OLDS — The Town of Olds' council has approved a development application from a resident for a second garage that’s larger than the municipality's normal parameters with an added condition that he not be allowed to use it for a home business.
Council made that decision during its March 24 meeting.
During discussion, it was said that if the applicant, Carter Daley, son of Coun. Dan Daley, wants to run a home-based business out of there, he would need to apply for a business licence.
Coun. Daley excused himself as soon as the application for the detached garage came up and was not present for the discussion.
The matter came before council because, at 5.41 metres, the proposed height would be 17 per cent higher than Town of Olds allows and at 111.5 square metres, the proposed entire area is one per cent larger than allowed.
When proposed variances are greater than 15 per cent, planning and development staff can’t approve them themselves. They have to come to council for that approval.
Development officer Nathan Hill said the applicant said he needs the extra height to accommodate his work truck and keep the roof pitch in line with the surrounding buildings. Hill said he needs the extra floor space for a personal work shop.
Plans show the three-car garage would be located in the back northwest portion of the property, accessed from a lane.
Coun. Heather Ryan called for the home business condition, saying she knows of at least one person in the past who has operated a business out of a garage without permission.
That problem wasn’t solved, she said, until complaints were made.
She indicated she was puzzled, because documents with the application show there’s already a garage at the front of the property, so in effect, with the second garage, the property could house five vehicles.
“And he's saying that that's not for business, that garage,” Ryan asked.
“The applicant has told me himself it's all going to be for personal use,” Hill said.
Hill offered to include a condition expressly saying the garage may not used for a home occupation, noting he’s done that in the past.
Ryan said she’d like such a condition included.
“I've seen this in the past happen that they may not have an interest right now, but there's an opportunity there, and I would be concerned about that,” she said.
Ryan wondered if this second garage would fit within the Town of Olds' rules for the amount of property that that can be taken up by buildings.
“I can confirm I measured the total area coverage and it does meet our standards,” Hill said.
Coun. James Cummings warned against being too intrusive.
“It's not our position to turn around and say, a guy that's got five vehicles can't have five garages on his property if it fits our rules and regulations policies that we've created,” Cummings said.
“If they're going to put a home business in there, they're going to have to make an application for that at a later date, and then we can determine if that's going to be an appropriate application of the property.
“I don't see us limiting the property. And then how does that person then go and have a legitimate business on their property, which is something we don't want to stifle,” he added.
“It just seems to be a little bit overreach on our part. As long as it fits the bylaws and policies we've created, I see no reason to go here.”
Ryan said she wasn’t calling for a “prohibition” of a home business in that facility.
“He can put a business in there if he applies for it,” she said, noting she runs a home-based business herself.
Ryan said if the extra condition isn’t included, the applicant could operate a business out of that garage “and we wouldn't know it for a couple years unless somebody complains.”
Coun. Darren Wilson said he was OK with including the extra condition.
“In this case, if it increases the specifics around what is and isn't allowable with the garage build construction, I don't have an issue,” he said.
“It just provides, perhaps as Coun. Ryan said, an extra layer of protection and confirmation for the applicant and protection for the residents.
“And as has been said, if he wants to apply for a home-based or a commercial business, then he could certainly go that route.
But at least he knows that that isn't allowable with this construction build.”
Deputy Mayor Harvey Walsh asked if the proposed extra condition would preclude Carter Daley from applying for a business licence later on.
“Any home occupation application applied for in the future, its conditions and approval would override any negating conditions in this permit,” Hill said.
