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Dogwood Drive rezoning denied after hearing
By Nowell Berg
A proposed City of Kimberley zoning amendment was unanimously rejected by council Oct. 24.
City of Kimberley council initially passed first reading of a re-zoning bylaw for 931 Dogwood Drive (pictured)Â Oct. 11 . This action triggered a public hearing that was held at the Oct. 24 meeting.
According to the city zoning bylaw for the land, “The current R-6 zoning of the property allows for bed & breakfast use.” Tourist accommodation is not permitted for this zoning classification.
In 2006, 16 Lethbridge, Alberta families purchased 931 Dogwood Drive with the intent of having a vacation property in Kimberley. Over the past 10 years, the ownership group has used the property “in excess of 400 nights.” The ownership group also rented the property “in excess of 1,000 nights.”
Rick Van Pelt and Ian Sanderson were present representing the ownership group. They are requesting the zoning be change to R-6A, which would allow tourist accommodation.
Van Pelt and Sanderson admit the house has previously been used for “tourist accommodation” based on their understanding of the B&B regulations. They also said the “unauthorized use” stopped in 2015 after complaints from nearby residents.
Van Pelt and Sanderson indicated the ownership group “could not be happier” with the home and its use. They acknowledge mistakes were made and have sought to redress neighbourhood concerns hoping this would be enough for council to pass the re-zoning bylaw.
Daryl Price made a statement during the public hearing opposing the re-zoning application. Price canvassed 48 homeowners in the area and they were “all” against the re-zoning. Price indicated the RCMP had been called “multiple times” to deal with rowdy parties and excessive noise. The City Bylaw Officer had been to the home to deal with infractions and the fire department attended the residence for a gas leak.
As for the claim by Sanderson that the home had not been rented out since 2015, Price reported that this past September long weekend (2016) three men tried to enter the Price home thinking it was 931, which they had rented for the weekend.
In wrapping up his comments, Price asked councilors to “reject the application and not accept future applications to re-zone the property.”
Janet Pearson spoke on behalf of the strata owners group from Willow Vistas, saying they are “opposed” to re-zoning the property. She cited the same concerns raised by Price.
Finally, Troy Pollock, Manager, Planning Services for the City of Kimberley reported he had received 11 written submissions from nearby residents and “all were opposed to the bylaw change.”
Council voted down the bylaw later in the meeting.
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