This time it’s political, say offended condominium consumers, who’re warning Vaughan politicians towards approving one other growth utility from the corporate that cancelled the Icona condos in September.

Gupta Group, which cited monetary causes for Icona’s cancellation, has utilized to construct a virtually equivalent growth on the similar website at Freeway 7 and Edgeley Blvd. close to Vaughan Metropolitan Centre. However Icona consumers say a “restrictive covenant” prevents the developer from constructing residential models on the positioning — a restriction they are saying nonetheless exists.

The Icona condos project by Gupta Group was cancelled in 2018, with the company citing financial reasons.
The Icona condos undertaking by Gupta Group was cancelled in 2018, with the corporate citing monetary causes.  (Iconavaughan.ca)

“How can the town even entertain a variance or utility of any form to resurrect this undertaking when it hasn’t been resolved with us and the covenant continues to be there,” stated Patricia DeBartolo, a spokesperson for a bunch of a whole bunch of Icona consumers, who’ve employed a lawyer to hunt a authorized avenue to sue the developer.

The brand new undertaking is along with one other growth utility Gupta filed in August simply forward of the Icona cancellation for 3 towers at Yonge St. and Steeles Ave.

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The Icona consumers signed buy agreements in early 2017. When the event was cancelled greater than a yr later it was a serious setback on the area’s high-priced property ladder, say the purchasers.

On Thursday night, they advised the Vaughan committee of adjustment {that a} authorized situation they consider led to the Icona cancellation nonetheless exists.

The town says that was the primary time its committee grew to become conscious of the restrictive covenant on the property that prohibits the proprietor from creating houses on the positioning. The committee put the matter over till Jan. 24 pending authorized recommendation.

The restrictive covenant dates again to Gupta’s buy of the land in 2005. The authorized situation prohibits Gupta, which purchased the property underneath its Icona Hospitality Group, from constructing something aside from a lodge and banquet amenities there. It additionally offers the numbered firm that offered the land the precise to approve any growth on the positioning.

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Final March, greater than a yr after the Icona towers went available on the market, a decide upheld the covenant although that space of Vaughan has been accredited for intensification.

The town is continuous its evaluate of the appliance, which “stays lively,” an official advised the Star on Friday. A Vaughan workers report calls the newest utility for 3 condominium towers, townhouses and a lodge “good planning,” saying it represents “the kind of growth that’s meant by the Official Plan and zoning bylaw.”

“Council has accredited the event topic to receiving approval of the variances that are supported by metropolis council and workers,” says the report.

Gupta Group CEO Reetu Gupta, who additionally heads the corporate’s Easton’s Group of Resorts, didn’t reply to the Star’s request for an interview on Friday. A media relations consultant, who beforehand acted for the corporate, stated she now not works for Gupta and a lawyer representing the corporate at Thursday’s Vaughan committee listening to additionally failed to reply to the Star’s requests for remark Friday.

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“It’s not nearly us. We don’t need one other 1,600 folks to fall into the identical state of affairs we had been in a yr from now or two years from now,” stated DeBartolo of the consumers group.

Carla Gravina, a purchaser in Liberty Developments’ cancelled Cosmos condos final yr, stated she and others in her group can be out to help the Icona consumers.

“We’d like somebody from the town to get up and bear in mind they do work for us,” she stated.

In an emailed assertion, Vaughan Mayor Maurizio Bevilacqua stated he’ll “proceed to demand pressing motion that protects folks and their desires of house possession.”

He stated the province is answerable for client safety and the town issued a proper request in Might asking that the laws round pre-construction condos be reviewed.

Tess Kalinowski is a Toronto-based reporter protecting actual property. Observe her on Twitter: @tesskalinowski

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