Opponents file another appeal over proposed downtown Kingston high-rise

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Two groups opposed to the Capitol Condo project proposed for downtown Kingston are once again appealing a revised plan approved by City Council earlier this month. 

Building Kingston's Future and The Frontenac Heritage Foundation have filed an appeal with the Local Planning Appeal Tribunal for the now 12-storey plan, down from a proposed 16-storey plan that was previously dismissed. 

LPAT ruled in 2018 the 16-storey proposal did not follow Kingston's Official Plan or zoning by-laws and Council approved a zoning amendment earlier this month that allowed the project to move forward with a new 12-storey proposal. 

Councillors said the new proposal was a compromise to preserve the area's heritage while also addressing the need for housing downtown. The week after that council vote, an Ontario Divisional Court dismissed an appeal by the developer over the LPAT decision for the original proposal. 

The two opposition groups said in a statement Thursday they believe IN8 Developments' new plans will once again be shot down through the appeal process. 

"History is on our side," Samantha King, President of Building Kingston’s Future said in a statement. 

"The Local Planning Appeal Tribunal (LPAT) has twice rejected a proposal by developer IN8 for a 16-storey building on the site, first at an eleven-day hearing, and then when the LPAT dismissed IN8’s request for a review of the first decision," she said. 

"The Divisional Court decision clearly supported our interpretation of the approved Official Plan, the Zoning By-Law and the Downtown and Harbour Architectural Guidelines."

Annette Burfoot, Secretary of Building Kingston’s Future said the group's felt like they were left with no choice but to appeal the decision. 

"We all felt we had no choice and filed an appeal to ensure that the Court decision is appropriately reflected in this 12-storey application," she said in a statement.