The County of Foothills is looking to close the Hartell Homestead country store by October for not meeting strict building code requirements. .Owner Nick Shipley told the Western Standard he opened his farm store south of Calgary in May 2021 to give people the opportunity to "get in touch with where there food comes from." .Along with the store carrying products from local producers, artisans and their own meat products, the family hosts classes, private tours and catered long-table dinners and sees robust visitors during the warmer months. ."We're busiest during the summer," said Shipley of his retail space that turns over a small profit for his family. .Shipley said when he applied for a business licence in 2020, there was not a section for home-based agritourism or farm stores, so he had to apply as a minor home business. ."There were four things I had to comply with: fire, highway safety, Alberta health and safety code, and building safety," said Shipley. .The first three were a quick pass, he said, but Shipley used a pre-existing building on his property to set up his small retail space..The building, according to Shipley, was built in the 80's before he owned the property and he does not have a copy of the blueprints. Those drawings, kept in the basement of the Foothills Country headquarters, were destroyed in the 2013 High River flood. .Shipley said he has been dealing with his Foothills County municipal councillor Delilah Miller and development officer Brittany Hornsby with regard to the approval of his farm-based store. ."They said they would look into it and it's been two years now," he said..To get his development permit, Shipley is required to get a third-party engineer to inspect his building and provide him a stamp of approval. ."I've seen 28 engineers so far and most of them said no. Seven said they will stamp it but for them to take on the liability, it will be pricey," he said..From what he's been told, Shipley said he could be looking at a fee of anywhere between $5,000 to $20,000 to get an engineer to pass his small 400 square-foot space. ."Every builder who has seen the building said it was built very well and is rock solid," said Shipley. .But without the structural drawings it is an uphill battle. .Shipley was notified in early September he would need an engineer to sign off on the building or he would be forced to shut down his store to the public as of October 4. ."The rules haven't kept up with the times," said Shipley. ."There's all this red tape that overlaps each other. We're just a farm store on agricultural property; let us run it." .Shipley highlighted a study done by the Foothills Tourism Association looking at agritourism and farm stores and looked at factors affecting the development of agritourism development in the Foothills. .The study revealed key challenges including: .the lack of a regional definition for agritourism;unclear processes around permitting;limitations on vehicle visits at home-based businesses; andlimitations for businesses with properties zoned for agricultural (versuscommercial) use.A questionnaire was completed by 42 agritourism operators in the Foothills region. One respondent said they believe local government has "created so much bureaucracy and rules, we are going to regulate ourselves out of business." .Another respondent said "a $450 development permit can turn into thousands of dollars for remedies to make all other buildings on the property come into compliance." .And yet another said they had to force attendees to carpool to a chef event they were hosting in fear of getting in trouble for having too many vehicles on their property at one time. .The study recommended amending land use and other bylaws to help address challenges and barriers to agritourism..A petition has been created by Shipley's wife, Alli, which, at the time of publishing, had 1,968 signatures. ."Our farm has been an advocate for local farmers and entrepreneurs and helping people get in touch with where their food comes from and being able to buy local," wrote Alli on the petition. ."Please support us in our fight by signing our petition and contacting your local MLA’s and county councillors to tell them the importance of farm stores in your community."."Help us pave the way for more farm stores, supporting local farmers and entrepreneurs and giving communities the chance to support local and learn more about their food and local goods.".Heather Hemingway, director of planning with Foothills County told the Western Standard the structure on Shipley's farm was an outbuilding and would not have required a permit, nor would there have been structural drawings on file for it with the county..Hemingway said Shipley was issued a development permit in April 2021 which included four conditions that needed to be met, one being a building permit for the retail space he opened..She said Shipley was granted two extentions and was given until August 16 to comply with the requirements needed to obtain his building permit.."He did not meet the deadline and we had to act as it puts us in a significant liability position," said Hemingway.."Anyone who is changing the occupancy of any building needs to get a permit to meet building code.".Hemingway said these requirements for occupancy and land-use changes are for safety and to ensure the community can participate in the consultation process as many land owners feel such changes to neighbouring land is an "imposition on their lifestyles" visually, and bring more traffic and noise..She confirmed to her knowledge there have been no complaints against Shipley, but "council sees complaint applications come in all the time."."We have to be aware of the concerns of the community," said Hemingway.."We have to maintain a balance and make sure the community has a say and can feel comfortable with what is going on around them.".Shipley said since the launch of the petition late last week, he has been contacted by an engineer who "wants to help." Shipley will meet with the engineer Monday afternoon to assess his farm store space.."He reached out and told me he is a small business owner as well and wants to help," said Shipley.
