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Altoria - 35 étages (2014)


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http://www.montrealgazette.com/business/Project+vertically+challenged/5496864/story.html

 

MONTREAL - Condo owners are challenging the height of a $100-million mixed-use skyscraper featuring the first new office space destined for downtown Montreal in years.

 

A developer of the historic Unity condo building on de la Gauchetière St. – and its association of condo owners – are asking a Quebec Superior Court judge to scale down the height of the Altoria condo and office project, which is planned for 35 storeys. The interrogation of witnesses resumes next week in the case, which Altoria developer Richard Hylands, president of Kevric Real Estate Corp., has dismissed as “a frivolous lawsuit.”

 

Such disputes over building height, which can obstruct residents’ views and limit access to sunlight are inevitable during a condo boom driven by the urban densification of increasingly scarce land sites, real estate observers say. Neighbours of the luxury Sir George Simpson condo project on Sherbrooke St. W., for example, initially objected to plans for a 13-storey building, arguing that the height would block their views of Mount Royal. The building’s height was finally limited to 12 storeys.

 

“City council or courts are not to my knowledge sympathetic to those who lobby against development because it blocks their views. If no building could be built blocking the views of another how would downtown develop?” asked lawyer Daniel Rafuse, who hosts a real estate show on CJAD radio station. “The civil code doesn’t protect condo owners’ view from obstruction if it’s not immediately up against the property line.”

 

In the case of Altoria, however, Unity condo association president Federico Bizzotto, a developer with his brother Carlo Bizzotto, claims that the protection of Montreal’s heritage is the key reason the tower should be limited to 14 storeys. The case against Kevric, Quebec’s Department of Culture – which gave Altoria the right to build a 35-storey tower – and Montreal for issuing the demolition permit, is to be heard in December.

 

While Bizzotto has previously complained about the effect of Altoria on residents’ views and access to sunlight, his case hinges on the Department of Culture’s decision to allow such a tall tower in what’s supposed to be a heritage area. Although city zoning rules permit a 35-storey building, Bizzotto’s lawyer says Altoria is subject to provincial heritage norms that block nearby construction from overshadowing the 14-storey Unity building – an argument Kevric contests.

 

“How can we allow such a tall building when we’ve had many other buildings that were refused to be built to that height?” asked Jean Lozeau, the lawyer for Unity. “The height of the Unity building must be dominant.”

 

Constructed in 1913, the building is located on “Beaver Hall Paper Hill,” an area named for the companies connected to the printing industry in the 20th century. Since Unity was transformed into an 88-unit condo building, a second Unity phase has been constructed and Bizzotto now has plans for “Le U,” which is to be a rental development.

 

But Kevric president Hylands said the case isn’t about heritage, or views, but rather Bizzotto’s commercial interests as a developer.

 

Frederico Bizzotto, in fact, asked for and was refused the right to develop “Le U” as a 20-storey building.

 

“He’s a competitor, there’s nothing more to it,” said Hylands, who says Kevric has sold 100 out of Altoria’s 150 condo units. “The building fits into the city’s master plan like a T.”

 

Hylands argued that Kevric is building Altoria after obtaining all the requisite permits.

 

“You can’t prevent someone from filing a frivolous lawsuit,” he said. “It doesn’t mean that you have a case.”

 

alampert@montrealgazette.com

 

Read more: http://www.montrealgazette.com/business/Altoria+faces+height+challenge/5496864/story.html#ixzz1aREbF4CG

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