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Resident, MD at odds over building plans

A Foothills MD resident is fighting to build a unique building on his property, after MD council rejected plans to construct a building from shipping containers on his property.
Terry Zimmerman on his property south of Okotoks on Apr. 5.
Terry Zimmerman on his property south of Okotoks on Apr. 5.

A Foothills MD resident is fighting to build a unique building on his property, after MD council rejected plans to construct a building from shipping containers on his property.

Terry Zimmerman used 14 Sea-Cans to form the frame of a new farm building on his quarter-section of land south of Okotoks after being told he would have to remove them. Within one week, he leveled the ground, stacked and welded the containers to form the foundation for the building. A stop-work order was issued in November after neighbours reported the work to the MD.

MD bylaws allow one shipping container without a development permit for storage purposes on properties larger than 21 acres.

On March 23, Zimmerman applied to MD council for a site-specific amendment allowing him to use the Sea-Cans as part of a new building. He said he should be allowed to keep the containers on his property.

“I bought a bunch of Sea-Cans in May 2014 and I had them back behind my shed where nobody could see them,” said Zimmerman. “The new legislation came in December 2014 with only one Sea-Can on a property. I have $100,000 in these Sea-Cans. Are we not grandfathered for them?”

The MD does not require a development permit for farm buildings, so he decided to use the Sea-Cans to build a new shop for his farm. He intended to cover the containers in metal siding and cover them with a proper roof.

Zimmerman welded the Sea-Cans into a building frame where he had marked a potential outbuilding during his initial application for the development of his home.

“I don’t know what to do, I’m well inside the setbacks and I haven’t broken any laws,” said Zimmerman. “They all say I can’t stack Sea-Cans, but where is that written?”

MD council refused his application citing safety concerns, but Zimmerman is not convinced the building poses any threat.

“They weigh about 60,000 pounds to start with, so this building would be sturdy and safe to use this steel to build a foundation,” he said. “It’s stronger than anything in the MD, and I daresay I’ve got some of the strongest steel in America in this building.”

Coun. Jason Parker said it was not the steel of the Sea-Cans that caused concern among councillors, but the uncertainty of the sturdiness of the metal siding proposed to cover the building.

“With some of the big winds we get, like Chinook winds of 120 km/h or more, we had no idea on the safety aspect,” said Parker. “The last thing we want to do is put any of the adjacent residents in danger.”

He also cited current land-use bylaws, which don’t allow Zimmerman to keep so many Sea-Cans on his property without having a permit.

“I appreciate what he’s trying to do,” said Parker. “I know Sea-Cans are nice and secure when it comes to storage, but building with them is another story.”

Neighbour Gail Slack said she didn’t understand why council and other area residents were so focused on the fact the frame would be made of Sea-Cans.

“The fact it’s made of Sea-Cans I don’t think has anything to do with it,” said Slack. “It was going to be done in the same style as other steel clad outbuildings in the MD.”

She and her husband, and 17 area residents, had no objection to the application, she said, adding it would look like any other building and wasn’t any different than other structures constructed on farms.

As for the number of Sea-Cans on his land, Slack said she didn’t feel Zimmerman was acting against the land-use bylaw.

“I don’t think he was breaking any law because they weren’t Sea-Cans any more, they were part of a building,” she said. “I’m absolutely flummoxed as to why it wouldn’t be approved, why council wouldn’t allow this building to go up.”

Mayor Larry Spilak said the main reason for council’s decision was a lack of regulation. With no building code for using the metal containers as construction materials, he said, safety was of the utmost concern.

“Without proper building codes or engineering, and if they’re cutting up the doors of those Sea-Cans, there’s no guarantee the structural integrity of them hasn’t been compromised,” said Spilak. “There’s no guarantee that anyone walking around or inside that building wouldn’t be putting themselves in danger.

“We can’t approve something that doesn’t have a building code attached to it, it’s just that simple.”

Zimmerman disagreed with council saying no legislation exists for what can or cannot be used for building materials. He said the next step will likely be to go to court.

“I’ve spent so much time fighting with these guys, and I’m tired of it,” said Zimmerman. “I’ve got farming to do.”

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