Osoyoos Desert Model Railroad is a family owned tourist attraction. From left Poul Pedersen, his wife Ulla and daughter Lotte Mendes appear in a file photo at the time of their 10th anniversary last year. (Richard McGuire file photo)

Osoyoos Desert Model Railroad is a family owned tourist attraction. From left Poul Pedersen, his wife Ulla and daughter Lotte Mendes appear in a file photo at the time of their 10th anniversary last year. (Richard McGuire file photo)

Despite the complaints of two local business owners at a recent public meeting, members of Town of Osoyoos council have voted to allow the Osoyoos Desert Model Railroad to continue operating in the town’s industrial park.

Council voted to pass third reading of a zoning bylaw amendment that would allow the popular tourist attraction that is located in the Buena Vista Industrial Park to continue operating there for years to come.

Poul Pedersen, the co-owner and operator of the Osoyoos Desert Model Railroad, has sought to solidify the zoning status for the tourist attraction by applying recently for site-specific zoning.

Council gave first and second reading to the bylaw in late July and proceeded to a public hearing the second week of August.

While no letters objecting to Pedersen’s request were forwarded to the town or members of council, two business owners whose properties border the property owned by Pedersen and his daughter Lotte Mendes objected to the rezoning application.

Both business owners suggested the town would be creating a precedent for others by legalizing the model railroad tourist attraction after the fact and that the commercial use could provoke undue nuisance complaints about carrying on normal industrial activities in the surrounding area and inhibit business operators.

One of the business owners said he made a similar application for rezoning five years ago and was turned down. He also felt that if this application was approved, it would send a message that if you start a business contrary to a zoning bylaw, you will be forgiven later and allowed to continue operating.

The second opposing business owner said the location of the model railroad is wrong for this type of business. He also suggested that despite the fact the tourist attraction is a successful business, the owners should get all the neighbours to sign off and agree to allow him to stay and if they don’t, then he would be given two years to find a new location.

Mayor Stu Wells said members of council listened carefully to the objections, but were not willing to shut down a business that has attracted tens of thousands of tourists to this community over the past decade.

“It is now number six as the most popular tourist attraction in all of B.C.,” said Wells. “That’s quite a feat for the Town of Osoyoos and it gives tourists a place to go when they visit.”

Coun. Mike Plante said he understands and respects the concerns of the two complainants, but said he “just wouldn’t feel right” asking a successful business and tourist attraction that has brought so much positive attention to Osoyoos to close down or move.

Coun. C. J. Rhodes said he listened carefully to the two business owners who launched complaints and was initially in favour after the public meeting of not approving the rezoning application.

However, he reconsidered after recognizing that each rezoning application should be judged on its own merits.

 “You have to treat every one of these applications on its own unique merits” and closing down or forcing this town’s most popular tourist attraction makes little sense to him, said Rhodes.

Council is expected to formally approve the rezoning application at its next regular meeting of council on September 15.

Once the zoning application is formally approved in less than two weeks, it would allow Pedersen and his daughter to sign a long-term deal with the town to continue operating the Osoyoos Desert Model Railroad in the industrial park for many years to come.

KEITH LACEY

Osoyoos Times