Construction at the Takhini Hot Springs could begin as early as October after the Yukon government approved the rezoning of the site late last month.

It comes after more than a year of delay, says Garry Umbrich, the president of the development corporation behind the project.

The rezoning approval also comes after neighbours in the area took the government to court for not adequately consulting them before signing onto a development agreement.

That agreement was with Takhini Hot Springs Ltd., which told the Star earlier this month the approval was a long time coming.

“We felt our application was very straight-forward,” Umbrich said.

He had initially hoped the government would have approved the application by around October of 2017.

He did acknowledge that it may not be uncommon for some rezoning applications to take about a year.

That was partially in line with an emailed response he received from Premier Sandy Silver, who said it can take up to a year and a half to review zoning amendments like these.

Umbrich wrote the letter in April, and received approval on June 27 – the same day he issued a statement, published in the Star, expressing frustration over the delay.

“Because of the inaction of cabinet, now we are sitting here, only able to build two homes instead of nine homes,” the statement read in part.

Just over two weeks after getting approval, Umbrich said that number had changed.

“We actually backed off to eight in this area,” he told the Star, noting that’s perhaps a reflection of trying to be a better fit for the area, which includes some rural wilderness.

“What we’re trying to do is look at the neighbourhood, look at the density of the neighbouring lots and trying to match our development so we’re very compatible to area residences,” he said, adding that there will still be 20 condo residences.

The approval to build the condos will help pay for the construction costs of the pool, the plans for which had to be put on hold for the court case.

As a development company, Umbrich said he depends partly on the sale of homes.

“My budget this year is very small for construction because I was waiting for cabinet approval,” he said.

“These homes are one of our sources of finances,” he continued, adding “they’re not all the financing but they’re a big chunk of it.”

He laid this out in his release too, noting that his is a “business that relies primarily on property development to raise construction funds.”

The government and residents developed a plan during the early 2000s to allow for a co-housing arrangement.

A provision would have allowed owners to build more than two homes on one lot, but the judge ordered it had to fulfill three requirements first: consultation, rezoning approval and site plan approval.

Consultation was held last summer, the territorial government approved rezoning last month and now it’s in the stages of getting the site plan approved.

For its part, the government hopes to get the ball rolling in the coming weeks.

That’s according to Jerome McIntyre, the director of land planning with the Department of Energy, Mines and Resources.

While he admitted that internal delays and appeals within the process are common, it is not often that cases make it to an outside judicial process.

“Any form of development can create controversy, which can lead to delays,” McIntyre said, noting that over his about 30-year career, he’s been involved in “less than 10” court cases.

While he acknowledged that it did take a while, he said the government’s role is purely regulatory.

“When we deal with zoning amendments, it’s in a very neutral manner – our function isn’t to advocate,” he added.

“What you’re really talking about is 60 days minimum from the time that notification goes out,” McIntyre said.

The government hopes to send out a public notice about consultation on the site plan by the end of July at the latest, he added.

That would leave 30 days to issue a decision on the site plan, as well as a 30-day grace period for any appeals.

Additional timing would be required for the board to host a hearing should an appeal be filed – something that Umbrich said he hopes is not needed.

“I don’t think in the beginning, neighbours understood that building a new pool facility was contingent on building homes,” he said.

Now, he added, some sympathize that the company needs it to raise revenue.

“I don’t think people want to block the development – that’s why we’re very cautiously optimistic right now.”

He continued that he was happy with the judge’s decision, noting that it not only cemented the company’s ability to build there, but it was a win for the neighbours as well – who he is optimistic about.

“That was very reassuring,” he said of the three requirements needed for the project to move forward as laid out by the judge.

“It’s good for the neighbours because they can get their public meeting also,” he said.

He was asked if lengthy delays may have been discouraging enough to deter the company to pursue the project altogether. Umbrich thought for a moment before sighing: “It’s very frustrating, but no – we’re determined to build the facility.

“We’re just trying to do it in a good timeline,” he added, noting that the wait is worth it especially because “it is going to be a world-class facility.”

Once the company gets development permits, the site is expected to host the eight detached homes plus multiple pools, vacation cabins and a lodge for tourists.

Umbrich said he hopes to begin major construction on the pool next year so it can open for 2020.

“We just barely get in before winter freeze-up to get footings in,” he said, adding that the company hopes to get in there for around October.

“It’s a tight timeline, but it’s doable.”

The eight homes are expected to be built by next spring.