Branco’s motocross denied provincial appeal

An unauthorized motocross track developed by County of Wetaskiwin residents Andrew and Erika Branco...

An unauthorized motocross track developed by County of Wetaskiwin residents Andrew and Erika Branco, a contentious matter for county council and residents since rezoning the track’s land was denied in early spring, has been denied an appeal before the Court of Appeal of Alberta, Nov. 30, located in Edmonton.

For the Nov. 30 process the couple had to prove there was an error in law in the Subdivision and Development Appeal Board of the County of Wetaskiwin’s decision.

Assistant CAO Rod Hawken said in an interview with the Pipestone Flyer Dec. 9 it was still too early for the county to decide its next course of action regarding the track, which is located at S 1/2 SE 30-45-22-W4M.

During the April 14, 2016 rezoning public hearing Andrew Branco told councillors, “We feel like we’re the black sheep in the community.”

The family acquired the agriculturally zoned land years ago and subsequently developed a motocross track. However, neighbours objected to a variety of issues, including noise.

It was revealed later the track had been in use before the couple applied for development permits and before applying to have the land rezoned. The Brancos applied for a rezoning, which would allow the track to operate for the public, but were denied.

The grounds of the Branco’s application before the Court of Appeal of Alberta were:

1. The respondent erred in law in dismissing the applicants/appellants appeal from a refusal to grant a development permit by misinterpreting the phrase race track in Land Use Bylaw 95/94.

2. The respondent erred in the law in dismissing the applicants/appellants appeal to the board by concluding that the development was being proposed, or that any development permit of any kind is necessary before the applicants/appellants operate or permit private use of recreational vehicles on the applicants/appellants real property.

3. The respondent erred in law by concluding that the pre-existing land use of motorcycle riding did not fall within the meaning of extensive recreational as defined in Bylaw 95/94.

4. The respondent board lost or exceeded its jurisdiction by making no findings of fact relevant to the respondent’s reasons for dismissing the appeal from a refusal to grant a development permit; by not referencing in its reasons whether the respondent considered the statutory provided alternatives to simply revoking or confirming the decision before the respondent; and by deciding on irrelevant grounds.

Read more about the provincial appeal:

Read more about the appeal to the SDAB decision here:

Read more about the original rezoning application here:

Just Posted

Almost 100 kgs of suspected cocaine seized at Coutts border crossing

84 bricks of suspected cocaine seized from California residents’ vehicle; largest recorded seizure.

Millet’s longest consecutive serving councillor awarded

Former councilor Eleanor Pydde honoured after 19 years

Wetaskiwin Salvation Army Food Bank seeks community support

CP Holiday Train to visit Wetaskiwin Dec. 6

Calling all Christmas letter lovers

The Pipestone Flyer is publishing letters to Santa in its Christmas Greetings special section

Wetaskiwin named Canada’s eighth most dangerous community

Wetaskiwin ranked last by Maclean’s for youth crimes

Trudeau apologizes for decades of LGBTQ discrimination by federal agencies

‘I am sorry. We are sorry,’ Prime Minister Justin Trudeau said Tuesday.

VIDEO: ‘Last Jedi’ premiere kicks off with droids, Daisy Ridley

Latests Star Wars film premiered in style ahead of Dec. 15 theatre debut

Canadians urged to exercise caution in Middle East ahead of protests

Protests are in reaction to Trump’s announcement that the U.S. will recognize Jerusalem as the capital of Israel

Feds planning to push back delivery date for new fighter jets: sources

The Liberals had planned to buy 18 Super Hornets

Facebook launches parent-controlled Messenger app for kids

It’s currently only available in the U.S. as an app for Apple devices but will be expanded for versions on Android and Amazon tablets

Gregg Zaun apologizes after being fired for inappropriate comments

Former broadcaster was fired after Sportsnet said it received complaints from female employees

Ottawa willing to give more pot tax revenue to provinces to help cities

Finance Minister Bill Morneau willing to increase share next week with provinces and territories

What is your most embarrassing work story?

These 25 scenarios taken from senior managers in North America will make you cringe

COLUMN: Is celebrity gossip your ‘local news’? Ottawa seems to think so

News Media Canada board chair reflects on heritage minister’s response to newspaper closures

Most Read