Jimmy Joys Music Room in Limbo
Jimmy Joys Music Room remains in limbo after having to close because of zoning issues put on hold, in the September 11, 2024, Planning meeting.
According to the staff report, the music venue at 2400 Lone Pine Drive in Utterson was the target of a complaint causing a staff review leading to issues with zoning and building and fire codes.
It adds, “This use is not permitted on the lands and no prior authorization was sought for the Town of Huntsville to establish this business.”
The property owner, Jimmy Brendish, advised Council that the music events are by donations, not as an established business. He proposed that his lot be changed from rural to rural–exception and as a Cultural Arts Studio to be in line with Town protocols.
The report indicates that further complications ensued with CN Railway who became involved because of nearby railway tracks being used for property access. It said, “The rail crossing is only to be used for residential purposes,” and in line with the private crossing agreement.
However, Brendish told Council that he’s never signed an agreement with CN.
In an email to the Town, CN Senior Planner, Ashkan Matlabi, said, “CN concern is with intensifying use of the property adjacent to a Principle Main railway line with trains speeds going as high as 80 km/hr.”
They added, “The existing crossing is not equipped with safety measures to receive the large number of visitors described in the application.”
They also indicated that CN is requiring the applicant to do a crossing safety assessment to determine if upgrades and safety equipment are required to manage the increase of traffic. If they are satisfied with the upgrades, they will enter into an agreement with the property owner who would be responsible for the costs related to the agreement and crossing upgrades, including a safety barrier, chain link fence, site drainage, and noise and vibration reports.
Local Planner, Lanny Dennis, advised Council that the railway assessment would cost the property owner $8,000 and up to $200,000 for mitigation measures.
Dennis added that the zoning allows for a variety of uses, including farming, forestry, bed and breakfasts, and kennels. He questioned, “If somebody wanted to operate a forestry use or a farming use it’s not permitted?”
He continued that some of the other rural zone uses permitted “would be far more intrusive and offensive to the neighborhood.”
Another concern he expressed was that CN was already aware of the Towns zoning By-laws. He said “When the Town circulates zoning By-law they circulate to agencies, including the CN. If they had an issue with not only this property but other properties with respect to crossing the tracks and the uses that are proposed I would proport that maybe they should have spoke up at the time and say, ‘we’d like to deal with this on this basis.’”
He added, “At the end of the day I think that people really do support this music venue.”
Mayor, Nancy Alcock, indicated that she may have received more letters about this issue than she’s received throughout her term.
Supportive community members also attended the meeting expressing the importance of the music venue as adding value to the artistic community and the area overall, and as contributing to “community cohesion.”
Resident, Jennifer Flemming, suggested the venue helps with a disconnect in society. “We have disconnected from life, we have disconnected to each other, and we need to bridge that.”
Other community members indicated that there’s a snowmobile trail beside the train tracks, and another train track up the road without a crossing guard, with no issues.
Council members expressed support for the music venue, and agreed the request of CN are extreme, however, expressed that staff have rules to follow.
Director of Development Services, Kirstin Maxwell, said, “If the Town tries to approve it without any regard to CN’s comments then the municipality’s opening itself up to significant liability.”
Council agreed to the proposal “conditionally, upon CNs comments being added.” They approved a motion indicating they “support in principle the Community Planning Permit By-law amendment.”
Staff have been directed to assist with communication between the applicant and CN regarding the concerns addressed.
Upon inquiry about the matter, on September 25th, Brendish said, “It is unknown what we need to do with the Town or CN.” He indicated that he hasn’t heard from the Town.
He added, “This is our home, and we plan to continue to use it as our home. The garage was built by the previous owner for "Hobby Purposes" and that is what we are continuing to use it for.”
