feels that administration has not worked with the 897 01:33:52,000 --> 01:34:00,639 developer that we abruptly refused the application that it was interpreted as a 898 01:33:58,080 --> 01:34:04,960 a surprise and so forth. So just wanted to provide a little bit of 899 01:34:01,840 --> 01:34:10,679 administration side to that story. Uh the town did allow for three full 900 01:34:07,679 --> 01:34:10,679 resubmissions. 901 01:34:10,960 --> 01:34:19,280 administration met with the developer and their team, including the architect, 902 01:34:16,719 --> 01:34:24,880 when the first round of review comments was given to go over those comments in 903 01:34:21,679 --> 01:34:31,440 detail to make sure everything was clear. 904 01:34:27,600 --> 01:34:36,880 When we received the second submission, administration felt that the comments 905 01:34:33,440 --> 01:34:43,440 hadn't been adequately addressed and we responded with an advisory that we would 906 01:34:40,800 --> 01:34:49,520 allow for another submission. But we were clear that if we felt again there 907 01:34:46,880 --> 01:34:53,520 was no movement that we would refuse the application. So we did give the 908 01:34:51,440 --> 01:34:57,679 applicant the heads up that if they weren't willing to work with us here, we 909 01:34:55,760 --> 01:35:02,080 would just refuse it. and they had the right to come here today and state their 910 01:35:00,000 --> 01:35:05,280 case. Uh and that's that's exactly what 911 01:35:03,840 --> 01:35:10,320 happened. We received the third submission. We felt it was really uh 912 01:35:08,320 --> 01:35:15,960 materially no different from their second submission. So we refused it. 913 01:35:19,920 --> 01:35:26,480 And from administration's perspective, we feel we've been transparent about the 914 01:35:24,000 --> 01:35:31,520 ARP the process. We've allowed opportunities for changes. Uh and the 915 01:35:29,760 --> 01:35:36,239 developer has had the discretion throughout the process from 916 01:35:33,280 --> 01:35:42,960 pre-application to a decision to make changes or to you know not apply or if 917 01:35:40,159 --> 01:35:48,440 they applied to withdraw. They've been in control of their their 918 01:35:44,560 --> 01:35:48,440 destiny so to speak. 919 01:35:49,199 --> 01:35:54,040 And that's that's clarifications I wanted to provide. 920 01:36:00,159 --> 01:36:10,480 Okay. Um, so I just want to make sure I kind of understand part of this process. 921 01:36:05,920 --> 01:36:19,000 So the um application was made by the devel uh by the applicant um under the 922 01:36:14,800 --> 01:36:19,000 trying to use the old 923 01:36:19,120 --> 01:36:25,520 without trying to make the application without the new rules in place under the 924 01:36:23,199 --> 01:36:30,480 new ARP. When the it was deemed complete however 925 01:36:27,760 --> 01:36:36,159 was after the ARP was approved. At that point in time, administration informed 926 01:36:32,560 --> 01:36:43,040 the applicant that they had that they had choices. They could withdraw their 927 01:36:39,600 --> 01:36:50,159 application or they could proceed with an application that while complete was 928 01:36:46,080 --> 01:36:56,719 made under an old by an old set of directions for um the downtown. 929 01:36:53,920 --> 01:37:01,280 And by moving ahead and engaging in th this process over the last year which 930 01:36:58,719 --> 01:37:07,040 included three resubmissions, it was to try and bring that that application to 931 01:37:05,119 --> 01:37:12,000 compliance under the new rules instead of submitting just a new application. 932 01:37:09,920 --> 01:37:16,320 » Correct. With the exception of we didn't explicitly say you may withdraw your 933 01:37:15,040 --> 01:37:20,800 application. Okay. >> The applicant but 934 01:37:18,800 --> 01:37:24,800 » they could have if they if they wanted to. So 935 01:37:22,480 --> 01:37:29,000 » thank you so much. Um, that answers my questions. 936 01:37:25,840 --> 01:37:29,000 » Thank you. 937 01:37:29,360 --> 01:37:37,639 » Any further clarifying questions for administration? 938 01:37:33,520 --> 01:37:37,639 » Okay, thank you. Great. Thank you. 939 01:37:39,920 --> 01:37:46,840 Does Does the board have any questions for clarification from the applicant? 940 01:37:48,560 --> 01:37:54,320 Any board have any questions or clarification for the appellent? 941 01:37:55,199 --> 01:37:59,440 Does it >> it's the same? 942 01:37:57,280 --> 01:38:03,239 » Yeah. Does the board have any questions for anyone else? 943 01:38:03,679 --> 01:38:10,760 » Does any other person who has presented have questions for clarification of any 944 01:38:07,440 --> 01:38:10,760 other presenter? 945 01:38:21,199 --> 01:38:29,840 Yeah. I just wanted to be clear with what our ask was out of uh today. Um you 946 01:38:28,320 --> 01:38:35,840 know, we know there's a six-month standown and you can't reapply 947 01:38:33,119 --> 01:38:38,800 for the same project uh to the town. You can't make the you can't get refused for 948 01:38:37,600 --> 01:38:42,000 an application and make the same application. 949 01:38:40,480 --> 01:38:47,040 Um so when we first submitted, you know, we 950 01:38:44,960 --> 01:38:50,800 did think the timeline would work for us to get to an application in under the 951 01:38:48,880 --> 01:38:54,400 old ARP. Um, 952 01:38:52,560 --> 01:38:57,520 you know, timing didn't work out quite for us. Uh, when we submitted on the 953 01:38:55,920 --> 01:39:02,080 20th, I think we paid our fees on the 23rd, which then the town considers it 954 01:39:00,400 --> 01:39:07,040 submitted. Um, 955 01:39:04,560 --> 01:39:11,280 and then the review process of 20 days obviously pushed us past when the ARP 956 01:39:09,280 --> 01:39:14,159 was going to be adopted. Um, we didn't know when the ARP was 957 01:39:13,040 --> 01:39:19,199 going to get adopted. It had been postponed three times prior to that. So, 958 01:39:16,480 --> 01:39:25,199 it could have been adopted any time prior. It also could have been 959 01:39:21,119 --> 01:39:30,239 delayed further uh through multiple extensions. 960 01:39:27,520 --> 01:39:34,560 So we knew what the rules were. We applied 961 01:39:32,239 --> 01:39:38,320 um and when we were given the op the option of withdrawing the application or 962 01:39:36,719 --> 01:39:42,480 trying to adopt to the new ARP, we did choose to adapt to the new ARP and and 963 01:39:40,080 --> 01:39:47,280 we worked towards that. And we did spend a bunch of time uh and energy and money 964 01:39:45,440 --> 01:39:52,480 on engineering and and trying to solve that. 965 01:39:48,960 --> 01:39:56,719 So we went for the ride knowingly. We knew what we were getting into. 966 01:39:54,960 --> 01:40:01,199 Um but after there we got one round of 967 01:39:58,480 --> 01:40:05,280 comments on our redesign design that matches a new ARP 968 01:40:03,360 --> 01:40:12,800 and then a bunch of time extensions and then a refusal. So, what we're asking is 969 01:40:09,520 --> 01:40:18,239 to to just reopen that and let us try to finish the process and not hit us with a 970 01:40:15,520 --> 01:40:24,320 six-month delay and a refusal to put this project forward again. Um, you 971 01:40:21,840 --> 01:40:30,239 know, there's been a lot of effort and energy and time from from the land 972 01:40:26,320 --> 01:40:36,400 owners to try to get this project in. And you know, we believe the town and 973 01:40:33,520 --> 01:40:40,800 the administration is is here to help support people uh who wish to develop 974 01:40:38,880 --> 01:40:45,360 their properties. And so we're just seeking the 975 01:40:42,080 --> 01:40:50,480 opportunity to again uh go through this design. 976 01:40:47,840 --> 01:40:54,320 Um maybe be less more focused on what the new rules are. 977 01:40:52,080 --> 01:40:59,119 so we understand them a little better and get the opportunity to try to get 978 01:40:56,080 --> 01:41:02,800 this application through an approval uh based on this new ARP that is now in 979 01:41:01,119 --> 01:41:09,119 effect without having to lose 6 months 980 01:41:06,480 --> 01:41:14,880 and ultimately uh you know start from scratch so to speak. Um we do believe 981 01:41:12,560 --> 01:41:18,000 we're our design is is close. There's a couple things that are there's nothing 982 01:41:16,400 --> 01:41:23,520 outside the rules. there's just a few variances asked for and the main reason 983 01:41:20,320 --> 01:41:28,800 for refusal that we've noticed is an opinion on the design you know uh in the 984 01:41:27,119 --> 01:41:33,760 opinion of the town the design doesn't match you know what they are deeming to 985 01:41:31,360 --> 01:41:38,000 be alpine architecture um happy to continue that discussion 986 01:41:35,840 --> 01:41:42,159 with the town if we're given the opportunity to try to sort out what 987 01:41:40,480 --> 01:41:46,239 exactly alpine architecture is supposed to look like under the vision of the 988 01:41:44,400 --> 01:41:50,480 town Um, 989 01:41:48,159 --> 01:41:55,679 so all all we're asking for is is to not lose six months and be able to get this 990 01:41:53,520 --> 01:42:00,800 application open so we can we can finish the process. 991 01:41:58,800 --> 01:42:03,960 Thank you. Thank you. 992 01:42:04,159 --> 01:42:09,000 Does the development officer have any closing comments? 993 01:42:09,840 --> 01:42:14,280 Does the appellant have any closing comments? 994 01:42:15,360 --> 01:42:18,760 Additional closing. 995 01:42:23,840 --> 01:42:30,119 Do the persons who have made representations today feel that you have 996 01:42:26,639 --> 01:42:30,119 had a fair hearing? 997 01:42:32,080 --> 01:42:38,239 This hearing is now concluded. As a reminder, the board will meet in a close 998 01:42:36,159 --> 01:42:42,560 session to review the evidence presented and provide a written decision within 15 999 01:42:40,320 --> 01:42:46,960 days of this hearing. No decision is binding on the board until it issues a 1000 01:42:44,880 --> 01:42:53,119 written decision. The clerk will provide a decision to the appellets and post a 1001 01:42:49,760 --> 01:42:53,119 notice to the town's website.