Applicant to appeal campgroud application that was never heard

By Rob Vogt Local Press Writer
The applicant for a micro-brewery and recreational vehicle campground west of Claresholm has chosen to appeal his application, although it was never heard by the Municipal Planning Commission of the Municipal District of Willow Creek.
At its March 9 meeting, the commission was advised by Cindy Chisholm, the M.D.’s manager of planning and development, that the application by Adham Jaber at a portion of NE-23-12-28-4, was withdrawn from the meeting and being appealed to the Subdivision and Development Appeal Board.
Coun. Earl Hemmaway asked if he could do that.
Diane Horvath, the M.D.’s planner from the Oldman River Regional Services Commission, explained the situation.
Once an application is filed, the development authority has 20 days to respond to the application in writing, which would have ben Jan. 11. If there is no response, they have 40 days which was Feb. 20.
If no response is received, the application can be deemed as refused.
From that date, the applicant has 21 days to appeal, with the appeal to be held within 30 days.
Stuart Derochie and Andy Hart, adjacent landowners to the development, were in attendance.
“All us affected landowners are shocked,” Derochie said, adding he flew home on short notice specifically to speak to this application and present his case.
He noted nine days before that, he submitted some questions to the M.D. that were forwarded to the applicant.
“We had no response back from him,” Derochie said. “Who’s holding up the show? He is.
“I don’t understand this process.”
He asked how can this be done?
“Our lives have been turned upside down over the last year over this,” Derochie said.
Coun. Ian Sundquist asked if the landowners would not have the opportunity to speak at the appeal hearing.
Horvath said the appeal board will hear the application.
Sundquist pointed out the decision of the appeal board is the end of the lin.
Horvath agreed, noting in this case the first step was being missed. That is why she advises people to go through the planning commission because they get two chances. The first would be the planning commission then, there is an opportunity to appeal.
Now, the only place the applicant can appeal the appeal board’s decision is to the province and only on an issue of law or jurisdiction.
Derochie asked if the applicant had to answer questions.
Coun. Evan Berger said he will at the appeal board.
Derochie said he would not be worn down but it puts his life on hold, and again questioned if the applicant could do this.
Coun. Glen Alm said everyone has the opportunity to present questions, just the same as they would have at the planning commission that day.
Hart said from his standpoint it feels like due process was circumvented.
“We’re feeling a bit cheated here,” he said.
Hart also asked if the appeal board is local.
Horvath said three members are from the M.D. and two are councillors from municipalities within the M.D.’s boundaries. In the absence of one of these members, there is a pool of 55 members to be drawn from, starting with municipalities closest to the M.D.
Alm added all members are trained in the land-use bylaw and process.
Hart asked if they are required to look at the same documents as the planning commission.
Horvath said they cannot create or waive policy of council.
Hart asked what is the criteria to appeal a planning commission decision.
Horvath said it could be a particular condition of approval or, if refused, they can ask the appeal board to look at the whole application again.
“Basically, he’s rolling the dice,” Berger said. “It’s his choice.”
Hemmaway said this shows there should be a development application before a land-use change, as the land was already re-zoned before any application was submitted.
“To me, this is wrong,” Hemmaway said, adding was there any compensation for someone like Derochie who came a long way to get there and won’t be there the next time?
Sundquist said it was an unfortunate situation.
“I’m not asking the M.D. for money. I’m asking for a process,” Derochie said. “We’re ready today.”
“I ask it gets looked into very closely,” he later added.
Sundquist asked if this was a new process.
Horvath responded in 2018 the Municipal Government Act was amended. It was meant to ensure applications move forward, because otherwise some municipalities could let applications sit on their desks forever.
“In my time on council, I’ve never seen anything like this,” Sundquist said. He was elected in 1992.
Alm asked if landowners have an objection could they appeal the appeal board’s decision?
Horvath said they too would have to go to court.
Derrick Krizsan, the M.D.’s chief administrative officer, said the reason processing the application took so long was because the M.D. was waiting for more information.
Now, all of that will be part of the package the M.D. submits to the appeal