Business gets permission to operate on John Street

Going against staff recommendation, members of the planning committee approved a temporary bylaw allowing a business to continue operating on John Street near Bell Park.

The decision means Alba and Luigi Zagordo can keep running their home construction business out of a detached garage on the property, at least for the next 2 ½ years.

The Zagordos received permission to operate in 2012 under a similar temporary use bylaw, but it lapsed in 2014 when they failed to build an opaque fence to separate the business from an adjoining property.

The two-story brick semi-detached home is located within the Ramsey Lake watershed protection zone, but is not considered to pose a risk to the lake.

However, staff and neighbours had concerns about parking – in particular, trucks with trailers parking on John Street, a narrow roadway off of Paris Street. There were also concerns over parking spaces and snow removal.

“The neighbours have documented parking issues in their letters of concern,” said senior planner Alex Singbush.

One neighbour, Jason Innis, said he's had to put up with added traffic outside his window for the last few years, with the noise beginning early in the day.

“Every morning at 7 a.m., trucks with their trailers are parking along John Street,” Innis said. “These are 20-foot trucks – you're talking a pickup truck with a trailer on the back of it.

“It's a residential area, not a staging area for a commercial operation … Maybe they look for another place to operate the business.”

While they may make promises to get the temporary bylaw now, Innis said they haven't followed the rules up until now, and wondered what would happen if they violated them again.

“The applicant has committed to forbidding his workers from parking on John Street,” said Ward 11 Coun. Lynne Reynolds

“They say that today, but who enforces that?” Innis responded. “Come June, July and August and it gets busy, who enforces it?”

City staff replied that bylaw infractions of this type carry a maximum fine of $25,000 and would be handled by the city's bylaw compliance department.

“It's not the preferred route,” said Eric Taylor, manager of development approvals. “We much prefer bringing the property into compliance.”

In her remarks, Alba Zagordo said it was ignorance of the details of the temporary bylaw passed in 2012 that led to the problems. For example, she said she was unaware they were supposed to build the fence, which has now been completed.

“I'll know better for next time.”

She said they are committed to having as little impact as possible on the area. For example, people working for the business no longer come there and instead text them, or Luigi goes to see them.

“We have stopped all of that,” she said. “And there is no delivery of materials or storage of equipment there.”

“Do you give us your word, that that delinquent behaviour will cease?” Landry-Altmann asked.

“Yes, it has ceased,” Luigi replied. “Approving this application would help us move forward and grow our business.”

The committee voted to approve the temporary bylaw for 30 months, and it will be reviewed again when it expires Nov. 30, 2018.