CANMORE - A man whose Canmore home was determined to be an illegal tourist home has applied to the Court of Appeal of Alberta to appeal the local decision.
CANMORE - A man whose Canmore home was determined to be an illegal tourist home has applied to the Court of Appeal of Alberta to appeal the local decision.
Hans Herchen has applied to the court for permission to appeal the decision of the Subdivision and Development Appeal Board in February to uphold a stop work order issued by the municipality to the alleged illegal tourist home.
A hearing is set for Aug. 14 for him to make the argument to court of why he should be allowed to appeal the decision.
Herchen owned one of two homes subject to an appeal hearing and did not appear in front of the quasi-judicial municipal planning appeal board for the hearing about his property 133 Wapiti Close.
His neighbours, on the other hand, did show up for the hearing and made submissions to the appeal board that the home was being run as an illegal nightly rental contrary to the Land Use Bylaw.
A member of the condo board for Golden Eagle Estates, Percy Strong, told the board the six-bedroom, five-bathroom gated luxury log home in Eagle Terrace has been a major problem in the neighbourhood.
"It has been a very bad example of a neighbour in the area in the sense that it has increased traffic and there have been a number of incidents ... where the RCMP have been called to that address to shut down parties that were very noisy," he said.
"One of the problems with allowing a place like 133 to be a tourist home is that it sets a very poor precedent for our own complex in the sense that three-quarters are only weekenders and they could easily put their places up (for short term rental) and indeed one or two units have."
Listed at $1,301 a night online with multiple reviews from those who have rented the 9,000 square foot home, Kyle Sloan, enforcement officer for the municipality, said there was sufficient evidence the property was being used as an illegal tourist home.
In addition to the stop work order, Herchen was handed a $2,500 ticket as well. A second offence under the bylaw could increase the fine to $5,000.
In court documents filed by Herchen, he claims the SDAB erred in law or jurisdiction when it determined the homeowner contravened the Land Use Bylaw without conducting a proper inspection or investigation; that it exceeded its jurisdiction to determine the stop order satisfied the legal burden of determining the property was an illegal tourist home and failed to comply with the rules of natural justice by not providing notice that evidence would be presented at the hearing that would be adverse in interest to the applicant.
The appeal hearing was publicly advertised and notice given to affected neighbours to the subject property.
When SDAB chair Ron Casey opened the floor for public comment, neighbours spoke up regarding how the use of the property affects them and their ability to enjoy their residential dwelling units.
But because Herchen was not present to defend himself, he claims the right to appeal the decision in front of the court of appeal.
First, Herchen will have to satisfy the court that he has sufficient legal grounds upon which to appeal, to be determined after submissions at the August hearing.
