A local business is voicing concern that built commercial space in the industrial compound cannot be transferred to other commercial areas in Banff as part of proposed new legislation.
Bylaw 346, which would allow property owners to sell or transfer existing built space, stipulates gross floor area within the commercial services (CS) land use district, also known as the industrial compound, may only be transferred to properties in the same district.
“I would like to make a request to change that section of the bylaw to allow people to move property from the compound into the commercial downtown area,” said Larry Whan, owner of Banff Sign Company in the industrial compound.
Under the proposed bylaw, existing commercial gross floor area space could be demolished and built elsewhere.
In addition, commercial space taken over for non-commercial purposes, like residential housing, or an institutional use like a courthouse, could be transferred elsewhere.
Whan was granted a development permit last year by Banff’s Municipal Planning Commission to renovate 70 square metres of commercial space of his Jay Street property in the industrial compound to provide a one-bedroom residential unit.
Darren Enns, the Town of Banff’s senior planner, said section 9.5.4. of the proposed transferability bylaw is intended to ensure only ‘like-for-like’ transfers are permitted.
“The idea is that the transfer of commercial floor area will be from similar properties to similar properties,” he said. “Donating and receiving properties both have to be in the compound,” he said.
Enns said Whan’s situation is an interesting case.
“Mr. Whan owns property in the compound, which is two levels, and the top level is turned commercial to residential,” he said.
“This is a fantastic example right now of where we’ve lost commercial floor area, and where we as a community believe that we should try to reinstate that,” Enns added.
“The effect this bylaw has, in its current form, is that he would be allowed to transfer to any other CS compound property owners, but not to downtown or commercial accommodation districts.”
Council has postponed second and third reading of bylaw 346 to further consider submissions made at a public hearing April 13.
