SUBDIVISION
AND
DEVELOPMENT APPEAL BOARD
AGENDA
Meeting No. 41CC/09 Thursday, 9:00 A.M.
October 15, 2009
Council Chambers
Second Floor, City Hall
2
Meeting No.: 41CC/09 Thursday, October 15, 2009
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
COUNCIL CHAMBERS
Page 1 of 2
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TO BE RAISED SDAB-D-09-225 Construct a Row I
9:00 A.M. Housing building and to
88026514-001 demolish the existing
building (four dwellings
– Native Counselling
Services of Alberta)
12026 – 125 Street
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BREAK – 10:30 A.M. TO 10:45 A.M.
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10:45 A.M. SDAB-D-09-251 Comply with a Stop II
80597918-002 Order to demolish all
Accessory Buildings that
do not have permits and
clear the site of all debris
by September 22, 2009
301 Grand Meadow
Crescent
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LUNCH BREAK – 12:45 P.M. TO 1:15 P.M.
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1:15 P.M. SDAB-S-09-007 Create three (3) industrial III
69136292-001 parcels from Lots 8-13,
Block 21, Plan 4983 AM,
presently combined on
the same certificate of
title
12833 – 54 Street
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TO BE RAISED SDAB-S-09-004 Create two (2) multiple IV
3:00 P.M. family bare land
72327213-001 condominium units
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SUPPER BREAK – 5:15 P.M. TO 5:45 P.M.
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Continued on Page 2
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Meeting No.: 41CC/09 Thursday, October 15, 2009
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
COUNCIL CHAMBERS
Page 2 of 2
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TO BE RAISED SDAB-D-09-215 Construct an addition to a V
5:45 P.M. General Industrial Use
72216727-012 building (Alliance Ready
Mix Dry Batch Plant)
12030 – 32 Street
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7:00 P.M. SDAB-D-09-252 Move on an Accessory VI
86997828-009 Building (One (1) Sea
Can Container), existing
without permits
22903 – 120 Avenue
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NOTE: Unless otherwise stated, all references to “Section numbers” in this Agenda
refer to the authority under the Edmonton Zoning Bylaw 12800.
4
Meeting No. 41CC/09 Thursday, October 15, 2009
TO BE RAISED I
ITEM I: 9:00 A.M. FILE: SDAB-D-09-225
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
BY AN ADJACENT PROPERTY OWNER
APPLICATION NO. 88026514-001.
DEVELOPMENT OFFICER’S DECISION DATE: August 19, 2009.
NOTICE OF APPEAL PERIOD: August 25, 2009 through September 7, 2009.
ADDRESS OF APPELLANT: 12030 – 125 street NW, Edmonton, AB T5L OS4.
DATE OF APPEAL: August 27, 2008.
ADDRESS OF RESPONDENT: 10975 – 124 Street NW, Edmonton, AB
T5M OH9.
APPLICATION FOR PERMISSION TO: Construct a Row Housing building
and to demolish the existing building
(four dwellings – Native Counselling
Services of Alberta).
ZONE: RF3 Low Density Development Zone.
LEGAL DESCRIPTION: Lot 7, Block 17, Plan RN64.
MUNICIPAL DESCRIPTION: 12026 – 125 Street NW.
__________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“APPROVED – The proposed development was approved, subject to the
following conditions:
The Basement elevation of structures of two or more Storeys in
Height shall be no more than 1.2 m above grade. The Basement
elevation shall be measured as the distance between Grade level
and the floor of the first Storey. Reference Section 814.3(12)
The development shall comply with the requirements contained
in the Airport Protection Overlay Schedules governing the height
of buildings and structures and with the requirements for
operation of the Alberta Government Telephones microwave
beams.
Reference Section 52(3)
cont’d….
5
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
The applicant is advised of the approved crime prevention design
guidelines contained in the Design Guide for a Safer City, such
as the layout and design of buildings and associated parking and
loading areas, yards and landscaped areas, to promote a safe,
well-lit physical environment. Reference Section 58
Any outdoor lighting for any development shall be located and
arranged so that no direct rays of light are directed at any
adjoining properties, or interfere with the effectiveness of any
traffic control devices. Reference Section 51
All required parking and loading facilities shall only be used for
the purpose of accommodating the vehicles of clients, customers,
employees, members, residents or visitors in connection with the
building or Use for which the parking and loading facilities are
provided, and the parking and loading facilities shall not be used
for driveways, access or egress, commercial repair work, display,
sale or storage of goods of any kind. Reference Section
54.1(1)(c)
Parking spaces for the disabled shall be provided in accordance
with the Alberta Building Code in effect at the time of the
Development Permit application and be identified as parking
spaces for the disabled through the use of appropriate signage, in
accordance with Provincial standards. Reference Section 54.1(3)
The off-street parking, loading and unloading (including aisles or
driveways) shall be hardsurfaced, curbed, drained and
maintained in accordance to Section 54.6.
All outdoor trash collection areas shall be located and screened
to the satisfaction of the Development Officer in accordance with
Sections 55.4(4) & (5).
Landscaping shall be in accordance to the approved Landscape
Plan, Section 55 and to the satisfaction of the Development
Officer.
cont’d….
6
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall submit
a grading plan that shows the elevation of the Site at each corner
of the Site before and after construction. Reference Section
52(4)
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall submit
a Site Plan that ensures that the maximum height shall be 1.0 m
for the portion of a fence that does extend beyond the foremost
portion or portions of the principal building on the Site.
Reference Section 49(1)(b)
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall submit
Site and Floor Plans that provide the information listed in
Section 13.2 of Zoning Bylaw 12800.
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall pay a
Lot Grading Fee of $400.00.
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall pay a
Sanitary Sewer Trunk Charge (SSTC) Fee of $3,068.00.
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall submit
an up-to-date plan of survey or real property report prepared and
signed by a Land Surveyor in the Province of Alberta. Reference
Section 13.1(3)
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall submit
Site/Floor Plans that ensure that the maximum Site Coverage of
the principle building does not exceed 28 percent.
cont’d….
7
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall submit
a Landscape Plan that provides ten trees and twenty-two shrubs
in accordance with subsection 55.8. The Landscape Plan shall
show the existing and proposed trees, shrubs, flower beds and
ground covers labelled by common name, cross-referenced with
a plant list identifying botanical name, quantity, size and method
of watering. Reference Sections 55.3 & 55.4(6)
PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDING
PERMIT REVIEW, the applicant or property owner shall
provide a guaranteed security to ensure that landscaping is
provided and maintained for two growing seasons. The
Landscape Security may be held for two full years after the
landscaping has been completed. This security may take the
following forms:
a) cash to a value equal to 100 percent of the established
landscaping costs; or
b) an irrevocable letter of credit having a value equivalent to 100
percent of the established landscaping costs.
Any letter of credit shall allow for partial draws. If the
landscaping is not completed in accordance with the approved
Landscape Plan(s) within one growing season after completion
of the development or if the landscaping is not well maintained
and in a healthy condition two growing seasons after completion
of the landscaping, the City may draw on the security for its use
absolutely. Reference Section 55.6
With only four units involved this site would receive manual
recycling and refuse collection from beside the alley at the rear
of the property. The site plan shows a waste set out location
adjacent to the alley and roughly 5 feet by 3 1/2 feet in size. This
set out area is inadequate for the waste volumes likely to be
generated by four 3 bedroom units especially during a move in or
move out event. I would recommend a 10 foot by 3 foot bag or
can stand located against
cont’d….
8
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
the south fence where tree no. 7 is currently shown as a more
reasonable arrangement. To provide an adequate width for a
walkway along the bag or can stand perhaps the 3 foot walkway
could be relocated to the south of the parking spaces. This will
reduce the risk of trying to move garbage cans through a tight
space beside a parked vehicle. Please forward a copy of the
revised site plan for review. Thank you for the opportunity to
provide feedback on this project. If you have any questions
please contact Ross Boutillier, Director of Business Planning,
Waste Management Branch, City of Edmonton at (780) 496-
6671.
Storm and sanitary Permanent Area Contributions (PACs) are
not applicable, since the property does not fall within any PAC
basins. Please contact Shariq Khan, Drainage Services, Private
Development, Asset Management and Public Works, City of
Edmonton at 780-496-5665.
Expansion Assessment is not applicable, since the property is not
within the assessable area. Please contact Shariq Khan, Drainage
Services, Private Development, Asset Management and Public
Works, City of Edmonton at 780-496-5665.
Sanitary Sewer Trunk Charge (SSTC) is applicable to the
property for 4 multi-family dwellings at $767/dwelling and a
credit of one existing single family dwelling. So the total
charges is 4 x $767 - $1,074 = $1,994. The number of dwelling
is based on the drawings submitted by Native Counselling
Services of Alberta. The SSTC charge should be paid to the
Planning and Development Department of the City of Edmonton
where the application for a development permit is made by the
applicant. SSTC rate is subject to adjustment at the end of the
year. The final applicable rate will be adjusted to the year in
which the SSTC payment is collected by the City. The
assessment is made based on information currently available to
the Department. Should such information change in the future, a
new assessment will have to be made. Comments
cont’d….
9
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
only relate to Permanent Area Contribution (PAC) and Sanitary
Servicing Strategy Fund (SSSF) assessment information. Further
comments may come from the Public Services section of the
Department. Please contact Shariq Khan, Drainage Services,
Private Development, Asset Management and Public Works,
City of Edmonton at 780-496-5665.
NOTES:
Signs require separate Development Applications.
A Building Permit may be required for any construction or
change in use of a building. For a building permit, and prior to
the Plans Examination review, you require construction drawings
and the payment of fees. Please contact our Customer
Information Centre at 780-496-3100 for further information.
An approved Development Permit means that the proposed
development has been reviewed against the provisions of this
bylaw. It does not remove obligations to conform with other
legislation, bylaws or land title instruments such as the
Municipal Government Act, the Edmonton Building Permit
Bylaw or any caveats, covenants or easements that might be
attached to the Site. Reference Section 5.2
The City of Edmonton does not conduct independent
environmental checks of land within the City. If you are
concerned about the suitability of this property for any purpose,
you should conduct your own tests and reviews. The City of
Edmonton, in issuing this Development Permit, makes no
representations and offers no warranties as to the suitability of
the property for any purpose or as to the presence or absence of
any environmental contaminant on the property.
Variances
Note: Variance granted pursuant to Section 11.3 and 11.4.
Subject to the right of appeal. Reference Section 21(1).
cont’d….
10
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
Section 140.3(11) relaxed – To allow for each Dwelling not
having Frontage on a public roadway.
Section 140.4(1)(c)(d) relaxed – The minimum required Site
Area is reduced from 700 square metres to 697 square metres.
Section 140.4(2)(c)(d) relaxed – The minimum required Site
Width is reduced from 22.0 metres to 15.2 metres.
Section 48 relaxed – Separation Space shall be provided in
accordance with the approved plans.”
__________________________________________________________________
APPELLANT’S SUBMISSION
“Concerns regarding high density in my quiet neighbourhood.
Loss of value of my property.
Transient concerns (not long-term residents – renters).”
__________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct a Row Housing building and to demolish the
existing building (four dwellings - Native Counselling Services of Alberta).
The site is located on the west side of 125 Street and is zoned RF3 Low Density
Development Zone, Section 140 of the Edmonton Zoning Bylaw. The site is
within the Mature Neighbourhood Overlay, Section 814.
NOTE: The Subdivision and Development Appeal Board, at its hearing held on
September 24, 2009, made and passed the following motion:
“that this appeal be tabled to October 15, 2009 at the verbal request
of the Respondent and in agreement with the Appellant.”
Section 687(3) states “in determining an appeal, the subdivision and
development appeal board
….
cont’d….
11
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
(d) may make an order or decision or issue or confirm the issue of a
development permit even though the proposed development does not
comply with the land use bylaw if, in its opinion,
(i) the proposed development would not
(A) unduly interfere with the amenities of the neighbourhood, or
(B) materially interfere with or affect the use, enjoyment or value
of neighbouring parcels of land,
and
(ii) the proposed development conforms with the use prescribed for
that land or building in the land use bylaw.”
Section 140.3(12) states Row Housing, except Semi-detached Housing, in
buildings of up to four Dwellings, each Dwelling having Frontage on a
public roadway, other than a Lane, is a Discretionary Use in the RF3
Zone.
Row Housing means development consisting of a building containing a
row of two or more Dwellings joined in whole or in part at the side only
with no Dwelling being placed over another in whole or in part. Each
Dwelling shall be separated from the one adjoining, where they are
adjoining, by a vertical Party Wall which is insulated against sound
transmission. Adjoining rooms may or may not be Habitable Rooms. Each
Dwelling shall have separate, individual, and direct access to grade. This
Use Class includes Semi-detached Housing. (Section 7.2(6))
This application was approved by the Development Officer subject to
several conditions.
Pursuant to Section 11.3 and 11.4 and subject to the right of appeal to the
Subdivision and Development Appeal Board, Section 21.1, the
Development Officer granted the following variances:
cont’d….
12
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
1. Section 140.3(12) states Row Housing, except Semi-detached
Housing, in buildings of up to four Dwellings, each Dwelling having
Frontage on a public roadway, other than a Lane, is a Discretionary
Use in the RF3 Zone. The Development Officer has allowed that the 3
Dwellings do not have Frontage on a public roadway.
2. Section 140.4(1)(c) and (d) states the minimum Site area shall be 200
square metres for each Row Housing end Dwelling that is not a Semi-
detached Dwelling and 150 square metres for each Row Housing
internal Dwelling. The minimum required Site Area is 700 square
metres, proposed is 697 square metres and a variance of 3.0 square
metres was granted.
3. Section 140.4(2)(c) and (d) states the minimum Site width shall be 6.0
metres for each Row Housing end Dwelling that is not a Semi-
detached Dwelling and 5.0 metres for each Row Housing internal
Dwelling. The minimum required Site width is 22 metres, proposed is
15.2 metres, and a variance of 6.8 metres was granted.
4. Section 140.4(9) states Separation Space shall be provided between
two or more Dwellings or portions thereof on the same Site in
accordance with Section 48. The Development Officer has provided
that Separation Space shall be provided in accordance with the
approved plans.
The Development Officer identifies below another variance that the Site
Coverage is 198.69 square metres, allowable Site Coverage based on the
Site Area of 696.77 square metres is 195.10 square metres, for an excess
of 3.6 square metres in Site Coverage.
Included under “DOCS” in the Planning Department POSSE System, on
August 19, 2009 the Development Officer provided the following:
Low Density Development (RF3) Zone:
Row Housing, except Semi-detached Housing, in buildings of up to
four dwellings, each Dwelling having Frontage on a public
roadway, other than a Lane is a discretionary use in the RF3 Zone.
Reference Section 140.3(11)
cont’d….
13
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Proposed: Four Dwellings of row housing. Not all dwellings have
frontage on a public roadway
140.4 Development Regulations for Permitted and
Discretionary Uses:
1. Section 140.4(1) - The minimum Site area shall be provided as
follows:
c) 200 square metres for each Row Housing end Dwelling that is
not a Semi-detached Dwelling;
d) 150 square metres for each Row Housing internal Dwelling;
Proposed:
Two end dwellings x 200.0 square metres= 400.0 square metres
Two internal dwellings x 150.0 square metres = 300.0 square
metres
Required: 700.0 square metres
Proposed: 696.8 square metres
Deficient: 3.23 square metres
2. Section 140.4(2) - The minimum site width shall be provided as
follows:
c) 6.0 metres for each Row Housing end Dwelling that is not a
Semi-detached Dwelling;
d) 5.0 metres for each Row Housing internal Dwelling; and
Proposed:
Two end dwellings x 6.0 metres = 12.0 metres
Two internal dwellings x 5.0 metres = 10.0 metres
Required: 22.0 metres
Proposed: 15.24 metres
Deficient: 6.76 metres
3. Section 140.4(3) - The minimum Site depth shall be 30.0 metres;
Required: 30.0 metres
Proposed: 45.7 metres
cont’d….
14
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
4. Section 140.4(4) - The maximum Height shall not exceed 10.0
metres nor 2 1/2 Storeys.
Proposed: 7.21 metres and 2 storeys
5. Section 140.4(5) - The maximum total Site Coverage shall not
exceed 40 percent, with a maximum of 28 percent for a principal
building and a maximum of 12 percent for Accessory Buildings.
Where a Garage is attached to or designed as an integral part of a
Dwelling, the maximum for the principal building is 40 percent.
Proposed:
Site Area: 696.77 square metres
Principle Building:
Main Floor: 198.69 square metres/696.77square metres = 0.29
Accessory buildings: n/a
Allowable: 28 percent
Proposed: 29 percent
Exceeds: 1 percent
6. Section 140.4(6) - The minimum Front Yard shall be 6.0 metres
Required: 6.0 metres
Proposed: 6.0 metres
7. Section 140.4(7) - The minimum Rear Yard shall be 7.5 metres,
except in the case of a corner Site it shall be 4.5 metres.
Required: 7.5 metres
Proposed: 15.2 metres
8. Section 140.7(8) - Side Yards shall be established on the
following basis:
cont’d….
15
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
a) Side Yards shall total at least 20 percent of the Site Width, but
the requirement shall not be more than 6.0 metres with a minimum
Side Yard of 1.2 metres except that the minimum Side Yard for
buildings over 7.5 metres in Height shall be 2.0 metres:
Proposed:
Site Width: 15.2 metres x 0.2 = 3.0 metres
Required: 1.2 metres
Proposed:
Right: 1.5 metres
Left: 1.5 metres
9. Section 140.4(9) - Separation Space shall be provided between
two or more Dwellings or portions thereof on the same Site in
accordance with Section 48 of this Bylaw, except that it shall not
be required between a Garage Suite and the associated principal
Dwelling on the same Site.
Proposed: one building proposed on the site. No garage suited
associated with the principle dwelling on the same site
10. Section 140.4(10) - Notwithstanding the Landscaping
regulations of Section 55 of this Bylaw, where new development
consists of replacement or infill within areas of existing housing,
Landscaping shall be implemented as a component of such new
development in order to replace vegetation removed during
construction or to reinforce an established Landscaping context in
the area.
Proposed: Landscaping has been implemented as a component of
the development in order to replace vegetation removed during
construction and to reinforce the established Landscaping context
in the area.
11. Section 140.4(11) - Except where Semi-detached Housing,
Duplex Housing, Secondary Suites and Garage Suites are allowed
in this Zone, and may thereby constitute two Dwellings on a lot, a
maximum of one Dwelling per lot shall be allowed.
Proposed: Semi-detached Housing, Duplex Housing, Secondary
Suites and Garage Suites are allowed in this zone.
cont’d….
16
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
12. Section 140.4(12) - Secondary Suites shall comply with Section
86 of this Bylaw.
Proposed: secondary suite not proposed
13. Section 140.4(13) - Signs shall comply with the regulations
found in Schedule 59A.
Proposed: in development permit conditions
140.5 Additional Development Regulations for Discretionary
Uses
2. Section 140.5(2) -The Development Officer shall have regard to
the following guidelines when exercising discretion in considering
applications for Stacked Row Housing and Apartment Housing:
Proposed: Stacked Row Housing includes Row Housing
a) the Use is compatible with the siting, Grade elevations, and
Height of surrounding development;
Proposed: the applicant has submitted a context plan that shows the
use is compatible with the siting, grade elevation and height of
surrounding development
b) the Side Lot Line abuts a Site zoned for an Industrial,
Commercial, or Urban Service Zone or a Residential Zone where
Single Detached Housing is not a Permitted Use, or is not
separated from it by a public roadway more than 10.0 metres
wide;
Proposed: site Side Lot Line abuts a Residential Zone with
Single Detached Housing is a permitted use. Reference Section
140.5(2)(b)
c. the Site is a Corner Site or is adjacent to a Site containing a
Row Housing, Stacked Row Housing or Apartment Housing
development; and
Proposed: interior site adjacent to Single Detached Housing
cont’d….
17
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
d. the Use does not substantially affect privacy of adjacent
properties.
Proposed: when considered against other applications the proposed
building should not substantially affect the privacy of the adjacent
properties. The semi-circular configuration limits direct viewing
onto the adjacent site.
3. Section 140.5(3) - Garage Suites shall comply with Section 87 of
this Bylaw.
Proposed: a Garage Suite has not been proposed
Section 814 Mature Neighbourhood Overlay:
Section 814.2(1) - Area of Application This Overlay applies to all
Sites zoned RF1, RF2, RF3, RF4 and RF5 within the areas shown
on the Appendix to this Overlay.
Proposed: RF3 zone within the areas shown on the Appendix to
this Overlay
1. Section 814.3(1) - The minimum Front Yard shall be consistent
with the Setback of development on adjacent Sites and with the
general context of the block face, but shall not be less than 3.0
metres and the principal building shall be located at or within 1.0
metres of the Front Yard. Separation Space shall be reduced to
accommodate the Front Yard requirement where a Principal Living
Room Window faces directly onto a local public roadway, other
than a Lane.
Proposed: 6.0 metres – minimum front yard for RF3 Zone
2. Section 814.3(2) - A single Storey Unenclosed Front Porch or
Veranda may project a maximum of 2.0 metres into a required
Front Yard, provided that a minimum of 3.0 metres is maintained
between the front property line and the projected space and that
the Height of the front porch or veranda does not exceed one
Storey.
Proposed: Unenclosed Front Porch projects 1.2 metres into the
required Front Yard.
cont’d….
18
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
3. Section 814.3(3) - A single Storey Unenclosed Porch or Veranda
may project a maximum of 2.0 metres into a required Side Yard
abutting a flanking public roadway other than a Lane, providing
there is at least 1.5 metres between the property line and the
projected space and that the Height of the Porch or Veranda does
not exceed one Storey.
Proposed: no abutting flanking public roadway
Section 814.3(4) - Where the underlying Zone allows Semi-
detached or Row Housing development, the following shall apply:
Proposed: the RF3 Zone allows for these uses
a) the identity of individual Semi-detached or Row Housing
Dwellings shall be defined through the use of architectural
features that may include such things as individual rooflines or
roofline features, projection or recession of the façade, individual
porches or entrance features and other treatments;
Proposed: the identity of individual Semi-detached or Row
Housing Dwellings is defined through the use of architectural
features that include such things as individual rooflines or roofline
features, projections and recession of the facades, individual
porches or entrance features and other treatments
b) there shall be continuous frontage of Dwellings along the Site
Frontage; and
Proposed: continuous frontage of Dwellings is provided along the
Site Frontage
c) each Dwelling, with street frontage shall have an entrance that
fronts onto the street.
Proposed: the dwelling with street frontage has an entrance that
fronts onto the street
cont’d….
19
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
5. Section 814.3(5) - On Corner Lots the façades of a structure that
face the front and flanking public roadways shall have consistent
design elements, in terms of building materials and architectural
features.
Proposed: interior site
6. Section 814.3(6) - Each Dwelling that is adjacent to a public
roadway other than a Lane, shall have an entrance door or
entrance feature such as a front porch, deck or landing area, at the
front of the structure and oriented to the roadway.
Proposed: front porch provided
7. Section 814.3(7) - There shall be no vehicular access from the
front or flanking public roadway where an abutting Lane exists,
and
Proposed: vehicular access provided from the rear lane
a. Treed Landscaped Boulevard is present along the roadway
adjacent to the property line; or
Proposed: vehicular access provided from the rear lane
b. the Site Width is less than 15.5 metres.
Proposed: vehicular access provided from the rear lane
8. Section 814.3(8) - If vehicular access is provided from the
fronting public roadway, a Garage may protrude a maximum of
1.0 metres beyond the front wall of the principal building and have
a maximum width of 7.3 metres or 35 percent of the Site Width,
whichever is less. In no case shall the Garage be located less than
3.0 metres from the front property line.
Proposed: vehicular access is provided by the rear lane
9. Section 814.3(9) - The maximum Height shall not exceed 8.6
metres nor 2 1/2 Storeys.
Allowable: 8.6 metres and 2 ½ Storeys
Proposed: 7.21 metres and 2 Storeys
cont’d….
20
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
10. Section 814.3(10) - The Floor Area of the upper half Storey of
a 2 1/2 Storey building shall not exceed 50 percent of the
structure’s second Storey Floor Area.
Proposed: half storey not proposed
11. Section 814.3 (11) - When a structure is more than 7.5 metres
in Height,
a) dormers shall be recessed from the exterior walls of the
structure;
Proposed: dormers not proposed
b) there shall be no dormer or gable roof on the side of the
structure where a Side Yard is less than 2.0 metres; and
Proposed: flat roof
c) notwithstanding clauses (a) and (b), above, an exception shall
be made to allow a dormer that accommodates a stairwell to the
upper 1/2 Storey, provided that the dormer does not exceed the
width of the stairway and that it provides only the minimum
required headroom for a staircase, as outlined in the Alberta
Building Code.
Proposed: no dormers proposed
12. Section 814.3(12) - the Basement elevation of structures of two
or more Storeys in Height shall be no more than 1.2 metres above
grade. The Basement elevation shall be measured as the distance
between Grade level and the floor of the first Storey.
Allowable: 1.2 metres
Proposed: 1.2 metres, condition of approval
13. Section 814.3(13) - Where the Site Width is 12.0 metres or less,
Proposed: 15.24 metres
cont’d….
21
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
a) the minimum for each interior Side Yard shall be 12 metres,
regardless of building Height;
Required: 1.2 metres
Proposed: 1.5 metres
b) the minimum Side Yard abutting a flanking public roadway,
other than a Lane, shall be 1.5 metres;
Proposed: no flanking public roadway
c) on a corner Site where the building fronts on a flanking public
roadway, other than a Lane, the minimum Side Yard abutting the
flanking public roadway shall be 3.0 metres, and
Proposed: interior site
d) Separation Space shall be reduced to accommodate the Side
Yard requirements.
Proposed: Separation Space not required as only one building
proposed
14. Section 814.3(14) - Where the Site Width is greater than 12.0
metres and less than 18.3 metres, the Side Yard requirements of
the underlying Residential Zone shall apply.
Proposed: Site Width is 15.2 metres. The Side Yard requirements
of the RF3 Zone apply to the proposed development.
Required: 1.2 metres
Proposed:
Right: 1.5 metres
Left: 1.5 metres
16. Section 814.3(16) - Where a structure is two or more Storeys in
Height and an interior Side Yard is less than 2.0 metres, the
applicant may be required to provide information regarding the
location of windows and Amenity Areas on adjacent properties,
and the windows of the proposed development shall be located to
minimize overlook into adjacent properties.
cont’d….
22
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Proposed: It is the opinion of the Development Officer that these
windows are not in excess of what is normally seen Single
Detached Housing developments.
17. Section 814.3(17) - The minimum Rear Yard shall be 40
percent of Site depth. Row Housing not oriented to a public
roadway, is exempt from this Overlay requirement.
Proposed:
Site Depth: 45.72 metres x 0.4 = 18.29 metres
Required: 18.3 metres
Proposed: 15.2 metres. Proposed row housing units extend
lengthwise and only one dwelling is oriented to the public
roadway. The proposed development is not required to comply
with this requirement
18. Section 814.3(8) - Decks and balconies greater than 1.0 metres
above grade may project up to 3.0 metres into the Rear Yard,
provided that privacy screening prevents visual intrusion into
adjacent properties.
Required Rear Yard: 7.5 metres
Proposed Rear Yard: 15.2 metres
Proposed Projection into Yard: does not project into rear yard
19. Section 814.3(9) - The minimum distance from the Rear Lot
Line to a detached Garage where the vehicle doors face the Lane
shall be 1.2 metres
Proposed: no detached garage proposed
20. Section 814.3(20) - A rear detached Garage shall be fully
contained within the rear 12.8 metres of the Site.
Proposed: no rear detached garage proposed
21. Section 814.3(21) - A principal building shall be separated
from a rear-detached Garage by a minimum of 3.0 metres.
Proposed: no rear detached garage proposed
cont’d….
23
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
22. Section 814.3(22) - The Development Officer shall have regard
for any applicable Statutory Plan and may where a Statutory Plan
specifies, notwithstanding subsection 11.4 of this Bylaw, vary the
regulations of both this Overlay and the underlying Zone as they
affect Height, Density and Floor Area Ratio. In all cases, the
variances shall be within the ranges specified in the Statutory
Plan. In all such cases, the application shall be a
Class B Development Permit and the pre-application consultation
provisions shall apply.
Proposed: Development Officer has the discretion to vary the
Height, Density and Floor Area ratio as specified in the Statutory
Plan. Pre-application consultation provision shall apply. There is
no applicable Statutory plan governing the development of this
area.
23. Section 814.3(23) - Where an application for a Development
Permit does not comply with the regulations contained in this
Overlay:
a. the applicant shall contact the affected parties, being each
assessed owner of land wholly or partly located within a distance
of 60.0 metres of the Site of the proposed development and the
President of each affected Community League, at least 21 days
prior to submission of a Development Application;
b. the applicant shall outline, to the affected parties, any requested
variances to the Overlay and solicit their comments on the
application;
c. the applicant shall document any opinions or concerns,
expressed by the affected parties, and what modifications were
made to address their concerns; and
d. the applicant shall submit this documentation as part of the
Development Application.
Proposed: the application is consistent with the requirements of the
Mature Neighbourhood Overlay.
cont’d….
24
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Section 48 Separation Space:
1. Section 48.1(1) - Where required in any Zone, any residential or
residential-related development shall provide Separation Space in
accordance with this Section 48.
Proposed: residential zoned, Section 140.4(9) applies
2. Section 48.1(2) - Except as provided for elsewhere in this
Section 48, the Separation Space shall be contained fully within
the Site of the proposed development unless otherwise specified in
the applicable Land Use Zone.
Proposed: Separation Space is fully contained with in the Site
3. Section 48.1(3) - The minimum Separation Space in front of any
windows, entry or similar opening shall be applied along the full
length and height of the exterior wall of the room in which the
particular opening or window is located, and it shall be measured
horizontally outward from, and at right angles to, that exterior
wall.
Proposed: Separation Space requirements applied along the full
length and height of the exterior wall
4. Section 48.1(4) - Except as provided for elsewhere in this
Section, the specified Separation Space shall be free of buildings
and public roadways.
Proposed: Separation Space is fee of buildings and public
roadways
5. Section 48.1(5) - The minimum separating distance between two
Dwellings shall be equal to the sum of the minimum Separation
Spaces for the opposite windows and openings, except as provided
in subsection 48.3(2) and Section 48.4(2).
Proposed: no windows are facing each other. One building
proposed
cont’d….
25
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
6. Section 48.1(6) - In the event that buildings are not parallel, or
diagonal views between opposite windows and openings in
different Dwellings become critical, the Separation Space
requirements may be increased or reduced by the Development
Officer.
Proposed: one building proposed
8. Section 48.1(7) - Notwithstanding these regulations, the
Development Officer may exercise variance power to reduce
Separation Space where other design solutions offer equivalent
daylight, sunlight, ventilation, quiet, visual privacy and views.
Proposed: separation space relaxed in accordance with the
approved plans
9. A required Separation Space may be provided wholly or partly
within a required Yard.
Proposed: separation space relaxed in accordance with the
approved plans
Section 48.2 Principal Living Room Window:
1. Section 48.2(1) - In front of a Principal Living Room Window, a
Separation Space, with a minimum depth of 7.5 metres or half the
height of any wall opposite the said Window, whichever is greater,
to a maximum of 10.0 metres shall be provided.
Proposed: separation space relaxed in accordance with the
approved plans
2. Section 48.2(2) - The following facilities or activity areas may
be located within a required Separation Space adjacent to a
Principal Living Room Window where a Privacy Zone of at least
4.5 metres is provided between the window and facility/activity
area: local public roadway including a Lane; walkway; on-site
roadway; on-site parking area; on-site Amenity Area; and
Accessory buildings.
Proposed: separation space relaxed in accordance with the
approved plans
cont’d….
26
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
This Privacy Zone shall be measured from the window to the
nearest edge of the specified activity area. For local public
roadways, the Privacy Zone shall be measured from the Window to
the edge of the sidewalk or to the space reserved for a future
sidewalk.
3. Section 48.2(3) - Where the sill of a Principal Living Room
Window is at least 2.0 metres above the elevation of the exterior
area immediately outside the Window for a distance of at least
4.5 metres out from the Window, no minimum Privacy Zone is
required.
Proposed: separation space relaxed in accordance with the
approved plans
Section 48.3 Habitable Room Window:
1. Section 48.3(1) - In front of a required Habitable Room Window
other than the Principal Living Room Window, a Separation
Space, with a minimum depth of 5.0 metres or half the height of
any wall opposite the said Window, whichever is greater, to a
maximum of 7.5 metres shall be provided.
Proposed: separation space relaxed in accordance with the
approved plans
2. Section 48.3(2) - Where a Habitable Room Window on a
building of two Storeys or less directly faces a Blank Wall of an
adjacent building also of two Storeys or less, the minimum
separating distance may be reduced to 3.0 metres.
Proposed: separation space relaxed in accordance with the
approved plans
3. Section 48.3(3) - The following facilities or activity areas may
be located within a required Separation Space adjacent to a
Habitable Room Window where a Privacy Zone of at least
4.5 metres is provided between the window and facility/activity
area: local public roadway including a Lane; walkway; on-site
cont’d….
27
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
roadway; on-site parking area; on-site Amenity Area; and
Accessory buildings. This Privacy Zone shall be measured from the
window to the nearest edge of the specified activity area. For local
public roadways, the Privacy Zone shall be measured from the
Window to the edge of the sidewalk or to the space reserved for a
future sidewalk.
Proposed: separation space relaxed in accordance with the
approved plans
4. Section 48.3(4) - where Habitable Room Windows face onto
exterior corridors or access ways for Dwellings located above
grade, the Development Officer may modify the Privacy Zone
requirements of clause (3) above.
Proposed: separation space relaxed in accordance with the
approved plans
5. Section 48.3(5) - Where the sill of a Habitable Room Window is
at least 2.0 metres above the elevation of the exterior area
immediately outside the Window for a distance of at least
3.0 metres out from the Window, no minimum Privacy Zone is
required.
Proposed: separation space relaxed in accordance with the
approved plans
48.4 Non-habitable Room Windows, Non-required Habitable
Room Windows, Entries and Blank Walls:
1. Section 48.4(1) - In front of a Non-habitable Room Window, a
Non-required Habitable Room Window, an Entry or a Blank Wall,
a Separation Space with a minimum depth of 1.2 metres plus
0.3 metres for each additional Storey above the first Storey to a
maximum of 3.0 metres shall be provided.
Proposed: separation space relaxed in accordance with the
approved plans
cont’d….
28
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
2. Section 48.4(2) - Where two Blank Walls face one another, the
required minimum Separation Space shall be calculated from only
one of the Blank Walls. Where the two Blank Walls are of different
heights, the Separation Space shall be calculated from the Blank
Wall having the greater
Proposed: separation space relaxed in accordance with the
approved plans
…
Section 54.2, Schedule 1 -Vehicular Parking Requirement
Section 54.2, Schedule 1(1) – Stacked Row Housing (1.75 parking
spaces per thee or more bedroom dwelling plus one parking space
per 7 dwellings for visitor parking):
Row Housing (4 dwellings – three bedrooms each):
3 bedrooms: 1.75 parking spaces x 4 dwellings = 7
Vistior Parking: 4 dwellings <7 dwellings per space = 0
Allowable Tandem Parking: 7-4 = 3
Required: 7
Proposed: 7, two tandem
Included under “Justification” in the Planning and Development POSSE
System dated August 19, 2009, the Development Officer has provided the
following information:
Hardship to grant variances in order to approve the development
can be considered based on the character of the building and the
situation of the adjacent RF3 Zoned properties. The building is
semi-circular and extends lengthwise across the property. The
adjacent site to the east is developed with single detached housing,
whereas the west property is proposed to be developed into the
mirror image in the future but currently is developed.
The block consists of Single Detached and Duplex Housing. The
orientation of the development decreases it massing when viewed
cont’d….
29
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
from the public roadway, appearing as one dwelling instead of
four, and the development complies with the regulations of the
Mature Neighbourhood Overlay. It is the opinion of the
Development Officer that the proposed development should not
unduly interfere with the amenities of the neighbourhood; or
materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
The following permit applications are listed in the Planning and
Development POSSE System:
Application Description Decision
424080-001 Compliance Certificate November 7, 1995; This is to
advise you that the building
(Single Detached House)
indicated on the Real Property
Report dated October 27, 1995
and signed by T. P. Chan, Alberta
Land Surveyor, complies with the
yard regulation governing RF3 -
Low Density Redevelopment
District.
The Accessory Building
(detached garage) shown on the
subject document does NOT
comply with the following yard
regulations of Section 61.3
(Accessory Buildings in
Residential Districts):
- Section 61.3(4)(b) requires that
an Accessory Building or
Structure shall be located not less
than 0.9 metres (3.0 feet) from
the Side Lot line.
cont’d….
30
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-225
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Description Decision
424080-001 However, the building is NON-
Continued CONFORMING pursuant to
Section 643(1) of the Municipal
Government Act
_________________________________________________________________
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal
Board issue its official decision in writing within fifteen days of the conclusion of
the hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the
verbal decision is not final nor binding on the Board until the decision has been
given in writing in accordance with the Municipal Government Act.
__________________________________________________________________
31
SURROUNDING LAND USE DISTRICTS
Site Location File: SDAB-D-09-225
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
32
Meeting No. 41CC/09 Thursday, October 15, 2009
II
ITEM II: 10:45 A.M. FILE: SDAB-D-09-251
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 80597918-002.
DEVELOPMENT OFFICER’S DECISION DATE: September 9, 2009.
ADDRESS OF APPELLANT: 301 Grand Meadow Crescent, Edmonton, AB, T6L 1W9.
DATE OF APPEAL: September 21, 2009.
APPLICATION FOR PERMISSION TO: Comply with a Stop Order to
demolish all Accessory Buildings that
do not have permits and clear the site
of all debris by September 22, 2009.
ZONE: RF1 Single Detached Residential Zone.
LEGAL DESCRIPTION: Lot 22, Block 5, Plan 7721465.
MUNICIPAL DESCRIPTION: 301 Grand Meadow Crescent.
__________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REGISTERED
September 9, 2009 Our File: 80597918-002
301 Grand Meadow Crescent NW
Edmonton, Alberta T6L 1W9
Dear Sir/Madam:
A check with the Land Titles Office discloses that you are the registered owner(s)
of the property located at 301 Grand Meadow Crescent NW, legally described as
Plan 7721465, Block 5, Lot 22.
LAND USE INFRACTION:
This property is zoned RF1 (Single Detached Residential Zone) in accordance
with Section 110 of the Edmonton Zoning Bylaw. Our investigation revealed that
there are several accessory buildings on the property without Development
Permits. The City of Edmonton has not issued a development permit in respect to
this use, which is contrary to Section 683 of the Municipal Government Act,
R.S.A. 2000, c.M-26.1.
cont’d….
33
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
ORDER:
Pursuant to Section 645 of the Municipal Government Act, R.S.A. 2000, YOU
ARE HEREBY ORDERED TO: Demolish all Accessory Buildings that do
not have permits and clear the site of all debris, by September 22, 2009.
CONSEQUENCES FOR NON-COMPLIANCE:
In the event that a person fails to comply with an Order issued under Section 645,
Section 646 of the Municipal Government Act authorizes the City to enter on the
land and take any action necessary to carry out the Order. Section 553(1)(h.1) of
the Act provides that the costs and expenses of carrying out an order may be
added to the tax roll of the property and Section 566(1), subject to subsection (2),
a person who is found guilty of an offence under this Act is liable to a fine of not
more that $10,000.00 or to imprisonment for not more than one year, or to both
fine and imprisonment.
The property will be inspected randomly to determine compliance with this
Order.
Failure to comply will result in action as prescribed in Section 646.
YOU ARE HEREBY NOTIFIED that if the Accessory Buildings are not
demolished & the site cleared of all debris by September 22, 2009, the City will
carry out the Order pursuant to Section 646 by removing all Accessory
Buildings that do not have permits, and all costs and expenses in doing so will
be added to the tax roll pursuant to Section 553(1)(h.1) of the Municipal
Government Act R.S.A. 2000.
Following are Sections 553, 645, 646, 683, 685 and 686 of the Municipal
Government Act, R.S.A. 2000, c.M-26.1, which provides you with the right to
appeal this Order and enables the City to add all costs associated with this action
to the tax roll of the property.
cont’d….
34
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
If you have any questions in regards to this matter, please contact Glenn
Alexander, at 496-5394.
Yours truly,
Glenn Alexander
Planning Technician
Permitting & Licensing
Current Planning Branch
The City of Edmonton”
__________________________________________________________________
APPELLANT’S SUBMISSION
“A. Order is unreasonable. Execution deadline is shorter than appeal period.
What if I win my appeal? The tents would be gone already.
B. Health issues. My arthritis flared up and resulted in slower progress than
expected and my mother was hospitalized in August. I cannot remove a tent
until it is empty.
C. Order is harassment by proxy. Yet another complaint by a neighbour whose
OWN yard is rife with bylaw and development violations. But I don’t report
him, or others in order to try and keep the peace and prevent an escalation of
hostilities.
D. Order is inconsistent with violation notice of June 3. Notice cites “finishing
materials ,,, not satisfactory”. Order cites “accessory buildings on the
property without development permits”. TENTS are NOT buildings, and
being temporary structures, without foundations, ALL my “accessory
buildings” (garage and a large shed) HAVE permits so what “buildings” is
the order referring to?
E. Order is discriminatory. Other tents, nuisance, weed and land use violations
in the neighbourhood go unenforced. What is good for the goose is good for
the gander. It is not my fault that I have the bad luck to have a neighbour
who complains about the most minor things (like my van blocking the
sidewalk by 18 inches). Should all the other violators in the neighbourhood
suffer because of my whining neighbour?
cont’d….
35
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
APPELLANT’S SUBMISSION (CONTINUED)
F. The tents are erected so as to block my neighbours’ view of my yard and my
view of his, until such time as he removes his junk and multiple unregistered
motor vehicles.
Additional documentation and photos will be provided at the hearing.”
__________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to appeal a Stop Order to demolish all accessory buildings that
do not have permits and clear the site of all debris, by September 22, 2009.
The site is located on the south side of Grand Meadow Crescent, north of 38
Avenue and west of 62 Street and is zoned RF1 Single Detached Residential
Zone, Section 110 of the Edmonton Zoning Bylaw 12800.
NOTE: Section 6.1(2) states Accessory means, when used to describe a Use or
building, a Use or building naturally or normally incidental, subordinate,
and exclusively devoted to the principal Use or building, and located on
the same lot or Site.
Section 12.2(3) states that a single Storey Accessory Building not greater
than 10.0 square metres in Floor Area does not require a Development
Permit.
Section 6.1(74) indicates Storey means that portion of a building, which is
situated between the top of any floor and the top of the floor next above it.
If there is no floor above, the Storey is the portion of the building, which
is situated between the top of any floor and the ceiling above it. If the top
of the floor directly above a Basement is more than 1.83 metres above
grade, such Basement shall be considered a Storey for the purpose of this
Bylaw.
Under Section 50.3(3)(a), the Site Coverage of Accessory Buildings, with
or without a Garage Suite, or Structures shall not exceed 12 percent.
cont’d….
36
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Under Section 50.3(4)(b), an Accessory Building or Structure shall be
located not less than 0.9 metres from the Side Lot Line.
Under Section 50.3(4)(c), an Accessory Building or Structure shall be
located not less than 0.9 metres from a principal building.
Under Section 50.3(4)(d), an Accessory Building or Structure which
exceeds 1.85 metres in Height shall be located at not less than 0.6 metres
from the Rear Lot Line.
Section 645 of the Municipal Government Act states:
645(1) Despite section 545, if a development authority finds that a
development, land use or use of a building is not in accordance with
(a) This Part or a land use bylaw or regulations under this Part, or
(b) A development permit or subdivision approval,
the development authority may act under subsection (2).
(2) If subsection (1) applies, the development authority may, by
written notice, order the owner, the person in possession of the land or
building or the person responsible for the contravention, or any or all
of them, to
(a) Stop the development or use of the land or building in whole or
in part as directed by the notice,
(b) Demolish, remove or replace the development, or
(c) Carry out any other actions required by the notice so that the
development or use of the land or building complies with this
Part, the land use bylaw or regulations under this Part, a
development permit or a subdivision approval,
within the time set out in the notice.
cont’d….
37
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
(3) A person who receives a notice referred to in subsection (2)
may appeal to the subdivision and development appeal board in
accordance with section 685.
Section 687(3) states “in determining an appeal, the subdivision and
development appeal board
….
(c) may confirm, revoke or vary the order, decision or development permit
or any condition attached to any of them or make or substitute an
order, decision or permit of its own;
(d) may make an order or decision or issue or confirm the issue of a
development permit even though the proposed development does not
comply with the land use bylaw if, in its opinion,
(i) the proposed development would not
(A) unduly interfere with the amenities of the neighbourhood, or
(B) materially interfere with or affect the use, enjoyment or value
of neighbouring parcels of land,
and
(ii) the proposed development conforms with the use prescribed for
that land or building in the land use bylaw.”
The following permit applications are listed in the Planning and
Development POSSE System:
Application Description Decision
80597918-002 Violation Notice June 3, 2009 – An inspection of
the noted property revealed that
there are three Accessory
Structures (Portable Garages)
constructed in the Rear Yard.
…..
These structures must be removed
by Tuesday, September 2, 2009
….
cont’d….
38
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Description Decision
1045776-001 To construct an November 2, 2004 – Approved
Accessory with the following conditions:
Building (3.05 1. An accessory building or
metres by 6.1 structure shall not exceed 3.7 m
metres nor one storey in height.
shed/workshop) (Reference Section 6.1(33) and
50.3(2).)
2. Eave projections shall not
exceed 0.46 m into required yards
or Separations spaces less than
1.2 m. (Reference Section
44.1(a))
3. The shed shall not be used for
motor vehicle storage.
1015215-002 STOP ORDER - September 27, 2001 – STOP
SDAB-D-01-305 Remove all ORDER UPHELD AND TO BE
structures (lean-to COMPLIED WITH BY
sheds and the NOVEMBER 30, 2001
freestanding shed)
which exists
without
Development and
Building Permits
1015215-001 STOP ORDER July 16, 2001 – ISSUED
NOTE: August 30, 2001 - Spoke
with Mr. Rolf at length about this
Order/problem. He believes that
the 1995 SDAB decision includes
the lean-to (fiberglass covered)
between the house and P/L and
cont’d….
39
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Description Decision
1015215-001 the shed which has the ashpalt
Continued shingles on it. I explained that
the decision states SHED not
SHEDS therefore one of these is
not included in the ruling and
must be removed. All other
covered structures against the
fence have never been approved -
his argument is that they are
below height and do not require a
development permit therefore
cannot be included in this Order.
I advised Mr. Rolf that he should
appeal the Order and have the
SDAB rule on everything that
exists on his yard - He agreed to
do so. Mr. Rolf stated that all of
these complaints are just his
neighbour continuing the
neighbourhood dispute - I advised
him that we had to deal with
what's on the site not the fact that
this was a dispute between two
neighbours. - Glen Franchuk
August 30, 2001 - 10:25 hrs. -
Copy of 1995 SDAB ruling faxed
to Owner in order for him to
appeal. -
cont’d….
40
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Description Decision
431962-001 To construct an February 14, 1996 – Approved
Accessory subject to the following
Building conditions:
(Detached Garage 1. an accessory building or
32 feet by 22 feet) structure SHALL NOT exceed
3.7 m (12.0 ft) nor one
storey in height. (Reference
Section 9.1(28) and 61.3(2).)
2. Eave projections shall not
exceed 0.46 m (1.5ft.) into
required yards or
Separations spaces less than 1.2m
(4ft.). (Reference Section 54(1).)
416916-002 To construct an September 28, 1995 – Appeal
DAB/95-220 addition to a ALLOWED and the development
Single Detached GRANTED and the deficiency in
House (side side property line for the storage
canopy), shed shed and the excess in height and
(4.57 metres by distance to property line for the
2.44 metres) – satellite dishes be waived, subject
both existing to the condition that the lean-to
without permits canopy (side addition to property
and 2 satellite line) be made to comply with the
dishes. Land Use Bylaw forthwith.
cont’d….
41
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-251
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Description Decision
416916-001 To construct an August 31, 1995 - Refused
addition to a
Single Detached
House (side
canopy), shed
(4.57 metres by
2.44 metres) –
both existing
without permits
and 2 satellite
dishes.
__________________________________________________________________
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal
Board issue its official decision in writing within fifteen days of the conclusion of
the hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the
verbal decision is not final nor binding on the Board until the decision has been
given in writing in accordance with the Municipal Government Act.
__________________________________________________________________
42
SURROUNDING LAND USE DISTRICTS
Site Location File: SDAB-D-09-251
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
43
Meeting No. 41CC/09 Thursday, October 15, 2009
III
ITEM III: 1:15 P.M. FILE: SDAB-S-09-007
AN APPEAL FROM THE DECISION OF THE SUBDIVISION AUTHORITY
APPLICATION NO.: 69136292-001. LDA07-0305
SUBDIVISION AUTHORITY’S DECISION DATE: September 11, 2009.
ADDRESS OF APPELLANT: 12833 – 54 Street, Edmonton, AB, T5A 0C1.
DATE OF APPEAL: September 19, 2009.
APPLICATION FOR PERMISSION TO: Create three (3) industrial parcels
from Lots 8-13, Block 21, Plan 4983
AM, presently combined on the same
certificate of title.
ZONE: IM Medium Industrial Zone and IB Industrial Business Zone.
LEGAL DESCRIPTION: Lots 8 – 13, Block 21, Plan 4983 AM.
MUNICIPAL DESCRIPTION: 12833 – 54 Street.
__________________________________________________________________
SUMMARY
This application for subdivision is to create three industrial parcels.
The proposed subdivision is located north of 128 Avenue on the east side of 54
Street and is within Kennedale Industrial Area Structure Plan, under Bylaw 6401,
adopted by City Council on April 14, 1981.
The site is zoned IB Industrial Business Zone, Section 400 on the north portion of
the proposed subdivision and IM Medium Industrial Zone, Section 420 on the
south portion of the property. The proposed most northern lot is 20.12 metres by
37.49 metres in size, the proposed middle lot is 21.62 metres by 37.49 metres in
size and the southern most lot is 18.62 metres by 37.49 metres in size.
This subdivision was approved by the Subdivision Authority subject to a number
of conditions.
The owner is appealing the conditions of the approval.
With the information in the Planning and Development Department’s POSSE
system, is a letter dated July 4, 2007 from Blair McDowell, Subdivision Officer,
Planning and Development to Mr. Bharpur Singh Grewal, that states the
following:
cont’d....
44
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-S-09-007
1:15 P.M.
SUMMARY CONTINUED
Although you may own Lots 8 through 13, they are considered one parcel
of land. Section 616(s) of the Municipal Government Act defines a parcel
of land “as the aggregate of the one or more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan
filed or registered in a land titles office.”
It is unfortunate that the lots have been combined on the same certificate
of title, but the only way to create a separate title (or titles) for the purpose
of sale, is to do so through the subdivision process.
ATTACHMENTS:
1. Letter of approval from the Subdivision Authority dated September 11,
2009.
2. Maps.
The following permit applications are listed in the Planning and Development
POSSE System:
Application Description Decision
38952499-001 To create three (3) new December 1, 2005; CLOSED
SO/04-0015 lots from six (6)
existing lots that are May 31, 2004; Approved subject
presently combined on to the following conditions:
the same certificate of 1. that the owner enter into a
title Municipal Improvement
Agreement with the City of
Edmonton for the construction of
a 1.5 metres concrete sidewalk
along the east side of 54 Street
and a curb ramp at the south east
corner of 129 Avenue and 54
Street. …;
2. that the owner remove the
existing fence which currently
encroaches the north/south alley
cont’d....
45
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-S-09-007
1:15 P.M.
SUMMARY CONTINUED
Application Description Decision
38952499-001 between 128 Avenue and 129
SO/04-0015 Avenue to the satisfaction of the
Continued Transportation and Streets
Department;
….
34124279-001 Compliance Certificate September 2, 2003; In response to
your letter dated August 12, 2003,
this is to advise you that the
building (Single Detached House)
indicated on the Real Property
Report dated August 12, 2003,
and signed by D.J. Hagen,
Alberta Land Surveyor, complies
with the yard regulations
governing IM (Medium
Industrial) Zone.
You are further advised that a
Single Detached House is not a
listed use and is neither permitted
nor discretionary in the IM Zone.
The building's use as a Single
Detached House is NON-
CONFORMING pursuant to
Section 643 of the Municipal
Government Act, however, as per
Sections 643(2) and 643(3) of the
Municipal Government Act:
cont’d....
46
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-S-09-007
1:15 P.M.
SUMMARY CONTINUED
Application Description Decision
34124279-001 "643(2) A non-conforming use of
Continued land or a building may be
continued but if that use is
discontinued for a period of 6
consecutive months or more, any
future use of the land or building
must conform with the land use
bylaw then in effect.
(3) A non-conforming use of
part of a building may be
extended throughout the building
but the building, whether or not it
is a non-conforming building,
shall not be enlarged or added to
and no structural alterations shall
be made to it or in it."
The Accessory Building
(detached garage) shown on the
subject document complies with
the yard regulations of Section
50.2 (Accessory Buildings in
Non-Residential Zones).
You are advised that the FENCE
encroaches onto the LANE.
Pursuant to the City Streets
Development Control Bylaw, No.
12513, a Permit via an
Encroachment Agreement is
required for any unauthorized
development within the road
right-of-way.
cont’d....
47
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-S-09-007
1:15 P.M.
SUMMARY CONTINUED
Application Description Decision
955871-001 To operate a Minor November 14, 2000; Approved
Home Occupation with conditions
(Gravel Trucking)
__________________________________________________________________
APPELLANT’S SUBMISSION
“I am paying for 5 different taxes from the day I bought the property. I am not
building anything just dividing. My neighbour is putting a new building and no
one has built sidewalks.”
__________________________________________________________________
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal
Board issue its official decision in writing within fifteen days of the conclusion of
the hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the
verbal decision is not final nor binding on the Board until the decision has been
given in writing in accordance with the Municipal Government Act.
__________________________________________________________________
48
SURROUNDING LAND USE DISTRICTS
Site Location File: SDAB-S-09-007
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
49
Meeting No. 41CC/09 Thursday, October 15, 2009
IV
TO BE RAISED
ITEM IV: 3:00 P.M. FILE: SDAB-S-09-004
AN APPEAL FROM THE DECISION OF THE SUBDIVISION AUTHORITY
APPLICATION NO.: 72327213-001.
SUBDIVISION AUTHORITY’S DECISION DATE: June 12, 2009.
ADDRESS OF APPELLANT: 1050, 10405 Jasper Avenue NW, Edmonton, AB
T5J 3N4.
DATE OF APPEAL: June 23, 2009.
APPLICATION FOR PERMISSION TO: Create two (2) multiple family bare
land condominium units.
ZONE: DC2.710(A) Site Specific Direct Control Provision.
LEGAL DESCRIPTION: Lot 6, Block 20, Plan 072 8076.
MUNICIPAL DESCRIPTION: 6607 – 96 Street.
__________________________________________________________________
SUMMARY
This application is to create two multiple family bare land condominium units.
The site is located between 66 Avenue and 68 Avenue and between 94 Street and
96 Street. The site is zoned DC2.710 Site Specific Development Control
Provision, Section 720. The DC2.710 was approved by City of Edmonton
Council on December 1, 2007 under Bylaw No. 14639.
NOTE: The Subdivision and Development Appeal Board, at its hearing held on
September 10, 2009, made and passed the following motion:
“that this appeal be tabled to October 15, 2009 at the written
request of Legal Counsel for the Appellant and in agreement with
the Subdivision Authority”
On July 23, 2009, the Subdivision and Development Appeal Board made
and passed the following motion:
“that the appeal be TABLED to September 10, 2009, at the written
request of the Subdivision Authority and with the consent of the
Appellant .”
cont’d….
50
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-S-09-004
3:00 P.M.
SUMMARY CONTINUED
On July 2, 2009, the Subdivision and Development Appeal Board made
and passed the following motion:
“that the appeal be scheduled on July 23, 2009.”
This is an approved subdivision application where one of the conditions of
approval has been appealed. The condition that is being appealed is
Section 1 of the decision, that the owner provide money-in-place of
Municipal Reserve, in the amount of $950, 653.60 pursuant to Section 666
and Section 667 of the Municipal Government Act, R.S.A. 2000, C. M-26.
According to the DC2.710.2, Area of Application, the total area is 5.66
hectares. The DC2 area is divided into two areas: Area A is 2.36 hectares
and Area B is 3.30 hectares. A tentative plan submitted by IBI Geomatics
Inc., dated June 9, 2009, shows that Unit 1 (Area B) has an area of 3.22
hectares and Unit 2 (Area A) has an area of 2.36 hectares.
ATTACHMENTS:
I Letter of approval dated June 12, 2009 by the Subdivision
Authority;
II Maps.
The following permit applications are listed in Planning and
Developments POSSE System:
Application Description Decision
Number
72326563-001 Application for June 12, 2009; Application
LDA07-0480 Subdivision withdrawn by Applicant –
decided to create site as a
bare land unit under File
No. LDA07-0481
75164113-001 To construct Apartment December 18, 2008;
Housing, suitable for Approved with conditions
Seniors (5 buildings -
264 dwelling units) and
to relocate eight existing
Row Housing buildings.
cont’d….
51
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-S-09-004
3:00 P.M.
SUMMARY CONTINUED
Application Description Decision
Number
27538380- Application to amend December 7, 2007; Signed
003 the Zoning Bylaw from and passed
RF5 to DC2
__________________________________________________________________
APPELLANT’S SUBMISSION
“We wish to appeal Condition No.1 in regards to cash in lieu. We believe that
this has already been dealt with in this neighbourhood.
Should you have any questions, please contact the undersigned.”
__________________________________________________________________
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal
Board issue its official decision in writing within fifteen days of the conclusion of
the hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the
verbal decision is not final nor binding on the Board until the decision has been
given in writing in accordance with the Municipal Government Act.
__________________________________________________________________
52
DC2
(710)
(A)
SURROUNDING LAND USE DISTRICTS
Site Location File: SDAB-S-09-004
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
53
Meeting No. 41CC/09 Thursday, October 15, 2009
V
TO BE RAISED
ITEM V: 5:45 P.M. FILE: SDAB-D-09-215
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 72216727-012.
DEVELOPMENT OFFICER’S DECISION DATE: August 13, 2009.
ADDRESS OF APPELLANT: P.O. Box 21, Site 6, R.R.1, St. Albert, AB, T8N 1M8.
DATE OF APPEAL: August 25, 2009.
APPLICATION FOR PERMISSION TO: Construct an addition to a General
Industrial Use Building (Alliance
Ready Mix Dry Batch Plant).
ZONE: IM Medium Industrial Zone.
LEGAL DESCRIPTION: Lot 10, Block 2, Plan 8023189.
MUNICIPAL DESCRIPTION: 12030 – 32 Street NE.
__________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development is refused for the following reason:
The maximum building Height shall not exceed 18 metres.
Reference Section 420.4(4).
Proposed: 22.4 metres
Excessive by: 4.4 metres”
__________________________________________________________________
APPELLANT’S SUBMISSION
“With respect to the building height being excessive by 4.4 metres (total height of
22.4 metres), this is a 3.7 metres wide by 8.8 metres long by 22.4 metres high
unoccupied silo structure detached from the main building and is typical for
concrete ready mix organization plants. The height is to ensure flow ability and
storage of cementitious materials required for this facility. The silo is located
approximately in the centre of our 65 metres by 104 metres lot and does not
adversely affect the neighbouring lots.”
__________________________________________________________________
cont’d….
54
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-215
5:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct a General Industrial Use building and Accessory
concrete production structures (concrete batching facility).
The site is located on the west side of 32 Street NE north of 120 Avenue NE and
is zoned IM Medium Industrial Zone, Section 420.
NOTE: The Subdivision and Development Appeal Board, at its meeting held on
September 17, 2009, made and passed the following motion:
“that SDAB-D-09-215 be tabled to October 15, 2009 at the written
request of Legal Counsel for the Appellant.”
Section 420.2(5) states that a General Industrial Use is a Permitted Use in
the IM Medium Industrial Zone.
Section 7.5(2) states General Industrial Uses means development
used principally for one or more of the following activities:
a. the processing of raw materials;
b. the manufacturing or assembling of semi-finished or finished goods,
products or equipment;
c. the cleaning, servicing, repairing or testing of materials, goods and
equipment normally associated with industrial or commercial
businesses or cleaning, servicing and repair operations to goods and
equipment associated with personal or household use, where such
operations have impacts that would make them incompatible in Non-
industrial Zones;
d. the storage or transshipping of materials, goods and equipment;
e. the distribution and sale of materials, goods and equipment to
institutions or industrial and commercial businesses for their direct use
or to General Retail Stores or other sales Use Classes defined in this
Bylaw for resale to individual customers; or
f. the training of personnel in general industrial operations.
cont’d….
55
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-215
5:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Any indoor display, office, technical or administrative support areas or
any retail sale operations shall be Accessory to the General Industrial Use
activities identified above. The Floor Area devoted to such Accessory
activities shall not exceed 33 percent of the total Floor Area of the
building(s) devoted to the General Industrial Use, except that this
restriction shall not apply where a significant portion of the industrial
activity naturally and normally takes place out of doors.
The Development Officer may approve as an Accessory Use in this Zone,
a facility that is intended to provide temporary sleeping accommodation
for employees and if so the following shall apply:
i. the Applicant shall, in all cases, conduct a Phase 1 Environmental
Site Assessment in accordance with the Canadian Standards
Association Guide Z-768-94, as amended from time to time (ESA)
and submit those results as part of the application;
ii. if the Phase 1 ESA indicates potential contamination, further
consideration of the application shall be suspended and the
applicant shall conduct a Phase 2 ESA and the Development
Officer shall share the results of the Phase 2 ESA with Alberta
Environment (or its successor) and the Capital Health Authority
(or its successor);
iii. taking into account the advice of Alberta Environment and the
Capital Health Authority and all other relevant factors, the
Development Officer shall determine whether a Phase 3 ESA is
required; and
iv. the Development Officer shall not issue a Development Permit for
this Accessory Use until the Applicant has demonstrated that the
required Phase 3 ESA has been completed.
The Applicant must demonstrate that the proposed Accessory Use is not
larger than is necessary to support industrial activities on the Site and that
the design and layout are not suitable for use as permanent
accommodation. The Development Officer shall not approve as an
Accessory Use in a facility that is suitable for use as a permanent
residence.
cont’d….
56
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-215
5:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
This Use Class includes vehicle body repair and paint shops. This Use
Class does not include Major Impact Utility Services and Minor Impact
Utility Services or the preparation of food and beverages for direct sale to
the public.
Section 420.4(4) states that the maximum Building Height shall be
18.0 metres, proposed is 22.4 metres and exceeds the maximum allowable
by 4.4 metres.
Section 420.4 states the following:
1. The maximum Floor Area Ratio shall be 2.0.
2. A minimum Yard of 3.0 metres shall be required where any lot line
of a Site abuts a public roadway, other than a Lane. If any lot line
of the Site abuts a property line of a Residential Zone, a minimum
Yard of 6.0 metres shall be required.
3. No parking, loading, storage, trash collection, outdoor service or
display area shall be permitted within a required Yard.
4. The maximum Building Height shall be 18.0 metres.
5. Signs shall comply with the regulations found in Schedule 59G.
Included under “Justification” in the Planning and Development POSSE
System dated August 13, 2008, the Development Planner has provided the
following information:
Section 11.4(2) states that "except as otherwise provided in this
Bylaw, there shall be no variance from maximum Height, Floor
Area Ratio and Density regulations, and the regulations specified
in the Airport Protection Overlay;"
The following permit applications are listed in the Planning and
Development POSSE System:
cont’d….
57
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-215
5:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Description Decision
Number
72216727-001 To constructAugust 10, 2009; Approved
a
with conditions and variance:
General Industrial use
building Variance
(Alliance
Red-Mix) Section 7.5(2) relaxed – the
maximum floor area devoted
to accessory from 33 percent
to 38 percent
72216727-010 To construct a January 13, 2009; Appeal
SDAB-D-09-008 General Industrial use WITHDRAWN
building and
Accessory concrete
production structures
(concrete batching
facility)
72216727-001 To construct a September 25, 2008; Refused
General Industrial use
building and
Accessory concrete
production structures
(concrete batching
facility)
__________________________________________________________________
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal
Board issue its official decision in writing within fifteen days of the conclusion of
the hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the
verbal decision is not final nor binding on the Board until the decision has been
given in writing in accordance with the Municipal Government Act.
__________________________________________________________________
58
SURROUNDING LAND USE DISTRICTS
Site Location File: SDAB-D-09-215
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
59
Meeting No. 41CC/09 Thursday, October 15, 2009
VI
ITEM VI: 7:00 P.M. FILE: SDAB-D-09-252
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 86997828-009.
DEVELOPMENT OFFICER’S DECISION DATE: September 11, 2009.
ADDRESS OF APPELLANT: 18067 – 107 Avenue, Edmonton, AB, T5S 1K3.
DATE OF APPEAL: September 22, 2009.
APPLICATION FOR PERMISSION TO: Move on an Accessory Building (One
(1) Sea Can Container), existing
without permits.
ZONE: RR Rural Residential Zone.
LEGAL DESCRIPTION: Lot 3, Block 4, Plan 7521598.
MUNICIPAL DESCRIPTION: 22903 – 120 Avenue NW.
__________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development is refused for the following reason:
In all non-industrial developments, the design and use of exterior
finishing materials shall be to the satisfaction of the Development
Officer who shall ensure, as far as reasonably practicable, that
materials shall be used that ensure that the standard of the
proposed buildings and structures shall be similar to, or better than,
the standard of surrounding development. Reference Section
57.2(1).”
__________________________________________________________________
APPELLANT’S SUBMISSION
“The existing accessory building (18 feet by 40 feet Sea Can Container) does not
in our view detract from the general appearance of the neighbourhood and is in a
relatively obscure part of our 3 acre lot. If the container is permitted to remain on
our property, we will without delay have the container painted to match the trim
colour on our house.
The intended use of the container is for storage.”
__________________________________________________________________
cont’d….
60
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-252
7:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to move on an Accessory Building (One (1) Sea Can
Container), existing without permits.
The site is located on the south side of 120 Avenue east of 231 Street and is zoned
RR Rural Residential Zone, Section 240. The site is within the Yellowhead
Corridor Area Structure Plan, under Bylaw 7044 (as amended), adopted by City
Council in April, 1983.
NOTE: Section 240.1 states tht the purpose of the RR Rural Residential Zone is to
provide for Single Detached Residential development of a permanent
nature in a rural setting, generally without the provision of the full range
of urban utility services. The RR Zone is intended to regulate rural
residential development within existing rural residential subdivisions that
existed prior to the passage of this Bylaw, and is not intended to facilitate
future rural residential development and subdivision, which is contrary to
the Municipal Development Plan.
Section 6.1(2) indicates Accessory means, when used to describe a Use or
building, a Use or building naturally or normally incidental, subordinate,
and exclusively devoted to the principal Use or building, and located on
the same lot or Site.
Section 616(a.1) of the Municipal Government Act states the definition of
“building” includes anything constructed or placed on, in, over or under
land, but does not include a highway or road or a bridge that forms part of
a highway or road.
Section 57.2(1) indicates in all non-industrial developments, the design
and use of exterior finishing materials shall be to the satisfaction of the
Development Officer who shall ensure, as far as reasonably practicable,
that materials shall be used that ensure that the standard of the proposed
buildings and structures shall be similar to, or better than, the standard of
surrounding development.
cont’d….
61
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-252
7:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
The plan shows an existing Detached Garage, a Single Detached dwelling
and the subject sea can container that is located 1.5 metres to the west of
the existing Detached Garage and 12.1 metres east of the principal
dwelling. The plan shows that the Detached Garage is located 131.0
metres from the front property line and 1.0 metres from the east side
property line. The application form indicates that the sea can storage
container is 2.44 metres (8.0 feet) by 12.19 metres (40.0 feet) in size, for a
total area of 29.73 square metres or 320 square feet.
The following permit applications are listed in the Planning and
Development POSSE System:
Application Description Decision
86997828-002 Violation Notice June 23, 2009; An inspection of
the above noted property by this
Department revealed that four (4)
Seacan containers have been
placed on site for which,
according to our records, no
development permit has been
issued.
….
You must obtain development
and building permit approval for
the Seacan containers on site or
remove the Seacan containers
from the site. If some action has
not been taken to rectify the
situation by July 24, 2009, the
City of Edmonton will issue fines
and /or pursue enforcement under
the provisions of the Municipal
Government Act, R.S.A. 2000. …
cont’d….
62
Meeting No. 41CC/09 Thursday, October 15, 2009
FILE: SDAB-D-09-252
7:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Description Decision
91276-001 To construct August 11, 1992; Approved with
an
Accessory conditions:
Building
….
(detached garage) (7.92
metres by The storage/shop area is to be
12.19
metres) used for personal use only. The
building shall not be used for any
Business Activity or storage
thereof.
68235-001 To construct a single September 11, 1990; Approved
detached house with with conditions
front access garage and
fireplace
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NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal
Board issue its official decision in writing within fifteen days of the conclusion of
the hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the
verbal decision is not final nor binding on the Board until the decision has been
given in writing in accordance with the Municipal Government Act.
__________________________________________________________________
63
SURROUNDING LAND USE DISTRICTS
Site Location File: SDAB-D-09-252
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
64
Meeting No. 41/09 Thursday, October 15, 2009
BUSINESS LAID OVER
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SDAB-D-09-129 An appeal by Leonard and Irene Genest to comply with a Stop Order to
dismantle/demolish the 2.44 metres by 9.17 metres (approximately)
addition abutting the site.
October 22, 2009
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SDAB-D-09-248 An appeal by Donald Oborowsky to operate a Major Home Based
Business (Management Consulting)
October 22, 2009
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SDAB-D-09-229 An appeal by Timberstone Builders to construct an addition to an existing
Single Detached House (front attached garage and basement swimming
pool room with stairwell to main floor at north end)
October 29, 2009
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SDAB-D-09-135 An appeal by Paul Lamba to operate a General Industrial Use (Trucking
Yard)
October 29, 2009
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SDAB-D-09-243 An appeal by Raimond Fung Architects Ltd. to construct a Spray Dryer
Tower addition to an exisxting General Industrial Use Building
November 12, 2009
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SDAB-S-09-005 An appeal by Mammoet 13320 – 33 Street NE Ltd. to create two lots
approximately 18.5 hectares each
February 4, 2010
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