While the subdivision of seven lots at the corner of Banff Avenue and Marmot Crescent dates back to 2011 and includes a hearing in front of the Alberta Court of Appeal, Banff’s Municipal Planning Commission made short work of the issue at its meeting last Wednesday (May 14).
The commission voted unanimously to approve subdivision application, which MPC board chair David Bayne pointed out it is completely separate from the application considered in the past.
“This has nothing to do with any application of development coming forward and it has nothing to do with access and egress,” Bayne said.
Bumper’s Inn owner Leland Brown owns the lots and the subdivision creates two new commercial leases. In the past, Husky Oil appealed decisions relating to the property’s subdivision, however, was found not to have standing to do so as a sub-lease holder.
In the commercial land dispute, Husky argued its sublease agreement with Bumper’s gave it the right to use the entire lane area and prior subdivision applications essentially expropriated land which it has historically controlled.
“Planning and development is of the opinion the surrendering of existing commercial leases and issuing of two new commercial leases will serve well to provide delineation of future land uses,” development planner Claire Wilkinson said. “Essentially, the application amalgamates the seven lots and a lane into two lots.”
Wilkinson added the existing uses on the site remain unchanged and it is important to remember subdivision does not approve land use or reinstate land uses and a separate application would be needed for that.
