The Municipal Planning Commission (MPC) has turned down an application by an Olds resident to run a vehicle repair business out of their garage, citing concerns about possible noise, pollution, parking issues, and potential lane blockage.
Chris and Gelaine Andrusiak made the application to run the business out of a detached garage on their property at 103 Silverthorn Close.
Development officer Jane Archer told the commission the town circulated word of the proposal to five landowners in the area.
“No responses were received at all. So therefore, we are recommending approval,” she said. Archer also said the applicant is a registered mechanic.
Several commissioners registered concerns about the proposal.
Heather Ryan listed the greatest number of those worries.
She noted that a draft approval of the proposal conditions contained several conditions.
One said the work must “be carried out so that the privacy and enjoyment of neighbouring residents is not compromised” and it must “not create any noise, vibration, smoke, dust, fumes, odours, heat, glare, electrical or radio disturbances that are detected beyond the property boundary.”
“I don't think that's possible. It's an automobile shop and certainly noise is going to be happening. That's not a quiet business at all. It's going to create some kind of noise,” Ryan said.
“It's also going to create odours. It's going to create some environmental concerns with regards to fluids: brake fluids, oil fluid, all that other stuff,” she added.
Ryan also expressed concern about possible parking issues, should the application be approved.
“There is no parking on that site. It's in a cul-de-sac, which are always jammed up,” she said.
“I'm concerned about the space beside the garage being a dumping ground for vehicles that may be half built,” Ryan said. “This could create a lot of mess on the property itself.”
Commissioner Dave Harris also expressed concern about parking in the area.
“There's little or no off-street parking. It's pretty congested there,” he said. “It would have to be only one vehicle at a time without obstructing the lane.”
Archer said the plan is indeed to only work on one vehicle at a time. She also noted there's room for a vehicle to be parked alongside the garage.
Commissioner Wade Bearchell echoed concerns about noise and parking.
He found it surprising that neighbours hadn't registered any objections to the proposal.
“I'm surprised there are no letters from landowners. Maybe they're away on holidays,” he said.
MPC chair Don Dwyer said he too had some concerns about the application.
However, “I believe we have to take the application at face value,” he said. “I understand we do have obviously the right, if the conditions are breached, to revoke the use.
“The applicant refers to one vehicle at a time, but frequently, there's one waiting while the first one is repaired.
“So that does concern me. I would find it difficult that an applicant would turn business away if someone wants to leave cars. So I see the risk of becoming a parking problem,” Dwyer added.
However, he said he could go along with it if the town could “have the ability to go in and take action” if the applicant was found to be working on several vehicles on the property.
Archer noted one of the conditions in the draft permit allowed the town to revoke permission for that use of the property if the applicant violated any provisions of the bylaw or development permit.
Chief operating officer Scott Chant added that the town's bylaw enforcement department could take action if the property was found to be “unsightly” or have too many vehicles parked there.
However, in the end the commission voted 3-2 to deny the application.
Dwyer said the commission needs to be careful with how the denial is worded because he could see the matter going to the Subdivision and Development Appeal Board.
“We have to be fairly succinct and fairly clear on the reasons,” he said.
During a later interview with the Albertan, Dwyer said the worries about parking and noise were valid, but he wasn't so sure about concerns about the environmental impact of the proposed work.
“I don't think anybody's generally dumping oil down a drain,” Dwyer said. “Oil is usually recycled in a proper and professional manner and those are the things that applicants generally indicate that they're doing.
“I feel that the application has to be taken at face value and that the applicant is honest and responsible and does as he has indicated he will,” he added.
“I think to take the negative approach and assume that people will not do as they say they will is not a fair way to evaluate a permit.”
"It's an automobile shop and certainly noise is going to be happening. That's not a quiet business at all. It's going to create some kind of noise."HEATHER RYAN MPC COMMISSIONER
