MAPLETON – A contractor in Mapleton is facing the consequences of running his contracting business from his rural property despite being denied the necessary zoning amendment.
John Horst, owner of J.M. Building Contractors, applied to have the prime agricultural property rezoned in 2019 and that was denied.
In 2020, he applied for a minor variance to allow for the construction of a secondary building, claiming in the application it was for personal use. He’s been using the building for his contracting business for seven years in violation of the current zoning.
Councillor Marlene Ottens expressed concerns about what she called the “deception” of the 2020 minor variance application.
“People here are saying the different projects were happening, you said you were already working in this business in 2017, but when I look at this background it says in 2020 that you indicated that the building was only for accessory use and not a business,” said Ottens.
Horst claims it was a lawyer to misrepresented the intended use of the accessory building.
“It was a lawyer that was doing the paperwork at that time,” explained Horst. “She was at the meeting. The question was asked at the meeting ‘Is it going to remain as personal use?’ and she made the comment, ‘yes it will.'”
Typically, industrial uses are limited to the urban areas but Horst says he is not in a position to move his business into town.
“Being a small business, it is not practical nor do I feel that it is economically feasible to relocate this business to the urban area,” said Horst.
Horst also pointed out to council there has never been a complaint about the business. Township staff only found out about it when someone mailed in a ad from a magazine for J.M. Building Contractors.
Neighbour Clayton Shantz says he has no issues with the contracting business staying where it is.
“We as a business don’t have any concerns or objections to what is being proposed here,” said Shantz. “John has always been an excellent neighbour. I actually really look up to John. We’ve used him a few times to update a few of our existing buildings and I’ve always been impressed with quality of work and his professionalism.”
Horst admitted to council he does not have a plan for his business should the application be denied a second time. He could be made to pay back-taxes on the property since it has been taxed at the lower agricultural rate and also face development fees and other penalties.
Staff are now taking the comments from Tuesday’s meeting and will be back before council with a report and recommendations.
