Vending machine operator appealing council decision

The owner of a small vending machine operation on the driveway of a home on Octavia Street will appeal a recent Belleville council decision which effectively puts him out of business.

Council denied home and business owner Juan Hernandez rezoning applications which would have allowed him to continue with the vending machines in the west end neighbourhood.

The prevailing opinion on council was that the almost four-year-old operation contravened the city’s Official Plan and zoning by-laws and if allowed would set a precedent possibly leading to other such outdoor businesses in residential neighbourhoods.

Hernandez says city staff knew about the machines over three years ago and told him if there were no complaints there was no problem with them.

The appeal of council’s decision will go to the Ontario Land Tribunal.

Below is the letter sent to local media by Hernandez in response to a question regarding a potential appeal.

I will be appealing city council’s decision to deny my rezoning application. The deadline to appeal is January 4th. RFA Planning Consultant is finishing up the application.

I have a lot of community support. 25 out 35 members of the public expressed their approval for my business, to city council. However, city council ignored the public’s vote. The community was outraged about city council’s decision. They’ve been urging me to file an appeal. A member of the community donated $1100 to cover the fee for an appeal.

City council voted to deny my application, in fear that it would set new presedent. They fear that other members of the public would try to setup similar businesses outside their homes. I believe this is prejudicial and unfair.

From the beginning, I tried to setup my business legally. Before I setup my first machine, I went to city hall and asked if I needed a permit or business license. They told me I didn’t. Two years later, my business had grown to 5 machines, and I had built half the shelter. I thought this might change things with the city, so I went back to city hall and talked to the person in charge of planning. He told me that he was aware of my business, and that he had driven by it. He said that technically it was not allowed. However, since they had not received any complaints from the public, he told me it was ok. He did not tell me that it was illegal, and that I had to shut down. Nor did he tell me that it was mandatory that I rezone my property. Therefore, I continued to run my business, under perceived city approval.

Some people have argued that the city should’ve recognized that approval. It is their fault for the situation that I’m in right now. They mislead and misinformed me as to the requirements for running my business legally. If the city was worried about setting presedent, they could have grandfathered my business, given that it’s been running for four years, without any incidents or disturbances to the public. This would have prevented others from setting up similar businesses.

I felt the planning committee handled my situation unfair. My business is a home-based business, with a small technicality, the machines are outdoors instead of being indoors. The rezoning application was asking for a minor variance to overlook this technicality. All over Ontario, all over the world actually, cities are making exceptions to bylaws, and giving businesses some latitude to allow them to stay in business during the Covid pandemic. For example, restaurants are being allowed to built patios, where before they would not have been allowed. In some cities’s downtown area, you see restaurants building patios on city sidewalks, or side-road parking spaces. Yet the city of Belleville could not overlook a small technicality, as my machines being outdoors, instead of being indoors.

They also compared my business to a convenience store, which is ridiculous. They argued that there were enough convenience stores in the area. Since when is that an argument for rejecting a rezoning application? How many gas stations and hotels are going to be enough on Bell Boulevard, by the casino?

I hope the Ontario Land Tribunal has a better understanding of this unique rezoning application.

Whether this appeal is successful or not, I would love to thank the community for all of their support. I never imagined that I would get so much support from the community. I have never experienced this much love and support from so many people before.

Here’s hoping for a better year, in 2022.

57 Octavia Street. (Photo: Belleville Planning Advisory agenda.)