Plan to capitalize on Sturgis prompts need for temporary use permit

While council may be supportive of commercial property owner Shane Yarmoloy’s request to the district to introduce temporary use permits, time and process is against him.

Yarmoloy, who owns adjacent properties at 302 (the former fish and chip restaurant) and 318 Finlayson Street, and 1300 Gill Road, had approached Sicamous council on May 11 to request a motion to approve temporary parking and a houseboat stage on the Gill Road lot, and parking at the 318 location. Yarmoloy’s hope, in part, is to take advantage of the coming Sturgis North motorcycle rally.

“Really, we’re just after a permit for the summer for the Sturgis thing and see how it works out,” Yarmoloy explained at the May 25 committee of the whole. Parking on the Gill Road lot would be administered through the fish and chip restaurant, which Yarmoloy says will be reopening. The property at 318 Finlayson, according to a written submission by Yarmoloy, would also be managed from the fish and chip restaurant, as well as an off-site location known as ‘AJ’s Marina.’

The challenge with these requests is that the district currently has no bylaw for temporary use permits, as sought after by Yarmoloy.

District community planner Steve Noakes explained the premise of a temporary use permit (TUP) to council. He said a TUP allows a property to be utilized for, typically, a business or commercial use that is currently not permitted its zoning.

A TUP is good for up to three years, and can be renewed only once for another three years. After that, the applicant may be directed to return the property to its original state, or be asked to pursue a rezoning. The details of a TUP, such as time limit, uses, etc., are determined by council at the time of application.

A TUP bylaw would determine where in the district, and in which zones, the permit might be applied for.

District administrator Alan Harris noted, as a caveat, that temporary in the case of TUPs seldom means temporary.

“We believe that if it becomes lucrative for Mr. Yarmaloy, that he’s going to come, down the road in six years when this is up, and he’s going to have no choice but to rezone,” said Harris.

Council was favourable to directing staff to draft a TUP bylaw, but recognized that it may not be complete in time for Yarmoloy’s intent.

 

“I believe, based on what Mr. Yarmoloy is saying, it’s something council should consider because, unless he’s planning to develop next year, which I don’t believe he is, then he would want to be able to provide that parking…,” said Harris. “It might be a miss for this year, but staff will go through the process and bring in a bylaw for it. I don’t think it will hit the time for Sturgis and all those motorcycles, but I think the mayor wants to see all those motorcycles down Main Street and not parked away.”