The appeal of a Municipal Planning Commission to turn down a smokehouse application has been denied by the Subdivision Development Appeal Board. The SDAB issued its written decision on the matter April 29.
In its decision, the SDAB said it believed the appeal should be denied because smoke and odours from the operation of the smoker — located in a residential garage at 20 Lake Ridge — would interfere with neighbouring property owners' rights to enjoyment of their own properties.
The SDAB accepted the submissions of opponents who stated the smoker was already being used to the detriment of the neighbourhood on a hobby basis and believed “this problem will intensify when the smoker is operating up to 105 hours a week and seven days a week.”
“Given the increase in the amount of time which the smoker could be operating on a weekly and daily basis … the SDAB finds that the amount of smoke and odour which would be generated from the business would be an unreasonable annoyance or inconvenience to the adjacent and area landowners. In this situation, the SDAB is not satisfied that the proposed … business use can exist harmoniously with the residential uses in the R-1 neighbourhood,” the decision stated.
Originally, the applicant, Brent Kolb, had appealed the MPC's decision to the SDAB, which conducted a hearing on April 19 on whether to allow a meat smoking business in Kolb's residential garage. Kolb had originally asked the MPC for a development permit to allow the business in his garage.
Kolb said that while he was disappointed with the SDAB decision, he accepted it.
“There's nowhere else to go. That's it, that's the end of the line,” he said.
"There's no where else to go. That's it, that's the end of the line."Brent Kolbsmokehouse appellant