It was the line of the day "We have an old saying in Newfoundland, you can't suck and blow at the same time.''
That was Paul Madden summing up his frustration with the City of Charlottetown over a decision to reject his proposal for a second building, next to his condominiums, on the waterfront.
Madden testified Wednesday before the Island Regulatory and Appeals Commission. His line refers to the fact that the city subdivided the property in question into two lots (unbeknownst to council) but won't let him build on it and the fact the city allows other development on the waterfront but not his.
Back in November, council voted 7-3 to reject his proposal (Couns. Cecil Villard, Mitchell Tweel, Danny Redmond, David MacDonald, Eddie Rice, Melissa Hilton and Terry Bernard were the dissenters). City planners gave their blessing, as did the planning committee which recommended council approve it. So, Madden appealed to IRAC and the hearing began on Wednesday.
Madden already has one condominium development between Founders' Hall and the water. Now, he wants a second smaller building. This one would be a mixed bag of retail, commercial, apartments and a marina.
Jonathan Coady, Madden's counsel, repeatedly pointed out that the city's planning department subdivided the property, thereby allowing his client to move ahead with developing the rest of the property he purchased from CADC.
"It's almost an assumption (by the city),'' Madden said, referring to the fact the city knew as soon as it subdivided the lot it knew it was going to be subject to development.
David Hooley, counsel for the city, said while that's true there are many things Madden could do with the vacant piece, including opening it for parking.
Hooley said at no time did the city give Madden any assurances he would be able to build on it.
Madden originally wanted to put up a 53-unit condominium but the city rejected that and instead allowed him to build something much smaller but the Newfoundland developer has never made any secret about his intention to build again on his property.
Madden argued Wednesday that he's poured in more than $100,000 in infrastructure so the city could service the area with water and sewer. Hooley pointed out that it was for the whole area, not so he could service a second building.
In rejecting Madden's proposal in November, many councillors said it was time to take another look at plans for the waterfront.
Madden said that's just smoke and mirrors to block him, pointing to projects like the convention centre that are currently underway.
"Oh, now they want to take a look at the (waterfront) plans?'' Madden said with a mocking tone.
It should be noted that the convention centre is not in the waterfront CDA (comprehensive development area) as Madden's proposal is in but is zoned DMU (downtown mixed use).
When Madden said he was never given any "sound planning reasons'' why he couldn't proceed, Hooley said council was concerned about density. That didn't jive with the developer.
"It seems council has a problem with making decisions,'' he said.
Bill Chandler, the architect who designed Madden's condominium and the proposed second building, testified there didn't seem to be any misunderstandings between city planners and Madden as to what the developer was going to do next, fill in the vacant space between the existing condominium and Founders' Hall.
"The land is obviously good for something,'' Chandler said.
The hearing continues Friday at 9:30 a.m. when city planning manager Don Poole will be called to testify.
