BANFF - Two bed and breakfast homeowners who lost their permits for operating illegal rooms are appealing - one accusing the Town of Banff of being punitive and the other alleging B&B rules are inconsistent.
BANFF - Two bed and breakfast homeowners who lost their permits for operating illegal rooms are appealing - one accusing the Town of Banff of being punitive and the other alleging B&B rules are inconsistent.
The Town's development officer decided against waiving a six-month waiting period before the B&B owners could reapply for a development permit - and that's the basis of both appeals.
In March, the Municipal Planning Commission turned down development permit renewals for the Riverside B&B, Thea's House and one other for operating with more than two rooms and not meeting requirements dictating owners live in the B&B homes.
Kerry-Lee Schultheis, owner of Riverside B&B at 220 Bow Avenue, argues the development officer initially waived the six-month waiting period and noted planning decisions must be consistent.
"The Town of Banff's decisions with respect to bed and breakfast applications are inconsistent," according to her appeal documents. "Allegations of prior misconduct are legally irrelevant."
The Christou family owns Thea's House at 138 Otter Street and hires Beaujolais Hospitality Services, owned by Albert and Esther Moser, to help host and cater for the B&B.
Peter Christou's appeal documents state the development officer's decision not to waive the six-month waiting period is "punitive." Bookings have exploded and the summer is already 90 per cent booked.
Schultheis did not appeal the original MPC decision, but the Christou family did. In April, the Development Appeal Board (DAB) upheld MPC's decision on the Christou's B&B.
The Christous had argued they were confused about the number of rooms because their business licence indicated 'four rooms or less.' The business licence, however, refers to the category for charging appropriate fees.
The lawyer for the Christou and Moser families requested Thea's House be allowed to continue operating at least until the end of the busy tourist season. Failing that, they wanted the six-month waiting period to be waived.
The land use bylaw states when an application for a development permit is refused, another application for the same or similar use can't be resubmitted for six months. However, the bylaw gives the development officer discretion to waive that.
The Town's planning and development apartment can't comment on the appeals as they are before the DAB, which has hearings set for June 7.
