A local farm store is facing closure by Foothills County Oct. 4 unless its owners can secure the approval of a third-party structural engineer or persuade the County to develop a designation they say would more accurately represent their agri-tourism business.
Nick and Alli Shipley, owners of Hartell Homestead, said they are being forced to shut the doors to their shop, which sells meat, eggs and vegetables from local farmers, in less than two weeks despite multiple attempts on their part to comply with County regulations.
"We need to start causing some trouble, which is the exact opposite of what I normally do," Nick said. "What I need from the community is to show farm stores are wanted and needed because we need to create a district for farm stores."
Reeve Delilah Miller said the County consulted residents on the creation of a licence specifically for agri-business and has since created such a category. She said the Shipleys fit under this designation but have not complied with requirements set by the Province, specifically Alberta Building Codes.
"It has nothing to do with the County," she told The Wheel. "As much as we want the business to succeed, we have to adhere to provincial regulations and we can't change those."
The 'agricultural business district,' a zone under the County's land use bylaw that allows a specific type of home-based business, requires owners to develop 21 acres of land into commercial property and face an annual tax bill of approximately $12,000. This doesn't fit the needs of Hartell Homestead, according to Nick, which is why he is asking for a designation specific to small, farm-based operations.
"That’s for tractor dealerships – we just don’t fit that," he said. "We’re a 400-square-foot shop, we’re not that fancy."
The Shipleys have applied for a minor home business licence, which Nick said fits Hartell perfectly, aside from the requirement there be no more than four visitor vehicles passing through the property per day.
But they hit a wall at the building codes stage, with Nick explaining their agriculture property would need to be converted to a commercial property to comply. On top of that, the County requires a third-party structural engineer to sign off on the building to approve its permits and that engineer takes on the liability of the building upon giving their approval.
Nick has requested the help of 17 engineers, all of whom will not give approval to the building due to the absence of original blueprints and records, which were destroyed when the basement of the County building went under water during the 2013 flood.
Without engineer approval, the County is forced to revoke the Shipleys' development permit, which then makes them in violation of the land use bylaw.
"All business activities must cease and all business related items must be removed from the parcel," said a letter addressed to Nick by a County planning and development officer Sept. 20.
Even if Nick can get an engineer to sign off on his store, which is unlikely, he said they'll constantly be at odds with the County because the business won't be under the right designation. The real solution, he said, is to develop a new category under the bylaw which applies specifically to farm stores and agri-tourism destinations.
Nick said he is putting up a fight not only for his livelihood, but for others that want to break into the industry.
Hartell Homestead was born out of the need to make ends meet when Nick lost his job during the pandemic, which is why he said this especially stings.
"This is my heart and soul," he said.
The couple want nothing more than to have their farm open to the public, not just to sell their wares, but to give people a real look at where their food comes from.
Nick has made posts on social media calling for customers to call their County councillor and MLA to express the value of farm stores in the community and the province. He said they have received nothing but positivity from the community since opening the doors just over a year ago.
He's also started a petition, which, as of press time, had more than 600 signatures. It can be accessed here.
