Ponoka & District Chamber of Commerce Small Business of the Year 2008 Wednesday, Sept. 11, 2013
Vol. 65, No. 37
403-783-3311
www.ponokanews.com
editorial@ponokanews.com
DEDICATED TO THE PROMOTION OF PONOKA
Town shuts down medical marijuana grow op By Jeffrey Heyden-Kaye A medical marijuana grow operation licenced by the federal government has been shut down by the Town of Ponoka. Robert Koteles, who rents land on 5112 60 Avenue, legally grows medical marijuana plants for his health. He has been using a Sea-Can in Ponoka since October and has the papers to prove it. But complaints from neighbours over the container and its contents have caused the town to shut down the operation. “We were not concerned with the use,” says Betty Jurykoski, planning and development officer. “He has a Health Canada licence to grow medical marijuana.” The town has no control over Koteles’ licence but there were concerns about the storage unit being used on residential property. There is some allowance for Sea-Cans on a person’s property, she explained. “We do also allow them in temporary situations,” said Jurykoski. If a homeowner is a victim of a flood or a fire or is renovating their home, then a Sea-Can is allowed. In May, Jurykoski approached Koteles and said a development application would be needed for him to continue using the container. “What Mr. Koteles neglected to do is get the proper municipal approval before moving in the Sea-Can.” In this circumstance the town was unsure how to proceed with the storage unit being on the property and the application was sent to his neighbours to comment. There were three or four concerns expressed, she explained. The town takes into account comments from neighbours. “We have to ask the neighbours because we’re not sure how we feel about this or how they feel about it.” “His application was refused because a 10 feet by 40 feet Sea-Can does not fit in a residential area,” says Jurykoski. “It doesn’t meet the intent of a residential district.” The Town of Ponoka Land Use Bylaw gives specific regulations: “The development authority may refuse to issue a development permit for a building, the design, construction or treatment
Robert Koteles has a federal licence to grow medical marijuana for personal use but was shut down by the Town of Ponoka. The Sea-Can he used was deemed not in compliance with the town’s bylaws. Photo by Jeffrey Heyden-Kaye of which is, in his opinion, incompatible with the neighbouring buildings.” The Town of Ponoka does not have the authority to shut down a licenced operation. Jurykoski says there were complaints from neighbours over the smell and proximity to adjacent property. Koteles’ application was refused so he applied to the Subdivision and Development Appeal Board, a quasi-judicial board. “They refused it,” said Jurykoski. In a letter, Edlen Ellingston, chairman of the appeal board, explains the decision. “Sea-Cans are not suitable structures for placement in a residential district and are better suited for commercial and industrial areas.” The letter points out no accessory
buildings shall be located on a front yard and accessory buildings need to be set back at least one metre from side property lines. Decisions of the appeal board are final. Koteles was given to Sept. 7 to move the metal container but he spoke with Jurykoski and was to have it moved by Sept. 10. He read a statement to the appeal board and in his letter said he was asked to replace another storage container, which was considered unsightly. He replaced the container and was under the impression there would be no other issues. “I was again called by the by law enforcement officer “Willy” (Willie Jones) and told that I would receive no more
issues from the town,” the letter states. The conversation turned to the contents of the trailer and Koteles explained its purpose. “Willie laughed and said that I would be getting a serious call very soon from ‘higher up the food chain,’” Kotels told the appeal board. He eventually spoke to Jurykoski and was told the unit must be removed. “I was told to get my disgusting and dangerous unit out of Ponoka or I would be paying the town after they removed it from me. I explained my position and Betty and I agreed to begin to process a building permit for the pre-built building that would only be temporarily on site until Nov. 11, 2013,” states the letter. Continued on page 2
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