OLDS — The Olds Municipal Planning Commission (MPC) has voted to approve applications for temporary outdoor patios at two establishments in town.
One, for Tracks Pub, generated lots of discussion pro and con. Debate on the matter lasted more than 40 minutes.
The second application, submitted on behalf of Our Flames Restaurant, garnered almost no debate. Discussion on that request was over in about eight minutes.
Both applications came up during MPC’s May 19 meeting and both patios are allowed until Oct. 31.
About half a dozen people were in the gallery. They all left after the Tracks Pub application was dealt with. Normally there are only one or two people – and often none – in the gallery during MPC meetings.
After about 15 minutes of discussion, MPC commissioners voted to approve the Tracks Pub application, subject to conditions.
At that point, lawyer Alvin Ganser, who has an office nearby the pub, asked to speak.
Commissioners weren’t certain what to do about that request because the commission was not holding a public hearing on the matter. In the end, they decided to allow Ganser to address them.
That prompted Tracks Pub owner Scott van de Pypekamp and artist John VanderKooi, who lives in a house just east of the pub to also request to speak.
It was noted that several businesses, including Tracks Pub, were able to get fast-track approval for outdoor patios last spring, as a way to help them deal with business lost, due to COVID-19 restrictions.
“We’re just approving what was approved for the patio basically following what was last year, under the conditions that there were no complaints or anything,” MPC chair Mary Anne Overwater said.
“So we approved it with the information that we have for this particular application. It doesn’t go into what happened previously with this particular business.”
Ganser reiterated several points he made in a letter to the Town of Olds.
Ganser said more 14 years ago, the Subdivision Development Appeal Board (SDAB) issued a decision allowing the pub to operate under 15 conditions.
He said it appears most of those conditions have not been met and questioned whether a permit to operate had actually been granted to the pub.
“Questions arise as to whether (the) applicant is in possession of a valid permit, or permit, entitled to a to operate a drinking establishment, given that many of the conditions required to obtain a permit to operate such an establishment have not yet been met,” Ganser wrote.
Conditions listed in a 2008 SDAB decision regarding Tracks Pub in the MPC’s agenda package included the following:
“Noise arising from the operation of the development must be minimized so as not to adversely affect residents located either within the building or within the surrounding community.
“No music is to be played or broadcasted outside the building at any time.
“The identified parking areas on the plans cannot be converted to other uses.
“No patio tables or exterior seating shall be allowed on the Lands.”
“The question is if you don’t have a permit to operate a drinking establishment, what entitlement is there to come and ask for a patio extension if there’s no permit to operate the drinking establishment,” Ganser said.
Ganser said while he received notice of the application to construct a temporary patio this year, he didn’t receive notice when the patio was applied for last year.
“I sympathize with you, I sympathize with administration,” Overwater said. “Last year it was a different circumstance, we were trying to get businesses up and operating.
“I think we can all agree last year was an exception to everything in our lives.”
Van de Pypekamp said management “satisfied the development officer” and a fire official approved the premises.
He said their parking lot is “continuously used” by Ganser clients and workers several vehicles there while redoing the roof of Ganser’s building.
“We’ve always tried to be good neighbours,” van de Pypekamp said.
He said Ganser has never “spoken ill” once, about 12 years ago.
“If we don’t know there’s a problem it’s really hard to – help him,” van de Pypekamp said.
VanderKooi said his main concern is the noise generated by the pub.
“I don’t mind the pub being there. I respect that businesses do have to be in our town,” he said.
However, “for years we haven’t been able to sleep when there’s bands playing,” VanderKooi said.
“I’ve gone to the extent of putting a $2,000 window in my bedroom and I can still hear noise after 11 o’clock.”
VanderKooi said in about 30 years he’s complained to the RCMP “over a hundred times” about noise generated by the pub but he didn’t complain last year because he knows of no one who will “take responsibility” for such complaints.
Commissioner Wanda Blatz sympathized with all three speakers, but stressed the application is for a temporary patio.
“We’ve made the decision. We should stand by our decision and we should move forward and let Mr. van de Pypekamp get on with his business and his day-to-day operation.”
Overwater and development officer Kyle Sloan said now that the commission has approved the application, Ganser has three weeks to appeal it if he wishes to do so.
After the matter was dealt with, the commissioners voted to discuss the matter further behind closed doors.
Meanwhile, van de Pypekamp, Ganser and VanderKooi continued to debate the issue in the hallway outside council chambers.
In the case of the Our Flames application, Sloan said four land owners in the area were notified of the application and none registered any objection to the proposed development.
Administrative staff recommended approving the application and MPC commissioners voted to do so.
As the meeting wound up, commissioners made several more comments on the matter.
"I see there are several temporary patios opening around town and I think we need to remain consistent. If we’re going to grant one, we’re going to grant them all,” Blatz said.
“And going forward, I think it’s very important to economic development and the wellbeing of people who can be going to an outdoor patio and enjoying an outdoor meal and sun.
“Which is so short,” Peters said, sparking laughter as the rain beat down outside.
"Exactly. And that was my comment earlier. Our season isn’t very long and this year it’s really short,” Blatz said.
"Very good comments,” Overwater said. “I’m sure everybody will try and enjoy each of those patios somewhere along the line this summer."
