Rules bent for dance studio run at home

Summerland council approves variance to limit of 2 clients at homebased business

SUMMERLAND — In a 5-1 decision Monday, Summerland council approved a development variance permit to allow up to six clients at a time at a dance studio in a home at 12223 Saunders Crescent.

The town’s zoning bylaw limits the maximum number of clients to two at the same time in a homebased business classified as Home Occupation Type 2.

Coun. Richard Barkwill opposed the application and Doug Holmes excused himself because of apparent conflict of interest.

The decision was made following considerable input, both pro and con, from neighbours and stated in letters, as well as an emotional plea from Chelsi Bentham, operator of the proposed studio.

Bentham and husband Bryn Bentham own the irregularly shaped lot on which their 235square-metre house is located.

The proposed dance studio would be in a 51-square-metre space above the garage, and it would operate two to three evenings a week, two to four hours per session, September through May, Bryn told council.

The space was built specifically as a dance studio.

Bryn said they had not realized use was restricted to two clients until he and Chelsi applied for a business licence in the spring.

Bryn said that on learning of the restriction, they searched for a suitable alternative location in the commercial area but were unsuccessful.

He also said they wanted to get their business “up and going” in their home while finding another location.

Director of development services Corine Gain said the variance is expected to impact the applicants’ ability to comply with some regulations pertinent to all home occupation categories.

The home occupation business will not generate vehicle traffic or parking needs in excess of that permitted for and customary to the principal use of the property, and all parking for the home-based business must be provided within the site on which it is located.

Concerns about parking availability and increased traffic were mentioned in four letters received by council opposing the application and by neighbours who spoke on Monday evening.

Gain also said that Home Occupation Type 2 is restricted to no more than 25 per cent of the floor area of the dwelling or accessory building up to a maximum combined area of 50 square metres.

“Given the size of the existing studio, there is an absolute limit on the ability to include additional space such as washroom or office space to the Home Occupation use,” Gain said.

Some neighbours questioned a Bentham website on which they said it was stated that seven to 10 students would be present at one time.

Close neighbours said they had not been included in the neighbourhood canvassing conducted by the Benthams.

The couple submitted 17 signed letters of support as evidence of the willingness of the neighbourhood to accommodate the use until the business can be relocated to other premises.

Some neighbours and others supported the application, mentioning the need to support local businesses and the need for the high quality of dance instruction Chelsi could provide.

They also mentioned that some students would walk to the studio and others would be “dropped off and picked up” without a need for longer term parking.

Variance permits should be approved because of special circumstances, not just because the applicant wants it, Barkwill said.

“This is the first time during my term on council that I have seen so much opposition,” he said. “There are alternatives to up set a proper studio in a proper place.”

In an emotional outburst, Chelsi said she had cried too much over “the huge opposition” and the “damn” $100,000 for the studio.

“I worked my butt off so girls don’t have to go to Penticton,” she said.

Chelsi was an instructor at the Summerland School of Dance for six years.