Despite one councillor’s characterization that it was a move that appeared to reward “bad behaviour,” Kelowna city council has agreed to consider changing the rules of its agricultural zone to let a local family that has been deliberately operating a cafe without a business licence for the last three years, a change to legalize its operation.
The Bal family runs the Hillcreast Farm Cafe as part of its large Hillcreast Farm orchard operation off Highway 33 East.
In addition to the cherry orchard, the family operates a bed and breakfast and the cafe on the farm, despite agricultural zoning for the land does not allow the cafe.
But since 2012, the family has operated the cafe, with its public justification for breaking the rules being that wineries can have restaurants so why can’t orchards.
While the city and the provincial Agricultural Land Commission are not happy the Bals has thumbed their noses at the city’s rules, both it and city staff have recommended an amendment be made to the city’s agricultural zone to allow the cafe to comply with the rules.
On Monday, while the rest of council voted to send the issue to a public hearing, despite reservations from several councillors, only Hodge refused to support that move when it came to a vote.
“By send this to public hearing, it looks like we are rewarding bad behaviour,” said Hodge.
The Bal family, has shown no contrition for operating a business without a licence for three years and has accused the city and ALC of having a double standard when it comes to orchards verses vineyards.
While not apologizing for flouting the rules, its now wants a licence for its cafe, an operation it claims is a community asset to the Black Mountain area.
Despite knowing it was operating without a licence, the city has taken no action to shut own the cafe in the past.
Following the public hearing May 26, council will decide if it will support the cafe’s continued existence on agricultural land to the ALC. The commission will make the final decision about its appropriateness on agricultural land.
If approved, it would then be up to the council to give the Bals a business licence based on its amended zoning bylaw.
