SUNDRE – Town council recently approved a request to amend the land use bylaw to accommodate the operations of two business tenants who are renting space out of the former Sundre Motors building.
Located in the highway commercial district just east of the Centre Street traffic lights on the north side of the Highway 27 corridor, the property with the civic address of 104 Main Avenue East that is owned by Ed Morgan is currently home to two businesses.
Both were operating beyond the parameters of permissible uses in the zone and thus sought exemptions to be in compliance with the municipality’s land use bylaw.
Benazir Thaha Valencia, manager of planning and economic development, told council on June 26 during the last regular meeting before the summer break that applicants whose business or project proposals do not meet all of the land use bylaw’s requirements have an “opportunity to remedy by applying for a variance or amending the land use bylaw.”
Valencia noted that variances typically refer to the alteration of a standard prescribed by the land use bylaw, such as lawn sizes, building setbacks and parking requirements. Some uses are by their nature prohibited for not being suitable in a certain district, such as mixing or placing too closely residential and industrial developments.
“Site specific exceptions are not typical and are considered case by case ensuring they will not be interfering with surrounding uses,” she said, adding that exceptions apply only to a specific parcel within a district and that they expire the moment they are no longer applicable.
The application was submitted by the owner on behalf of the tenants with a two-pronged request to accommodate the installation of two sea can storage containers at the one business on the building’s west side as well as to allow the other on the east side to manufacture recreation-style cabins.
As per the land use bylaw, sea can containers are only allowed in districts listed as discretionary use.
“Sea cans are prohibited in all other districts, including the highway commercial district,” she said, adding the tenant did seek offsite storage for the storage containers to avoid non-compliance, but was unsuccessful.
The sea cans will only be allowable as long as the business remains operational.
“Should the tenant vacate the premises for any reason, the sea cans will be required to be removed and the site specific exemption will no long be valid,” she said.
The other tenant had been advised the manufacturing of cabins is not permitted under highway commercial district and that such an operation would be more appropriate in an industrial area, but nevertheless continued with the use, she said.
That site specific exception would grant that tenant permission to proceed with their operation at the premise. However, should the tenant vacate the location for any reason, the exception will automatically expire and all products and materials will have to be removed from the site, council heard.
The exemptions do not preclude the tenants from being required to adhere to existing building and safety codes, she said, adding they’ll also still need all pertinent permits to operate.
Summarizing her presentation to council, Valencia said the amendment would also update the definition of custom manufacturing for improved clarity. She added administration strives to investigate different options to support businesses and that town staff are to that end dedicated to finding ways to work within provincial laws like the Municipal Government Act.
Additionally, council also heard that no responses were received from a dozen adjacent landowners who were notified regarding the requested amendment to allow the manufacturing of recreation-style cabins, and that about two dozen signed template letters of support were received in response to the other request.
Upon careful consideration of the applications, administration recommended council approve the requests.
“It is in our opinion that the site is large enough that the amendments will not unduly interfere with the surrounding properties,” Valencia concluded, opening the floor to council discussion.
“Are we setting a precedent if we approve this site specific exemption?” asked Coun. Jaime Marr.
“It would be case-by-case that we would assess the application,” answered Valencia. “So, I don’t think it would be setting a precedence.”
Mayor Richard Warnock sought to confirm that no timeline or expiry date is applied to the amendments, which remain in place so long as the businesses are still there.
“That is correct,” said Valencia.
Briefly addressing council, Kimberley Johnson of Crude Energy, an energy drink company, shared her plan to open the doors of communication with the Sundre High School to pitch the possibility of working with arts students to paint a mural on the sea cans.
“I’d like the high school students involved and we’d like to make it look nice,” said Johnson, who was accompanied by Cory Yeik.
They envision a mural theme that enshrines the community’s roots with rodeo, agriculture, and outdoor recreation, and hope to further flesh out details in the fall once classes resume.
After the public hearing concluded, council later proceeded to unanimously approve both of the site specific exemptions.
Coun. Owen Petersen said he was impressed by the speed with which administration brought forward the applications as well as the effort to work with the local businesses and get the ball rolling.
“There is a system to get this (kind of request) before council,” he said.
