A store that sells paraphernalia associated with drug use will not be allowed to open in Appleyard Square.
At a hearing last week several businesses and residents sought to have the development permit for Blitz 420 revoked. This week the subdivision and development appeal board ruled in their favour.
"Surrounding businesses will suffer due to the nature of the business of the developer if the proposed development is allowed. The developer's business would adversely affect surrounding businesses financially," the board wrote in its decision, which was released publicly Thursday.
The board also noted the Akinsdale neighbourhood in which the store was to be located is "primarily residential, not primarily commercial in nature." It also cited owner Tim Kaput's own admissions that his store "sells products for adult consumption" and "conceded that his products ought to be obscured from public view with frosted glass."
"The developer has advertised expressly that he deals in drug paraphernalia," the decision states.
Reached by phone, Kaput had little to say about the decision.
"I don't give a s… about that (decision)," he said, declining further comment before hanging up.
After other tenants of Appleyard Square first started expressing their concerns in November, Kaput told the Gazette he would not be opening his store. But business owners still went ahead with their appeal of his development permit last week. At the hearing, Kaput argued in favour of allowing his store to open.
"I ask of you people to please see that I'm here to work with you and compromise to make this work," Kaput told the board in a written submission.
Mayor Nolan Crouse, whom Kaput has threatened to sue over allegations that Crouse has caused his business to suffer, said he respects the board's decision.
"They had the information that they needed and they decided not to allow it to go ahead," Crouse said.
ADW Music owner Robbie Wood, one of the people who appealed Kaput's permit, was relieved with the decision. He had argued before the committee that his business would suffer because a majority of his music students are under the age of 18.
"Obviously I'm happy they've come down on the side of reason," Wood said. "I'm glad it's over."
"Personally, I think stores like this are not a great impact on any community. I don't want to be a NIMBY just because it's close to us and complain about it. I don't feel that these stores have a place anywhere really," he added.
Jennifer Foo, owner of Xtreme Creations Hair Company, said she's glad the ordeal is over.
"I'm happy for us. It's a great decision for the neighbourhood. I wish [Kaput] the best of luck in his future endeavours," she said.
Hearing
The appeal of Kaput's development hearing took place on Dec. 7, more than six weeks after the smoke shop owner publicly stated he was pulling his business out of town because of complaints from nearby businesses.
According to the board's written decision, 11 different people spoke at the meeting. Besides neighbouring businesses and people who came to defend Kaput, the board also heard from the public, "which was in attendance in significant numbers."
Seven people spoke against the development permit, with four speaking in favour, including Kaput. Four people describing themselves as residents made presentations to the board, with three saying it didn't belong in the neighbourhood.
Of those who spoke in favour of Kaput's development permit, one had worked for Kaput, one described himself as Kaput's "confidante" and another was a local resident.
