CBS council delays verdict on two non-compliant properties

By Craig Westcott

A Foxtrap business operator who went afoul of the Town’s development regulations got a last-minute reprieve earlier this month.

Council was about to vote on a motion to refuse a home business occupancy permit to the owner of Butler’s Pegs at 20 Cables Road, when Deputy Mayor Andrea Gosse interjected to ask for a delay.

“The resident has more information to provide to council,” said Gosse. “So, I’m asking for a deferral so that we can review that.”

Gosse’s request was approved unanimously.

According to the briefing notes provided to council, Town staff recommended that council reject the home business occupancy. That’s because not only did Butler’s Pegs, a manufacturer of survey pegs, build an accessory building without getting a permit, but that the garage it built – the second accessory building on the property – was bigger than development regulations allow.

In addition to that, the operator of the business is not a resident of the property, which is also contrary to the rules regarding home businesses in CBS.

The company earned a third strike in the view of staff for going ahead and operating the business without a permit and only applying for a permit after the fact.

“The property owner does not appear interested in bringing the accessory building into compliance,” noted a memo to council, from staff, and further, “the home occupation continues to operate from the property.”
Staff pointed out the period for the owner of the property to appeal the Town’s refusal of a permit had expired. 

Council will revisit the matter after property owner provides more information.

The reprieve was the first of two such stays of execution by council at its public council meeting December 2.
The second involved a permit to build a mudroom onto the front of a home at 25 Access Place, which is a short lane located near the Manuels Access Road intersection.

Council was about to vote on a motion to reject the permit, because the house already does not meet the minimum 10 metre building line setback and an extension would decrease the setback even further, when Ward 1 councillor Shelley Moores asked for a delay.

“I request that this get deferred because we’d like to have more discussion about this particular item,” Moores said.

“We’re looking for some information from our engineering department,” added councillor-at-large Joshua Barrett, “which is why we’re deferring it. It’s not that we don’t want to discuss it this evening.”

According to a briefing note prepared for council, 25 Access Place is the last house on the private lane and that a turnaround near the property does not meet modern standards.

“There is insufficient land available within the Access Place presumed street right of way to construct a turn around that would meet current standards,” staff advised. “Further decreasing the building line setback of the existing house at 25 Access Place would increase risk of property damage from snow clearing operations and may reduce potential land available for future upgrades to the street.”