One of two soft-sided structures an Innisfail woman and her mother have been ordered to remove from their property. Town officials say the structures are not permitted in their Land Use Bylaw and others who have them will soon face the same enforcement. (Photo: Lisa Voelker)

By Sheldon Spackman

temporary structures have to go

Innisfail mother, daughter feel singled out by shed removal order

Oct 1, 2019 | 1:45 PM

An Innisfail family ordered to take down a pair of soft-sided structures on their property say they feel singled out.

Lisa Voelker and her mother received an order by Town Enforcement on August 30 to remove temporary car shelters located at the front and rear of their property.

In a letter to Town officials appealing the order, the Voelkers claim the structures are not car shelters but instead ‘dining tents’ used for Indigenous spiritual practices such as smudging ceremonies and drumming.

Lisa Voelker says the order was issued after a complaint was filed over ‘building sheds’ on their property, adding in her letter of appeal that the complainant was someone who had a long-standing feud with her now- deceased father.

“Our tents had been up for use for almost four years and now we have to take them down due to one complaint,” says Voelker. “They’re not an eye-sore, they’re not tattered or falling apart, so I decided to do a little bit of investigating, drove around my Town of Innisfail and there’s other people that have identical tents- shelters, whatever they use them for. There’s more than 30 of them and I have all the photos for them.”

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Voelker says the remedial order from Town of Innisfail Protective Services initially gave them 14 days to remove the structures. It was extended to Oct. 31 following council’s denial of her appeal last week.

She questions why they have to dismantle their structures while others who have them do not.

“Right now, everyone else’s is standing,” exclaims Voelker. “I made an appeal on that and I was heard two weeks later and I basically pled my case and got shot down. They had no intention of amending the bylaw.”

Voelker say Bylaw Enforcement told her only two other residents have been asked to take their soft-sided structures down since July of this year.

“I wasn’t aware there was a bylaw, I guess shame on me for not knowing because I saw a whole bunch of other stuff going on in town,” she admits. “Honestly, when I see all the other ones around town, I don’t think I’m going to. So a fine for $250 and they say that they’ll come and take it down themselves and charge it to us.”

Voelker says her main message to the Town is if they plan to enforce the bylaw, enforce it for everyone.

Todd Becker, CAO for the Town of Innisfail, says the bylaw is straight forward and requires the structures to come down.

“It’s clear within the Land Use Bylaw that structures of what they have currently on their property are in contravention to the Land Use Bylaw,” explains Becker. “I do recall from the hearing that tents are allowed for a period of time, temporarily, but the soft-sided structures that are part of that package, are in contravention, so that’s really what it is.”

Becker says the Voelkers are not being singled out.

“Enforcement is being applied for the other structures that are in the town and there has been compliance already,” says Becker. “The Town conducts its business two different ways, one is through complaint and the other one is through a strategic approach to enforcement. In this case, a complaint was received and then action was taken.”

Becker says there has since been communication with other soft-sided structure owners in the community, but adds issuing permits for them are simply not an option.

“Permits are allowed for structures that meet the Land Use Bylaw,” explains Becker. “So they are encouraged to approach the Town on what type of structure would be permitted on a property to meet what their intent is with the current structures. So we’re hoping that there’s some communication from them with the Town to see what that looks like.”