Rural motocross track appeal denied

A motocross track that has a family of motorcycle enthusiasts on one side of the issue and their farming neighbours...

A motocross track that has a family of motorcycle enthusiasts on one side of the issue and their farming neighbours on the other has been denied again.

The Branco family, Andrew and Erika, had an appeal for a motocross track denied after a hearing July 12 by the County of Wetaskiwin’s Subdivision and Development Appeal Board. The appeal was filed by the Brancos following the denial earlier this year of their application for a development permit for the track located at S ½ SE 30-45-22 W4M, zoned agriculture.

The appeal decision, provided by County of Wetaskiwin, noted a number of factors which affected the SDAB’s July 12 decision. It noted the county received a complaint in December, 2015 about an unpermitted motocross track on the property in question. The decision stated the Brancos were notified the track was unpermitted, and something had to be done to get the land in accordance with the land use bylaw. The main options included removing the track or applying for a development permit after rezoning the land to recreational, which would allow a motocross track to operate commercially.

The Brancos chose to apply for the development permit and a hearing was held Apr. 14, but the application was turned down. On May 27, the Branco’s application for a development permit to use the motocross track for personal use was also refused by the county. Thus, the appeal.

According to the decision the Brancos wanted to keep the track operating for personal use and at the hearing noted that they felt the track met “extensive recreational use” requirements.

However, at the hearing neighbours were opposed to the track, stating that land was better used for farming, that a motorbike track caused problems for livestock in the area, the environment could suffer and that the track had negative effects such as noise and increased traffic among others.

The SDAB turned down the application for an “Existing Motorcross Track for Personal use” and noted that county council voted down the rezoning which would allow a motocross track to exist; the recreational zoning is the only zoning which allows a motocross track.

The decision also noted, “In the opinion of the Development Authority, the ‘Existing Motocross Race Track for Personal Use’ meets the definition of a race track as defined by the County’s Land Use Bylaw. Therefore, the Development Authority was operating within the County’s Land Use Bylaw when it issued the refusal.”

The decision went on to state “The existing motocross track for personal use does not fall under the definition of ‘extensive recreation’ under the County’s Land Use Bylaw. Extensive recreational use is defined as ‘a recreational land use located in a rural area to take advantage of a natural setting for dispersed, low-impact activities including but not limited to walking, hiking, cross-country skiing and bird-watching and which may include small cabins or chalets for short-term use on a commercial basis that may be subordinate to a principal dwelling.’”

The document notes at the very bottom, “A decision of the SDAB is final and binding on all parties and persons subject only to an appeal upon a question of jurisdiction or law…An application for leave to appeal must be made to a judge of the Court of Appeal within 30 days after the issue of the decision sought to be appealed…” In a nutshell, this means the case would head to a provincial courthouse.

 

Just Posted

Suspect in Wetaskiwin trunk kidnapping arrested

Ponoka RCMP seek arrest warrants for suspects of armed robbery as well

Man attempts to stop fight in Wetaskiwin, gets stabbed: RCMP

Wetaskiwin RCMP looking for two suspects involved in assault with a weapon

Bonus RCMP officer for Breton region courtesy County of Wetaskiwin

Councilors examine details of enhanced RCMP officer for far-west side of county

County residents want to stop curve removal projects

Public meeting in Division 4 hears opposition to removal of gravel road speed curves

Soup and steak in Dora’s Kitchen this week

Get out your mallet for this Swiss Steak recipe

Video: Flyers new mascot ‘Gritty’ a bearded, googly-eyed terror

The Philadelphia Flyers unveiled their new mascot Monday, and as one would expect of the team that gave us the “Broad Street Bullies,” he’s far from cuddly.

Edmonton cannabis company revenues more than triples to $19.1 million

Aurora Cannabis revenues more than triple in fourth quarter

Seattle one step closer to NHL after arena plan approved

Seattle City Council unanimously approved plans for a privately funded $700 million renovation of KeyArena

Hockey league gets $1.4M for assistance program after Humboldt Broncos crash

Program will help players, families, coaches and volunteers after the shock of the deadly crash

Canada has removed six out of 900 asylum seekers already facing U.S. deportation

Ottawa had said the ‘overwhelming majority’ had been removed

Appeal pipeline decision but consult Indigenous communities, Scheer says

The federal appeals court halted the Trans Mountain expansion last month

‘I’ll never forgive you:’ Victim impact statements at hearing for Calgary killer

Curtis Healy was found guilty of first-degree murder Friday in the death of Dawns Baptiste.

Man accused of mailing bomb to his brother in B.C. has died

Leon Nepper was found in ‘medical distress’ at the Whitehorse Correctional Centre on Sunday

Most Read