Kingston group disappointed at courts decision on ‘Capital Condo’ project

Vicki Schmolka was “disappointed” that an appeal of the decision to deny Kingston’s proposed “Capitol Condo” project will go ahead.

On Friday, the Ontario Divisional Court agreed to hear the developer’s appeal of the project’s rejection by the local planning tribunal.

The court says the downtown high-rise project merits another hearing based on the issues of heritage vs. intensification.

Schmolka says Vision for Kingston, which successfully fought the development, is getting ready to do it all over again.

“We were disappointed in the court decision, but we except that the developer got leave to appeal and now we’ll continue to defend Kingston’s official plan and the community’s wish to have the heritage of downtown respected and the human scale of downtown respected as the official plan and zoning bylaws call for.”

WATCH: Questions after Capital Condo O.M.B. Hearing

1:41 Questions after Capital Condo O.M.B. Hearing

Darryl Firsten, whose company is behind the 16-storey condo tower atop the former Capitol movie theatre on Princess Street, told Global News that he’s pleased the judicial appeal will move forward.

He says he wants the court to consider whether errors were made in the interpretation of the city’s official plan and other policies.

“If a court does believe that there was an error in law, they could order the Ontario Municipal Board or the L-PAT to rehear the case, which we’d have to wait for a rehearing of that and then a decision would come.”

WATCH: Kingston’s Capital Condo appeal cost is $100,000

2:06 Kingston’s Capital Condo appeal cost is $100,000

This has become a pricey battle for both sides.

Schmolka says it cost a hundred thousand dollars to argue the case at the Ontario Municipal Board local planning appeal tribunal. At that time, the community came through with what she says was community-raised money. Now, the community will be asked again to help cover the legal costs of the appeal.

A date for the judicial appeal hasn’t been set, but the developer says it could be heard in six to eight months.

Vision for Kingston is an online forum where residents are committed to a human scale, densified and accessible Limestone City.