WATERLOO — Plans for Maxwell’s Music House to move to new digs on University Avenue are now in limbo because a developer is appealing the project at the Ontario Municipal Board.
The popular concert venue is currently located at 220 King St. N., but was given a rezoning approval by Waterloo city council in June for 35 University Ave. E.
Glen Stocco of Lexington Park Real Estate Capital Inc. is appealing the rezoning, municipal board documents indicate, based on concerns about parking.
Paul Maxwell, owner of the concert venue, said a fall opening is now out the window.
“Realistically we will not be open to the public, at the earliest, until April,” Maxwell said.
The business can’t relocate until the municipal board — which deals with land planning disputes — deals with the appeal.
The City of Waterloo plans to challenge the appeal and approved about $20,000 for legal costs to do so at a Monday meeting.
“We’re supporting our original position,” Coun. Scott Witmer said.
In the appeal filed with the municipal board, the challengers say the city’s bylaw requiring five parking spaces per 100 square metres of floor area is insufficient.
“Notwithstanding that (Maxwell’s) proposes to use additional parking at the property, the appellant remains concerned that this surplus parking will be inadequate for events where parking demands exceed what can be provided at the property,” the appeal reads.
Maxwell said detailed parking studies were done and a thorough site plan proposing 237 parking spaces — well above the city’s bylaw requirement.
He said meetings were held with Lexington Park representatives and no compromise could be reached on the parking concerns.
The appellant also raises concerns about apparent contamination on the property. The Region of Waterloo noted the property as a known contaminated site but waived a requirement for a record of site condition as part of Maxwell’s rezoning application, according to a city report.
Stocco and his representative, Adam Zasada of Robson Carpenter LLP, could not be reached.
No date has been set for the municipal board hearings.