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UPDATE: Rising Stars suffers another set-back

Jan 26, 2011 | 11:01 AM

It’s back to the drawing board for Rising Stars Children’s Ranch.

Their discretionary use application to operate a 10-bed foster home in the Rural Municipality of Prince Albert was unanimously voted down by council Wednesday.

“I’m actually shocked,” said Dave Hobden, executive director of the Rising Stars group.

“We have taken great pains to address a number of their concerns … in regards to safety, the children’s ages and the number children that would be attending. We gave them assurances that we would follow some of their guidelines that they wanted.”

RM of Prince Albert Council acknowledged Rising Stars efforts, but said in the end they are tied to following the stipulations of their zoning bylaw.

“It is an institution built in an agriculture district that is zoned agriculture land and that is not allowed by the bylaw. We’re preserving agricultural land,” said Paul Rybka, deputy Reeve.

Rybka said the rural municipality fully supports foster care homes, but can’t change their bylaw on a whim.

The zoning issue between Rising Stars and the municipality goes back to 2009, when the group applied to the rural municipality to sub-divide an existing property. Rising Stars claims they built the home with the understanding they had the proper development permit in place, but later learned the project was contrary to the bylaw.

“We put the cart before the horse,” said councilor Eugene Matwishyn,who felt this all could have been avoided if Rising Stars had examined their documents more carefully.

“We are not builders or planners,” said Hobden. “Our forte is working with children and right from the very start we relied on the rural municipality and planning commission to help us.”

Hobden acknowledges mistakes were made, but doesn’t believe those should have impacted the decision.

Rybka said Rising Stars was treated fairly and had access to the zoning bylaws beforehand.

Following Wednesday’s meeting it was unclear what the next step was for the Rising Stars group.

Hobden said the Rising Stars group will be meeting with their lawyer today to discuss their course of action, but noted time is of the essence with the group carrying $5,000 mortgage on the property.

 Rybka said further study is needed by council to see if the home could ever be allowed to operate in its current location.

For more:

Rising Stars awaits decision

Rising Stars ordered to pay back operating grant

bbosker@panow.com