ALMA – A property owner in Mapleton learned the hard way to ask for permission first, not forgiveness.
John Horst, owner of J.M. Building Contractors applied to have the agricultural property rezoned in 2019 as part of an application to build an accessory building on his property to use for his construction business. He resubmitted the building application the following year, claiming it was for personal use. He’s been operating his business out of the building since construction was complete.
Council denied a request to rezone the property to bring the existing construction business into compliance with regulations over concerns it would set a precedent.
“The proposed use of the existing building will not be taking any agricultural land out of production,” argued John Horst at Tuesday’s meeting. “Neighbouring farmers have made a public announcement that the existing operation does not impact their farming operations.”
Council feared others who have zoning applications denied may go ahead anyway, hoping to get approval once the business is established. Many on council took issue with the “deception” used in the second application for the accessory building.
“I’m always willing to work with people who have made honest mistakes and who unintentionally built something not realizing they weren’t allowed,” said Councillor Marlene Ottens. “But my big issue here is the knowledge that it wasn’t allowed, asking for a zoning amendment in 2019 for a construction business and being denied and then building in 2020 and putting in a construction business.”
Councillor Michael Martin agreed.
“I think this is a prime example of say what you need to get it built and once it’s an established building then the argument of proposed use for existing building…becomes very much a supporting argument,” said Martin.
Martin also told council it is their job to ensure farmland in Mapleton is protected given Mapleton is a farming community.
“I think truthfulness and transparency around the original application, arguably, the building would never have drawn a permit in the first place,” said Martin. “It just simply wouldn’t because it’s not something that we would support in that particular location.”
Now that the rezoning was denied, Horst has not said what he plans to do. At a previous meeting, Horst told council that moving the business to the urban boundary would not be viable. Horst has yet to respond to a request for comment.
