BANFF – Banff’s Development Appeal Board has upheld the municipality’s decision to revoke a bed and breakfast home permit and shut down the operation for running more commercial rooms than legally allowed.
On Thursday (May 20), the quasi-judicial board found Downtown B&B owners, Ashok and Prabha Pillai, were in contravention of their development permit, which allows only two specific previously-approved commercial rooms to be sold.
The board concluded there was a “significant amount of evidence” suggesting the family was essentially living in the lower level and renting up to five commercial rooms upstairs.
“I really want to thank everyone for presenting evidence today,” said Stavros Karlos, the DAB’s presiding officer. “We understand that these sorts of items are emotional and that it is very challenging for everybody.”
The Town of Banff no longer does proactive enforcement of B&B operations, but the investigation into the Downtown B&B on the 300 block of Squirrel Street was triggered by a complaint.
The DAB was presented with photos of advertisements displayed on online booking sites as well as pictures from a follow-up site inspection involving five members of the Town of Banff.
Town planners said there was no sign during the inspection of domestic use, such as personal products and clothes, in some rooms or bathrooms, but in some cases spare towels and extra linen were found.
In addition, they said the basement is not meant to be the primary domestic location for the family, but the inspection found clothing and personal items and a comfortable family living room set up.
“The lower level kitchen looked like your kitchen or my kitchen with food in the cupboards and dishes in the sink,” said Emma Sanborn, development planner for the Town of Banff,
The Pillais denied they had been operating more than two commercial rooms, adding that because they were new to the booking sites, the photos were not accurate.
Prabha said any additional rooms advertised on the online booking sites aim to give a general idea about the specifications of the rooms offered, but are not necessarily the ones being reserved.
“If you try to book three rooms, it won’t go,” she said. “If you book with us, no guarantee this is the room you’re going to get.”
As for residential use downstairs, the Pillais said they did use the space on occasion to avoid being with guests upstairs to protect their 10-month-old baby during COVID-19.
In addition, Prabha said they are a family of five, including the baby and parents, so they don’t need to use all of the rooms in the house.
“My parents are not good with health and can’t climb steps; that’s why (they’re) not using the upstairs room,” Prabha said.
Banff’s Municipal Planning Commission uses statutory declarations and restrictive covenants, which are registered on land title, to ensure B&B owners know the rules of their permits and that a permit may be pulled if contravened.
“Both of these documents were signed by the applicant,” Sanborn said.
The Town of Banff has a town-wide quota of 65 bed and breakfast homes plus a cap on the number of B&Bs permitted within each land use district where such businesses are allowed.
After revoking the permit, the DAB board noted the Pillais could reapply for a B&B licence in this location should development permit conditions be met in the future.
However, because this district had already reached its cap of seven B&Bs, the Town of Banff must now advertise this newly available B&B allocation as required under the land use bylaw.
Town planners say they will advertise the B&B allocation until June 17, adding that the Pillais have already submitted a new application.
“If more than one application is received within that 14 days of advertising, a lottery process is used to determine which application is processed first,” said Sanborn.
