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					                      Subdivision and                      Office of the City Clerk
                      Development Appeal Board             3rd Floor, City Hall
                                                           1 Sir Winston Churchill Square
                                                           Edmonton AB T5J 2R7
                                                           Telephone: 780-496-6079
0                                                          Fax: 780-496-8175


                                                           DATE: June 19, 2009
9128 – 66 Avenue NW                                        APPLICATION NO: 85921180-003
EDMONTON, AB T6E 0L5                                       FILE NO.: SDAB-D-09-086

          NOTICE OF DECISION OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD

This appeal dated May 6, 2009, from the decision of the Development Authority for permission
to:

Construct an uncovered rear deck with hot tub, (both) existing without permits

on Lot 19, Block 17, Plan 6045HW, located at 9128 – 66 Avenue, was heard by the Subdivision
and Development Appeal Board at its meeting held on June 4, 2009. The decision of the Board
was as follows:

SUMMARY OF HEARING:

                      “At the outset of the appeal hearing, the Chair confirmed with the parties
                      in attendance that there was no opposition to the composition of the panel.

                      The Board heard an appeal of the decision of the Development Authority
                      to refuse an application to construct an uncovered rear deck with hot tub,
                      (both) existing without permits, located at 9128 – 66 Avenue NW. The
                      subject site is zoned RF1 Single Detached Residential Zone and falls
                      within the Mature Neighbourhood Overlay. The application was refused
                      because of an excess in the maximum allowable projection of a Platform
                      Structure into a Side Yard that has a depth of less than 4.0 metres.

                      The Board heard from the Appellant, Keith Bowker, who provided the
                      following information:

                      1.     The existing deck was built to the east property line.
                      2.     A contactor was hired to construct the deck 17 years ago and it was
                             assumed that all of the required permits were obtained.
                      3.     They have decided to list their house for sale in June and have just
                             discovered that the deck does not have a permit.
SDAB-D-09-086                            2                             June 19, 2009

SUMMARY OF HEARING (CONTINUED):

                   4.     His neighbours have never complained about the existing deck.
                          He submitted two letters of support from his neighbours, including
                          the most affected neighbour to the east.

DECISION:

                   that the appeal be ALLOWED and the DEVELOPMENT GRANTED and
                   the excess of 0.6 metres in the maximum allowable projection of a
                   Platform Structure into the required Side Yard be permitted (Section
                   44.3(b) of the Edmonton Zoning Bylaw).

REASONS FOR DECISION:

                   The Board finds the following:

                   1.     The proposed development is an addition to a Permitted Use in the
                          RF1 Zone.
                   2.     The Appellant submitted letters of support from his neighbours,
                          including the most affected neighbour who resides immediately
                          east of the subject site.
                   3.     The deck and hot tub have existed for 17 years without complaint.
                   4.     Total Site Coverage is below the maximum allowable 40 percent in
                          the RF1 Zone.
                   5.     Based on the above, the proposed development will not unduly
                          interfere with the amenities of the neighbourhood, or materially
                          interfere with or affect the use, enjoyment or value of neighbouring
                          parcels of land.”

            IMPORTANT INFORMATION FOR APPLICANT/APPELLANT

1.   THIS IS NOT A BUILDING PERMIT. A Building Permit must be obtained
     separately from the Planning and Development Department, located on the 5th Floor,
     10250 – 101 Street, Edmonton.

2.   When an application for a Development Permit has been approved by the Subdivision
     and Development Appeal Board, it shall not be valid unless and until any conditions of
     approval, save those of a continuing nature, have been fulfilled.
SDAB-D-09-086                               3                             June 19, 2009

3.    A Development Permit shall expire and shall no longer be valid after one year from the
      date of approval of the Permit, if no construction has been initiated. However, if the
      permit holder is unable to proceed pending a court decision involving the proposed
      development, time shall not run until such proceedings are finally completed. For further
      information, refer to Section 22 of the Edmonton Zoning Bylaw, 12800.

4.    Notwithstanding clause (3) above, if a Building Permit is issued for the development
      within the twelve month period, the Development Permit issued therefore shall not lapse
      unless and until the Building Permit so issued is cancelled or allowed to lapse by virtue of
      work not having commenced within the statutory minimum period.

5.    If the Subdivision and Development Appeal Board is served with notice of an application
      for leave to appeal its decision under Section 688 of the Municipal Government Act,
      R.S.A. 2000, c. M-26, such notice shall operate to suspend the Development Permit.

6.    When a decision on a Development Permit application has been rendered by the
      Subdivision and Development Appeal Board, the enforcement of that decision is carried
      out by the Planning and Development Department, located on the 5th Floor, 10250 – 101
      Street, Edmonton.

NOTE: Citizens can call 311, 24-hours a day, every day of the year for access to City of
      Edmonton information, programs and services.




                                                   Ms. L. Parish, Chair
                                                   SUBDIVISION AND             DEVELOPMENT
                                                   APPEAL BOARD
                               SDAB-D-09-087
                         Application No. 85578476-001


An appeal by Helen Hucul VS Anthony and Janet Oostenbrink to construct
additions (Full Second Storey, Front Covered Veranda – 1.84 metres by 8.55
metres) and to construct exterior alterations to a Single Detached House on Lot 9,
Block 50, Plan 1843KS, located at 10625 – 69 Street NW, was WITHDRAWN.
                             SDAB-D-09-016
                        Application No. 79483201-001


An appeal by Nassem Hassam to construct an addition to a Single Detached House
and upper and lower decks, existing without permit on Lot 67, Block 20, Plan
7621558, located at 7514 – 183A Street NW, was TABLED to June 25, 2009.
                     Subdivision and                      Office of the City Clerk
                     Development Appeal Board             3rd Floor, City Hall
                                                          1 Sir Winston Churchill Square
                                                          Edmonton AB T5J 2R7
                                                          Telephone: 780-496-6079
0                                                         Fax: 780-496-8175


                                                          DATE: June 19, 2009
12550 – 72 Street NW                                      APPLICATION NO: 85101468-001
EDMONTON, AB T5B 1Y6                                      FILE NO.: SDAB-D-09-088

          NOTICE OF DECISION OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD

This appeal dated April 7, 2009, from the decision of the Development Authority for permission
to:

Continue to operate a Religious Assembly Building

on Lot 14A, Block H, Plan 7721436, located at 12550 – 72 Street, was heard by the Subdivision
and Development Appeal Board at its meeting held on June 4, 2009. The decision of the Board
was as follows:

SUMMARY OF HEARING:

                     “At the outset of the appeal hearing, the Chair confirmed with the parties
                     in attendance that there was no opposition to the composition of the panel.

                     The Board heard an appeal of the decision of the Development Authority
                     to refuse an application to continue to operate a Religious Assembly
                     Building, located at 12550 – 72 Street NW. The subject site is zoned IM
                     Medium Industrial Zone. The application was refused because a Religious
                     Assembly is neither a Permitted nor a Discretionary Use in the IM Zone.

                     The Chair clarified that the proposed Use as a Religious Assembly
                     Building is neither a Permitted nor Discretionary Use in the Medium
                     Industrial Zone and asked Mr. Dhir, Legal Counsel for the Appellant, to
                     address this issue. Mr. Dhir made the following points:

                     1.     Mr. Zuniga, Associate Pastor for the Church used a PowerPoint
                            presentation to address the zoning and land use matters.
SDAB-D-09-088                         2                              June 19, 2009

SUMMARY OF HEARING (CONTINUED):

                2.     The Church purchased the site in 1998 and was unaware that the
                       use as a Religious Assembly did not comply with the requirements
                       of the Land Use Bylaw.
                3.     It was his opinion that the Board has authority to approve this
                       development and noted that in 1980 the Development Appeal
                       Board approved a Religious Assembly from this location.
                4.     Subsequent appeals also continued to allow a Religious Assembly
                       to operate from this location.
                5.     The City of Edmonton has posted signage along nearby roadways
                       to provide directions to the Church.
                6.     The owners purchased the property in good faith as a Religious
                       Assembly assuming that the Use complied with the requirements
                       of the Zone.
                7.     It was his opinion that past Subdivision and Development Appeal
                       Boards allowed the Use as a Religious Assembly because it was
                       determined that it was an appropriate use for the zone.
                8.     The existence of the Church in this area has never been a problem
                       for any of the neighbouring businesses. It was his opinion that the
                       operation of a Church from this location is beneficial for the area
                       and helps reduce crime because the hours of operation are different
                       from those of the majority of businesses operating in the area.
                9.     It would be their preference that approval not be time limited but if
                       the Board chose to limit the approval it would provide additional
                       time for the Church to pursue the rezoning application.
                10.    The last permit for a Religious Assembly was issued in 1996 and
                       was approved for a period of one year. There is currently no
                       permit in place for the operation of a Religious Assembly because
                       that permit has expired.
                11.    It was confirmed that the proposed use is a Religious Assembly
                       which is not a listed Use in the Medium Industrial Zone.

                Mr. Zuniga, Associate Pastor, provided the following information:

                1.     Church services and activities usually occur on weekends;
                       however, the building is occasionally used during the week.
                2.     Approximately 150 to 200 people attend services at the Church.
                3.     A PowerPoint presentation was used to illustrate the parking
                       situation on the site. Parking takes place on the site, on the street,
                       as well as a nearby property which allows parishioners to use their
                       parking lot on Sundays.
SDAB-D-09-088                          3                             June 19, 2009

SUMMARY OF HEARING (CONTINUED):

                4.      Two letters of support from nearby businesses were submitted as
                        well as photographs of the directional signage posted by the City
                        of Edmonton.
                5.      It was confirmed that the Church has owned the property for ten
                        years. However they only became aware that the Use did not
                        comply with the Edmonton Zoning Bylaw when an application
                        was made to construct an addition to the building.
                6.      The planned renovations at the front of the building were to make
                        the building look more like a Church. However, it is unlikely that
                        the renovations will take place now.

                Mr. Cruz, a member of the Church Board, provided the following
                information:

                1.      He applied for the development permit for the proposed addition
                        and described the addition located at the front of the building.
                2.      He was unaware that the building did not comply with the Uses
                        listed in the Edmonton Zoning Bylaw.

                Mr. Dhir indicated that he had nothing further to add.

DECISION:

                that the appeal be DENIED and the decision of the Development Officer
                CONFIRMED

REASONS FOR DECISION:


                The Board finds the following:

                1.      The proposed Use is a Religious Assembly, pursuant to Section
                        7.8(13) of the Edmonton Zoning Bylaw.
                2.      A Religious Assembly is neither a Permitted nor a Discretionary
                        Use in the IM Medium Industrial Zone, pursuant to Section 420.2
                        and Section 420.3 of the Edmonton Zoning Bylaw.
                3.      The Board acknowledges the history of the site and the fact that the
                        Church has been operating from this site for some time. However,
                        based on the evidence provided, the Board does not have authority
                        to issue a development permit for this Use. Section 687.3(d)(ii) of
                        the Municipal Government Act, limits the jurisdiction of the Board
                        to situations where a use conforms to that prescribed for that land
SDAB-D-09-088                              4                              June 19, 2009


REASONS FOR DECISION (CONTINUED):

                            in the land use bylaw. There is no permitted or discretionary use in
                            the IM Zone that would encompass the use of Religious
                            Assembly.”

          IMPORTANT INFORMATION FOR APPLICANT/APPELLANT

1.   THIS IS NOT A BUILDING PERMIT. A Building Permit must be obtained
     separately from the Planning and Development Department, located on the 5th Floor,
     10250 – 101 Street, Edmonton.

2.   When an application for a Development Permit has been approved by the Subdivision
     and Development Appeal Board, it shall not be valid unless and until any conditions of
     approval, save those of a continuing nature, have been fulfilled.

3.   A Development Permit shall expire and shall no longer be valid after one year from the
     date of approval of the Permit, if no construction has been initiated. However, if the
     permit holder is unable to proceed pending a court decision involving the proposed
     development, time shall not run until such proceedings are finally completed. For further
     information, refer to Section 22 of the Edmonton Zoning Bylaw, 12800.

4.   Notwithstanding clause (3) above, if a Building Permit is issued for the development
     within the twelve month period, the Development Permit issued therefore shall not lapse
     unless and until the Building Permit so issued is cancelled or allowed to lapse by virtue of
     work not having commenced within the statutory minimum period.

5.   If the Subdivision and Development Appeal Board is served with notice of an application
     for leave to appeal its decision under Section 688 of the Municipal Government Act,
     R.S.A. 2000, c. M-26, such notice shall operate to suspend the Development Permit.

6.   When a decision on a Development Permit application has been rendered by the
     Subdivision and Development Appeal Board, the enforcement of that decision is carried
     out by the Planning and Development Department, located on the 5th Floor, 10250 – 101
     Street, Edmonton.
SDAB-D-09-088                           5                          June 19, 2009


NOTE: Citizens can call 311, 24-hours a day, every day of the year for access to City of
      Edmonton information, programs and services.




                                               Ms. L. Parish, Chair
                                               SUBDIVISION AND         DEVELOPMENT
                                               APPEAL BOARD
c.c.   Mr. Sandeep Dhir, Field LLP
       Ms. Lund, Field LLP
       Mr. Ismael Zuniga
       Mr. Abraham Zuniga

				
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