The fate of Belleville resident Juan Hernandez’s home vending machine business is still undecided.
Tuesday, the Ontario Land Tribunal approved a withdrawl of appeal by Hernandez’ party. The withdrawl came after recommendations in the original application by RFA Planning Consultants did not meet all zoning by-law requirements.
The current lean-on structure at 57 Octavia St. in Belleville violates city zoning bylaws. (Photo: Quinte News)
The vending-machine business, located at 57 Octavia St., had been running for the past four years with little to no issues until council’s decision to stop the businesses operation. The current semi-open structure which covers the eight vending machines was in violation of existing zoning by-laws due to its construction without a building permit and as the business was outside, not inside, which did not conform to the city’s residential zone in it’s Official Plan.
The required amendments cite a new structure would need to be attached to the main dwelling to comply with Belleville Official Plans and zoning by-laws. Other potential issues that were added to the amended application include outdoor lighting, signage and total area for the vending machines.
Belleville council staff believe the business to be of commercial use, like a convenience store, while Hernandez and party say it’s a home occupation not needing of zoning changes apart from creating a new attached structure to house the machines.
Hernandez and RFA Planning Consultants may reapply to Belleville council with its amended application changes.
As for Hernandez, he is unsure of what the future may hold.
Audio Player“So my question to myself is can I afford to do all this? And as it stands right now, I got like no money, so I don’t know what to do right now.”
Hernandez has received a lot of support from the local community with a member of the community donating $1100 to support Hernandez and cover the fee of the appeal.
