This article was previously published on GuelphToday.
Mary Rife got the biggest and best surprise late Thursday afternoon.
Rife – who many around the city know as Guelph’s bike lady – was told she would be getting her $1,900 back after a committee of adjustment decision.
She had to pay the money to the city to file a variance application to continue repairing and selling bikes out of her Arkell Road home, an endeavour that has resulted in thousands of dollars going to charity.
“I was very proud of my son because he spoke well. I actually did not expect to get the money back, but I was very pleasantly surprised,” Rife told GuelphToday after the decision was made.
That surprise came after the report, where city staff recommended not to give the refund.
“While it is acknowledged that the applicant encountered an unfortunate situation, and the applicant has indicated that the minor variance was required to further the charitable work, the submitted request does not demonstrate that it would be unreasonable to require the applicant to pay an application fee,” the report said.
“The application fee ensures that costs are recovered for the time and materials required to review, prepare and circulation committee of adjustment applications.”
Rife said she understood the position of the city report, but is happy the committee unanimously went against staff’s recommendation.
The money itself came from the pot of money originally destined for the Stephen Lewis Foundation.
Her son, Jake Branch, spoke in Rife’s place Thursday.
He argued that while the city provided a service that needs to be paid for, the whole situation could have been avoided if the city’s inspector did their due diligence and determined no harm was being caused and moved on.
“Instead, that inspector chose to follow the letter of the law, and not the spirit that it was intended,” he said.
“That decision is what is costing us all.”
Branch told the committee about the Stephen Lewis Foundation, and the good that has been done with the money Rife has donated through the bike repairs over the last 14 years.
He also brought up the many volunteers Rife has been able to mentor through this, teaching mechanical skills.
The entire situation came about after a single complaint was filed. Rife was shut down as of Oct. 19.
“A zoning inspector would go inspect when a complaint is received, and zone inspectors either work with the owner to bring the property into compliance or offer the minor variance option,” said zoning inspector Kelly Patzer.
“It’s not just something that they can ignore.”
Rife argues it isn’t the first time she has had an encounter with a bylaw officer over her charitable hobby.
Someone filed a complaint a couple years ago, questioning what she was doing.
Rife went to the nearby bible chapel, who insisted they write a letter to the city. Rife said the city showed that letter to the complainant back then, outlining the work she is doing, and the complaint was withdrawn.
Rife noted this new complainant, whose identity hasn't been publicly released, did not show up to last month’s committee meeting.
Up to this point, she is still not sure who filed the complaint, but doesn’t believe it was a nearby neighbour, pointing out the 120 letters of support filed with the variance request.
Many of those letters also called for the $1,900 refund.
The money will head for the Stephen Lewis Foundation, which helps AIDS and HIV-related grassroots projects in Africa.
Rife estimates over $100,000 has been raised through her bike repairs and sales in the last four years.
“It’s much needed money, and it’ll go far and I’m so just eternally grateful that the city had compassion and did the right thing,” Rife said.
“Best Christmas present ever.”
