Music venue in rezoning tiff with province says it's standing up for all home-based businesses

The owner of The Manse, a music venue in Marshfield, P.E.I., says he's been ordered to seek a zoning change for his property from residential to commercial — and he worries other home-based businesses may face a similar fate.  

The Manse, originally built for and used by a Presbyterian church minister, made its debut as a music venue in January 2019.

Tim Archer, who owns The Manse and lives on site with his partner, says a staff member with the Department of Housing, Land and Communities told him last week he couldn't keep running the venue the way he has been. 

"I'm not allowed to run this business any longer in a residential zoning," said Archer. "[They told me they] were ordering a compliance order against the property that no further business could be conducted at the former Music at the Manse site."

This week the province denied Archer was told he would have to shut down his business, but said he would have to apply to change the use of his property.

Either way, Archer said he's decided to continue operating as before, that to do otherwise could set a bad precedent for other Islanders with home-based businesses.

"I'm standing up for all small businesses," he said. "If I was to back down and let them force us [closed], that sends a strong message to other small businesses that you could potentially be in trouble too."

What is a home-based business?

Zoning and property use is outlined in the province's Planning Act. Outside of major municipalities, permits and approvals are handled by the province's Department of Housing, Land and Communities.

To me, this is what Prince Edward Island was built on.​​​— Tim Archer, owner of The Manse

The Planning Act lists three criteria for a home-based business and says owners must meet all three to operate legally. 

They are: 

• The building must be used as a home primarily, and business use must be secondary.
• Someone living in the home full-time must also run the business. 
• The home-based business can't take up more than half of the square footage of the home. 

Over the last four years, The Manse has been licensed and certified by several provincial bodies including the Public Health Office, the Fire Marshals Office and the P.E.I. Liquor Control Commission. It also has an active business licence from the province. 

"To me, this is what Prince Edward Island was built on," said Archer. "This is where I live. This is not where I come and turn a key and work a business. This is where I come to entertain and to share my home with all of you."

Neighbouring support

Archer says owners of neighbouring businesses support him. Mike Klomp is among them. 

Klomp lives one kilometre down the road and runs a business called Woodcrafters Corner out of his home. His property is also zoned residential. 

"This is going to affect everyone. It's not just Tim and myself; we have a lot of people with small businesses — all over P.E.I.," said Klomp. "If you hit one, you hit all."

Klomp built his home, studio and workshop in Marshfield about three years ago and made sure everything was above board. He knew the rules for larger municipalities. 

"When I built it, I made sure that I could put out a shingle before I even started," said Klomp. "I asked the fella where we got the [building] permit... I asked the realtor, I asked a lot of people about what I could do because I wanted to make sure — because in different areas, I couldn't.

"But they said because I was so far away from the city line, I would be able to do that here."

Province provides statement

A spokesperson for the Department of Housing, Land and Communities said Minister Rob Lantz was out of the province and did not provide an interview.

The department sent CBC News a statement denying anyone told Archer to close The Manse and apply for commercial rezoning.

The statement said Archer's business "requires a change of use application" and added that officials were willing to work with him.

The province didn't explain why this is an issue now, after the business has been up and running for four and a half years.

The statement also said because The Manse falls within the Charlottetown Special Planning Area, Archer would also need to work with the city to bring his venue in line with regulations. 

Tax implications

A change of use application is different from a zoning change. It's a simpler process involving a single form and a fee, but both processes have tax implications, says the Canadian Federation of Independent Business.

The conflict comes as Archer was preparing to relaunch for the season. He is changing the focus of the venue and relaunching as a smaller music and fine dining space for 2023, starting in mid-July. 

The once-orange building is now blue. Capacity is being dropped from 50 to about 25 people, said Archer. Instead of programming seven nights a week, he plans on doing no more than three or four. 

"We were really going flat out and that's when I realized that it wasn't the small business that I had started anymore. It was becoming a my whole life," said Archer. "Sometimes you have to step back from something, reinvent yourself."