Manjeet Sindu will get to operate her home based business after all.
The Kelowna entrepreneur was denied a licence for her home based spa business in December because her property did not include a dedicated parking space for her clients as required by city bylaws.
The home on Summer Wood Drive in the Wilden area, which she moved into late last year, includes parking for three vehicles, two for the main residence and one for a legal secondary suite. There is no parking available for clients as outlined within city bylaws for a home based business major designation.
She decided to appeal the ruling from the city's licensing department to council.
Sindu argued she parks in a two-car garage and her husband is at work during the hours in which she operates the spa, meaning there are always at least two parking spaces available at all times.
She further states she sees only about half a dozen clients in a day and spaces out the appointments so two clients are never there at the same time. Neighbours in the area, including those on either side of her also support her appeal.
Staff did give her several options to come into compliance including a designation change to home based business minor which would only allow her to see one client a day, finding a more suitable location for the business or applying for a variance to allow one fewer vehicle at a cost of about $1,700.
Council believed in this instance, while staff were just following city bylaws, that an exception could be made given the circumstances.
"We want to support business as much as possible, especially small business throughout the city. The situation with respect to this one is there are bylaws so we need to follow the bylaws things can go astray quickly," said Mayor Tom Dyas.
"In this particular situation that is what staff was doing even though you've had to go through a process and spend time to be here, it is that process we have to go through.
"If we just open it wide and it went through you can just imagine what would actually happen."