MINUTES OF A SUBDIVISION AND DEVELOPMENT APPEAL BOARD OF CAMROSE COUNTY HELD ON THURSDAY, AUGUST 18, 2016 IN THE COUNTY COMPLEX LOCATED AT 3755-43 AVE, CAMROSE COMMENCING AT 9:00 AM. Present: S. Moch, Appeal Board Member T. Thomsen, Appeal Board Member J. Girvan, Appeal Board Member (Chairman) K. Tennant, Appeal Board Member M. Schowalter, Appeal Board Member Paul King, County Administrator, Acting Secretary, Subdivision and Development Appeal Board Jody Yuha, Executive Assistant Anjah Howard, Manager of Planning & Development Kim MacMurray, Development Officer Teresa Gratrix, Manager of Corporate Services Guy Turnbull Martin West Kevin Lindberg Norman Demeule Howard Gertsma CALL TO ORDER Chairman J. Girvan called the Hearing to Order at 9:00 am. ORDER OF PRESENTATION J. Girvan advised those present on the procedures of how the Subdivision and Development Appeal Board Hearing will be facilitated and the order of presentation. CONFIRMATION OF BOARD MEMBERS Self Introductions of the Subdivision and Development Appeal Board members took place. Chairman Girvan asked all parties if there were any objections to any member of the Board hearing the appeal. No objections were received. PLANNING AND DEVELOPMENT - APPLICATION OVERVIEW 16-088 Home Business - Mini Golf, Corn Maze, Petting Zoo and Driving Range A. Howard reviewed the application from the landowner of Lot 1, Plan 012-5346 (N 1/2 NW 27-46-18-W4) to develop and operate a Business - Mini Golf, Bouncy Castle with slide, Concession, Corn Maze, Petting Zoo, Driving Range.
A. Howard reported that initial discussion included a Driving Range but the applicant indicated a driving range may be added in the future so the Municipal Planning Commission did not consider the Driving Range as part of the application for development. A. Howard reviewed County Policy and Bylaws pertaining to Home Office and Home Business. T. Thomsen asked, that because the ratepayer does live on the property does it meet the requirement now? A. Howard indicated that decision will be up to this Board based on the concerns as outlined from the adjacent landowners. J. Girvan asked what the land rating is on this property. A. Howard indicated part of the land is rated 47% and some is 42%, but that the land rating is not something that is considered for a home based business application. WRITTEN APPEAL Written Appeal P. King read the Written Appeal submitted from Martin West of Farnham West Stolee Kambeitz LLP for Bowrayne Holdings Inc. WRITTEN AND VERBAL SUBMISSIONS - ADJACENT LANDOWNERS / INTERESTED PARTIES Written Submissions P. King read written submissions from the following people: Wanda Kirk Howard Gertsma, Jamie McKinnon, David Lynch Norman Demeule & Loretta Demeule Kevin Lindberg N. Demeule spoke to the following: the construction started back in 2015 the business was operating without a permit until the adjacent landowners brought it to the attention of the County the site is still operating despite there was a stop work order issued, there were 4 vehicles there yesterday, the mini golf was operating corn maze location is unknown driving range is unknown has a concern with traffic resale value of his property has decreased, based on noise, dust and site activities, his property borders 2 sides of the development Page 2 of 7
Bowrayne Holdings Inc is not a person - it is a company County has a brochure that indicates there will be a bus tour that stops there on August 27 as part of Prairie Fun Days The County is promoting the location as part of Prairie Fun Days at a location that is operating without a permit M. Schowalter asked if there is a fence in place between his property and Jo Jo's? N. Demeule indicated there is, it is his fence, but he indicated he didn't have a concern about fencing. J. Girvan asked to see the Prairie Fun Days Brochure. J. Girvan indicated Prairie Fun Days is not a County event, it is organized by Tourism Camrose. The County only provides support of the event. M. Schowalter asked Mr. Demeule how long he lived there? N. Demeule indicated they have lived there since 2010. T. Thomsen asked how many acres he has. N. Demeule indicated he has 11.05 acres. The property in question wraps around theirs, they are very much affected by the development. K. Lindberg spoke to the following: highlighted some points in his July 19 letter to the Municipal Planning Commission Jo Jo's was previously located at SE 15-47-19-W4. The proximity to neighbours at that location was greater than what it is at the new location. His house is 235m from the Mini Golf He has lost the enjoyment of his yard the compressor has not stopped since the Stop Work Order was issued The LUB 6.1.6.3 & 6.1.6.7 is not being complied with - enjoyment of properties - his has gone out the window He doesn't really have an objection to it except that it runs 24/7, 4 months of the year he has been there 14 years and have never had any previous issues tried to talk to Mr. Turnbull about a fence and Mr. Turnbull sees no need for a fence spoke to the definitions of Home Office & Home Occupation as viewed on County website In his opinion with all the building it has changed the character of the property - certainly has changed his Page 3 of 7
Spoke to the statement by the Lawyer that the landowner didn't think he needed a permit, he has many businesses', not a valid excuse Because everything is in place, will it be grandfathered in? Page 4 of 7 M. Schowalter asked if Mr. Lindberg is actively farming? K. Lindberg indicated he rents it out. T. Thomsen asked what size of fence would he like? K. Lindberg indicated he would be open to discuss. APPLICANT(S) SUBMISSION M. West spoke to the following: His client lives on the property, he farms it The crutch of the issue seems to be noise & traffic Client is sorry that he didn't get a permit prior to operation but the previous owner indicated he didn't need one Clarify it is not a compressor, it is a fan The fan does not need to run 24 hours/day, could be turned off when the business closes for the day Noise - Mini Golf - approximately 20 people/day His client is an Entrepreneur, he buys and sells businesses but also thought his grandchildren would enjoy it He fails to see the difference in the locations There is a garbage disposal business 1/2 mile away It is a haul road for the County Client has offered to put Calcium Chloride down The development supports County tourism Proposed 8 hour timeframe that the business is open and then the fan can be shut off This development promotes tourism and recreation Client has no problem putting a fence up - but the location may be an issue as there are a row of trees in the way There are approximately 5-6 cars/day The odd tour bus - arrangements were made with Camrose Tourism for the Prairie Fun Days Client knows now he would need a Development Permit for any future development Client has $10 million liability insurance Client has no problem putting up signs about trespassing The development started last year but was not open until 2016 The trees are not Mr. Lindberg's Had property surveyed but trees are right on the property line
ADJACENT LANDOWNERS / INTERESTED PARTIES / APPLICANTS QUESTIONS Page 5 of 7 No further questions were asked from the audience. BOARD MEMBER QUESTIONS M. Schowalter asked when his Client purchased the property? G. Turnbull indicated he purchased the property in 2015, had no plans at the time to develop the business. T. Thomsen asked who's property are the trees on? G. Turnbull indicated they are on his property. K. Lindberg indicated he has no objection to the trees. A. Howard, K, MacMurray, T. Gratrix, G. Turnbull, M. West, K. Lindberg, N. Demeule, H. Gertsma left the meeting at 10:20 am. The hearing recessed at 10:20 am - 10:30 am. #5/16 T. THOMSEN - That the Subdivision and Development Appeal Board overturn the decision of the Municipal Planning Commission and approve a Development Permit to operate a corn maze, bouncy castle with slide, concession, petting zoo, mini-golf and play area on Lot 1, Plan 0125346 (N 1/2 NW 27-46-18-W4) subject to the 19 conditions listed, and further, the Subdivision and Development Appeal Board uphold the decision of the Municipal Planning Commission to issue a Stop Order until such time as conditions 1, 2, 3, 4, 5, 8, 11, 12, 13, 16, 17, 19 are met: 1. It is the Developer s responsibility to locate all underground utilities and rights-of-way prior to construction or excavation. Contact ALBERTA ONE-CALL at www.alberta1call.com or 1-800- 242-3447. 2. It is the Developer s responsibility to obtain and comply with required safety code permits (Building, Electrical, Gas, Plumbing, Private Sewage, etc.). Safety codes permits must be obtained from the City of Camrose. Contact them at (780)672.4428 or permits@camrose.ca. 3. The Developer is responsible to ensure site suitability prior to construction and to ensure that drainage patterns are not adversely affected due to lot development. 4. It is the Developer s responsibility to ensure that the minimum property line setback distances are met according to the zoning requirements from County Land Use Bylaw 1373. If the Developer is unaware of where the property lines are, then a legal land
surveyor should be hired to mark them and ensure accurate placement of the structure. 5. Any public use washrooms must be inspected and approved by Public Health and must have a permit from and comply with Alberta Private Sewage regulations. Contact Private Sewage Inspector for permit. Copies of approvals must be given to Camrose County for our files. 6. This permit allows for 3 staff onsite including the owners of the property. 7. Parking shall be contained on the property and all site lines, dust control and access must be approved by Camrose County Public Works 780.672.4449. No parking is allowed on the roadway or within 10m of property line. 8. The development must be inspected and approved by Alberta Health Services any permits or conditions they require must be complied with or this development permit is not valid. 9. This permit allows for the operation of a corn maze, bouncy castle and slide, play area, petting zoo and mini-golf with a food concession (in the existing structure) any growth or expansion of the business will require approval from Camrose County and will need a new development permit. 10. No overnight camping allowed. 11. Trash receptacles must be made available onsite and disposal done at the Camrose County Landfill. 12. All sewage must be handled according to the Alberta Private Sewage Disposal Regulations and in accordance with Alberta Environment. 13. The developer must ensure that the site is fully self contained so it does not impact the neighbours. This includes blowing garbage, golf balls, pets, and anything else that could cross the property line. 14. All on-site visits must occur between 11am and 9pm; the facility will only be open from June 1 to October 31 yearly. 15. The use of snowmobiles, ATVs and other OHVs, other than by staff, is strictly prohibited. 16. All signage for the development must be to the satisfaction of the Development Authority. 17. The Developer must construct a barrier fence, which can be located on the north side of the tree line, to prevent users and petting zoo animals from entering adjacent property. 18. The fan used to inflate the bouncy castle must be shut off at the close of business hours each day and will not be turned on until the opening of business each day. 19. The Developer will provide annually, a 100 metre strip of Calcium Chloride, or another County approved method of dust suppressant, to all the residents on RR183 from south of Hwy 26 to the south boundary of Lot 2, Plan 012-5346. CARRIED. Page 6 of 7
CLOSE OF HEARING Page 7 of 7 The hearing adjourned at 10:55 am.