Damn.
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[29] The Pearl building is 36 storeys high plus a mechanical penthouse and the offending building, the Citizen on Jasper, is 33 storeys high plus a mechanical penthouse.
[31] This is a case of light intensity, light trespass and constantly changing light colours. Following a meeting and discussions between the parties some steps were taken. The number of colour changes has been reduced but the building owner has reserved the right to do seasonal light displays. Dynamic light displays have been stopped for the time being. The review of photographs taken after these steps demonstrate that even at half power, the Appellant’s suite is still lit up by the light array. At this height, there is no impact from street lights or lighting at the bottom portion of the Citizen building which are at street level and directed downwards. All of the lighting is emanating and created by the light array on top of the Citizen building. It is entering and trespassing into the Appellant’s suite even at half power.
[32] Even if this Board is satisfied that half power and no changing colours is a solution you have to find in favour of the appeal because these restrictions are not included as part of the Development Permit approval. Therefore, some sort of Order would be required.
[33] A photograph illustrated reflective light in the windows from the light array. The reflective light is softer than the direct light. A photo taken with blinds designed to cut out ambient light drawn, illustrates that even at half power the light is not eliminated. Drawing the blinds or leaving lights on to counteract the impact is not the answer.
[34] Photographs taken on November 27, 2023, from the other side of the river near the U of A, over 1.2 kilometres away and from his office in the Stantec Tower illustrate the brightness of the light array on top of the Citizen building. This confirms that the lighting is very intense. Even though the fins for this lighting may have been well intended it has had some serious ramifications.
[35] The letter from the Architect explains that the light array was designed to prevent light from the array escaping upwards or downwards past horizontal in the interest of reducing sky glow. The design has the light focussed and lensed to project outward from the building with almost all of the energy from the light source directed at the horizontal. For a stand alone application it was probably not a bad plan because it would be higher than almost any other building in the area. However, the flaw in this plan is that the Citizen building is 33 storeys tall and the Pearl building is 36 storeys tall and only 40 to 50 metres away. Therefore, the light is focussed, lensed and projected directly into the most desirable units in the Pearl building. It is intense and even at half power, blinds that otherwise shut out ambient light do not shut out the light from this display. Even drawing blinds that are designed to shut out ambient light do not shut out the light generated by this display.
