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Lone fireworks wholesaler likely staying in city
By
Alli Vail May 13th, 2008
The city has to grandfather in a property storing fireworks in a residential area.
That's the legal verdict from Colin Stewart of Staples McDannold Stewart law firm.
"If the land of the home based business of fireworks and explosives storage would have been permitted before the bylaw amendment, then the use may be continued as a non-conforming use and section 911 of the Local Government Act,"Stewart's letter said.
Fireworks were banned as of July 4, 2007. They could not be sold, possessed stored or used within city limits.
In October of ‘07, the city got a letter from Harvey Ash, who was concerned about the impact the bylaw would have on his wholesale business.
Council referred the subject of storage for sales outside of the city to the Citizens' Advisory Council.
On April 7, staff recommended the bylaw be amended to store fireworks for whole sale purposes, as long as the amount didn't exceed the quantity the Parksville Volunteer Fire Department considered reasonable.
Councillor Barry Johnston suggested changing the wording to not allow storing fireworks for commercial sales in residential areas in the city.
His suggestion was approved by council, but a Ash's business will not be affected.
writer@pqbnews.com
Original Source:
http://www.bclocalnews.com/vancouver_island_central/parksville_qualicumbeachnews/news/18873354.html