BANFF – The owners of a property on Squirrel Street are appealing a municipal stop order that shut down their home for unapproved development after Alberta Health Services found they had jammed at least 42 beds or mattresses into the home for people to live.
The Aug. 22 stop order from the Town of Banff came on the heels of an Aug. 4 Alberta Health Services (AHS) enforcement order against the owners of 321 Squirrel Street – Janna-Joy Goff and Gail Morgan – for exceeding the 16-person occupancy limit for this property.
The municipal stop order directed the owners to “immediately and permanently cease and desist the occupancy of the unapproved dwellings” and to return the property to the approved as-built layout within 45 days of the stop order.
“This is the second stop order issued for this property with regard to unapproved development,” said Dave Michaels, the manager of planning and development for the Town of Banff.
“Previously, a stop order was issued in 2017 and rescinded in 2018 once they complied.”
The owners have filed an appeal with Banff's Development Appeal Board (DAB) on the grounds that no unapproved dwellings have been created or used.
The DAB hearing was set for Oct. 6, but the owners are requesting the appeal be postponed until Oct. 27.
In documents filed for the appeal hearing, the owners state the Town of Banff has stopped them from using three of their seven allowed bedrooms and from using the greenhouse, one washroom, a food preparation area, dining/living area and amenity area.
“We have not developed any unapproved dwellings nor used any of the building as such,” they state.
In the appeal papers, the owners state the area the Town of Banff says was unapproved has always been used for storage, a greenhouse and an incidental common area, and most recently, for tenants with their cat.
They say it is not used as a self-contained space, noting there are no bedrooms or a kitchen.
The owners indicate that a bathroom was added during the COVID-19 pandemic to accommodate recommended increased isolation for cooking and bathrooms.
“You found a locked door at its entrance when you inspected because the cat is confined to that area only,” they wrote.
“The sofa bed in that area belongs to the tenants but has never been used as a bed, their bedroom was on the upper floor.”
The Town of Banff land use bylaw indicates that development means a change in the intensity of use of land or a building or an act done in relation to land or a building that results in or is likely to result in the intensity of use of the land or building. The bylaw further outlines this cannot occur unless a development permit has been issued.
According to Town of Banff records, there are no valid development permits which would allow the property to contain additional dwellings or to allow for an increase to the gross floor area.
“On inspection of the property it was noted that additional gross floor area had been constructed and additional dwellings had been created,” states the Aug. 22 stop order.
Earlier in August, AHS issued an enforcement order against Goff and Morgan after it was determined there were at least 42 beds and/or mattresses on site, exceeding the maximum occupancy of 16 people for that residence.
Sparked by a complaint, AHS directed the owners to immediately comply with eight requirements, including not having more than 16 tenants in the home, repairing damage to the residence and cleaning all washrooms and kitchens.
According to Alberta Health Minimum Housing and Health Care standards, the maximum occupancy for this property is 16 people based on all occupants having unrestricted access to a food preparation area that includes a stove that is not shared by more than eight people.
The Town of Banff’s 2022 assessment roll indicates the home was assessed at about $1.7 million.
