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					                     SUBDIVISION

                        AND

 DEVELOPMENT APPEAL BOARD



                       AGE NDA

Meeting No. 38H/09                 Thursday, 9:00 A.M.
                                   September 24, 2009

                                   River Valley Room
                                   Main Floor, City Hall
                                                                                                                     2


Meeting No.: 38R/09                                                    Thursday, September 24, 2009

               SUBDIVISION AND DEVELOPMENT APPEAL BOARD
                           RIVER VALLEY ROOM
                               (PAGE 1 OF 2)
---------------------------------------------------------------------------------------------------------------------
9:00 A.M.            SDAB-D-09-222                                        Construct a two-storey                    I
88960214-001                                                              Accessory Building (7.92
                                                                          metres by 8.53 metres
                                                                          Detached Garage with a
                                                                          Hobby Room) and to
                                                                          demolish an existing
                                                                          Detached Garage
                                                                          11852 – 134 Street NW
 ---------------------------------------------------------------------------------------------------------------------
                                    BREAK – 10:00 A.M. TO 10:15 A.M.
---------------------------------------------------------------------------------------------------------------------
10:15 A.M.           SDAB-D-09-223                                        Change the Use from a                    II
87913324-001                                                              restaurant to a bar and
                                                                          neighborhood pub (116
                                                                          square metres public space /
                                                                          maximum 75 occupancy
                                                                          7618 – 104 Street NW
---------------------------------------------------------------------------------------------------------------------
                               LUNCH BREAK – 12:30 P.M. TO 1:00 P.M.
---------------------------------------------------------------------------------------------------------------------
1:00 P.M.            SDAB-D-09-224                                        Construct an uncovered                  III
88703996-001                                                              deck (second storey Deck –
                                                                          9.52 metres by 3.15 metres)
                                                                          existing without permits
                                                                          11616 – 170 Avenue NW
---------------------------------------------------------------------------------------------------------------------
TO BE RAISED SDAB-D-09-196                                                Construct and operate a                 IV
2:00 P.M.                                                                 Professional, Financial and
85258291-001                                                              Office Support Service
                                                                          Building (six storeys – 3901
                                                                          square metres)
                                                                          10133/10135 – 104 Street
---------------------------------------------------------------------------------------------------------------------
                                SUPPER BREAK – 5:00 P.M. TO 5:30 P.M.
---------------------------------------------------------------------------------------------------------------------



                                        (Continued on next page)
                                                                                                                        3


     Meeting No.: 38R/09                                                     Thursday, September 24, 2009

               SUBDIVISION AND DEVELOPMENT APPEAL BOARD
                           RIVER VALLEY ROOM
                               (PAGE 1 OF 2)


---------------------------------------------------------------------------------------------------------------------
5:30 P.M.            SDAB-D-09-225                                        Construct a Row Housing                  V
88026514-001                                                              building and to demolish the
                                                                          existing building (four
                                                                          dwellings – Native
                                                                          Counseling Services of
                                                                          Alberta)
                                                                          12026 – 125 Street NW
---------------------------------------------------------------------------------------------------------------------


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.38R/09                                    Thursday, September 24, 2009
                                I

ITEM I: 9:00 A.M.                                    FILE: SDAB-D-09-222


            AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER

            APPELLANT:                                 Application No.: 88960214-001.
            DEVELOPMENT OFFICER’S DECISION DATE: August 14, 2009.
            ADDRESS OF APPELLANT: 10424 – 113 Avenue NW, Edmonton, AB
                                       T5G OH9 / 11852 – 134 Street NW Edmonton, AB,
                                       T5L 1T5.
            DATE OF APPEAL: August 26, 2009.
            APPLICATION FOR PERMISSION TO: Construct a two-storey Accessory
                                                    Building (7.92 metres by 8.53 metres
                                                    Detached Garage with a Hobby Room)
                                                    and to demolish an existing detached
                                                    garage.
            ZONE: RF1 Single Detached Residential Zone.
            LEGAL DESCRIPTION: Lot 11, Block 1, Plan 5902HW.
            MUNICIPAL DESCRIPTION: 11852 – 134 Street NW.
            ___________________________________________________________________

            DEVELOPMENT OFFICER’S DECISION

            “REFUSED – The proposed development is refused for the following reasons:

                         An Accessory Building or Structure shall not exceed 4.3 metres
                         (14.1 feet) nor one storey in Height.
                         Reference Section 50.3(2).

                         Proposed Height:            2 Storeys
                         Exceeds by:                 1 Storey

                         A principal building shall be separated from a rear-detached Garage
                         by a minimum of 3.0 metres.
                         Reference Section 814.3(21).

                         Proposed:                   2.16 metres
                         Deficient by:               0.84 metres


                                                     cont’d….
                                                                                                  5


Meeting No. 38R/09                                         Thursday, September 24, 2009

                                                           FILE: SDAB-D-09-222
                                                                      9:00 A.M.


             DEVELOPMENT OFFICER’S DECISION: (CONTINUED):

                            Note:

                         It is strongly advised that the applicant meet the requirements of
                         Section 814.3(23) as follows:
                         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.
                         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.”
             ___________________________________________________________________

             APPELLANT’S SUBMISSION

             “Require new double garage with loft to accommodate a hobby room. The house is
             1040 square feet and added loft space would help us with various activities.
             Current garage is in a state of disrepair and poses a safety risk. The side yard is
             small and currently has a vegetable garden. Do not have much space to move the
             garage over.”
             ___________________________________________________________________

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

             This application is to construct a two storey Accessory Building (7.92 metres by
             8.53 metres Detached Garage with a Hobby Room) and to demolish an existing
             detached garage.

             The site is a corner lot located on 134 Street near the entrance to a cul-de-sac and is
             zoned RF1 Single Detached Residential Zone, Section 110 of the Edmonton Zoning
             Bylaw. The site is within the Mature Neighbourhood Overlay, Section 814.


                                                           cont’d….
                                                                                              6


Meeting No. 38R/09                                         Thursday, September 24, 2009

                                                           FILE: SDAB-D-09-222
                                                                      9:00 A.M.


             DEVELOPMENT OFFICER’S DECISION: (CONTINUED):

             NOTE: The submitted plans indicate that the proposed detached garage is 8.53
                   metres by 7.92 metres in size with the garage doors facing 134 Street. It is
                   located 3.49 metres from the rear property line, 3.36 metres from the
                   southwest side property line and 5.49 metres from the flanking side property
                   line along 134 Street. The Development Officer indicates that the proposed
                   detached garage is 2 storeys. No height is provided on the plans or by the
                   Development Officer. The plans indicate that the upper level is for storage.
                   Vehicular access to the proposed Detached Garage is from 134 Street.

                     The Development Officer provides the following information:

                     Site Area:                               594.72 square metres
                     12 percent Allowable Site Coverage:       71.37 square metres
                     28 percent Allowable Site Coverage:      166.52 square metres
                     40 percent Allowable Site Coverage:      237.89 square metres

                     Proposed Accessory Building:              69.05 square metres
                     Existing Principal Dwelling:              99.79 square metres
                     Proposed Total Site Coverage:            168.84 square metres

                     Section 50.3(3)(a) states the Site Coverage of Accessory Buildings, with or
                     without a Garage Suite, or Structures shall not exceed 12 percent.

                     Under Section 110.4(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.

                     Under Section 50.3(2), an Accessory Building or Structure shall not exceed
                     4.3 metres nor one Storey in Height, except:

                     a. as provided in the RPLt, RF4t, RF5t, TSDR, and TSLR Zones, where
                        the maximum Garage Height shall not exceed 5.0 metres;

                     b. in the case of a Garage containing a Garage Suite where listed as a
                        Permitted or Discretionary Use, where the height shall be in accordance
                        with Section 87.

                                                           cont’d….
                                                                                                  7


Meeting No. 38R/09                                         Thursday, September 24, 2009

                                                           FILE: SDAB-D-09-222
                                                                      9:00 A.M.


             DEVELOPMENT OFFICER’S DECISION: (CONTINUED):

                     c. as provided in subsections 50.4, 50.5.

                     Section 6.1(36) states Height means, when used with reference to a building
                     or structure, the vertical distance between the horizontal plane through grade
                     and a horizontal plane through:
                     (a) The highest point of the roof in the case of a building with a flat roof or
                         a roof having a slope of less than 20 degrees; and

                     (b) The average level between eaves and ridges in the case of a pitched,
                         gambrel, mansard or hipped roof, or a roof having a slope of more than
                         20 degrees; provided that in such cases the ridge line of the roof shall
                         not extend more than 1.5 metres above the maximum permitted building
                         Height of the Zone or in the case of a Garage Suite the maximum
                         permitted building Height in accordance with Section 87 of this Bylaw.


                     Section 6.1(74) states 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.

                     Section 6.1(35) indicates Half Storey means a Storey under a gable, hip, or
                     gambrel roof, the wall plates of which, on at least two opposite walls, are
                     not more than 0.66 metres above the floor of such Storey.

                     Section 814.3(21) states a principal building shall be separated from a rear-
                     detached Garage by a minimum of 3.0 metres, proposed is 2.16 metres and
                     is deficient by 0.84 metres.




                                                           cont’d….
                                                                                               8


Meeting No. 38R/09                                        Thursday, September 24, 2009

                                                          FILE: SDAB-D-09-222
                                                                     9:00 A.M.


             DEVELOPMENT OFFICER’S DECISION: (CONTINUED):


                     Section 814.3(23) states 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.

             ___________________________________________________________________

                                   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.
             ___________________________________________________________________
                                                   9




SURROUNDING LAND USE DISTRICTS
Site Location                File: SDAB-D-09-222
                                                   N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD
                                                                                           10


Meeting No. 38R/09                                     Thursday, September 24, 2009
                                 II
ITEM II: 10:15 A.M.                                    FILE: SDAB-D-09-223

             AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY
             AN ADJACENT PROPERTY OWNER

             APPELLANT:
             APPLICATION NO.: 87913324-001.
             DEVELOPMENT OFFICER’S DECISION DATE: August 12, 2009.
             NOTICE OF APPEAL PERIOD: August 18, 2009 through August 31, 2009.
             ADDRESS OF APPELLANT: P.O. Box 4546, Edmonton, AB T6E 5G4.
             DATE OF APPEAL: August 31, 2009.
             RESPONDENT:
             ADDRESS OF RESPONDENT: 7618 – 104 Street NW, Edmonton, AB T6E 6B8.
             APPLICATION FOR PERMISSION TO: Change the use from a restaurant to a
                                                  bar and neighbourhood pub (116
                                                  square metres public space / maximum
                                                  75 occupancy).
             ZONE: CB2 General Business Zone.
             LEGAL DESCRIPTION: Lot F, G, and H, Block 13, Plan 8146ET.
             MUNICIPAL DESCRIPTION: 7618 – 104 Street NW.
             __________________________________________________________________

             DEVELOPMENT OFFICER’S DECISION

             “APPROVED – The proposed development is approved with a variance in the
                          required off-site parking, subject to the following conditions:

                             1. The applicant shall continue to provide 24 parking spaces
                             through lease agreement with the owners of the property at 7707
                             - 105 Street. Should such an agreement be ended, the applicant
                             must apply for a new Development Permit which demonstrates
                             that alternate parking arrangements have been made at another
                             location no further than 120 metres from the site on which the
                             pub is located. Section 42.2.2(b)

                             2. Offsite parking spaces shall be identified as parking spaces
                             for the through the use of appropriate signage. Section 42.2.2(c)

                            Note:
                            Signs require separate Development Applications.”
             __________________________________________________________________

                                                       cont’d….
                                                                                               11


Meeting No. 38R/09                                        Thursday, September 24, 2009

                                                          FILE: SDAB-D-09-223
                                                                    10:15 A.M.


             APPELLANT’S SUBMISSION

             “Variance on parking will impact nearby businesses and residents. Limited parking
             is nearby and the variance would put undue pressure on this resource.”
             __________________________________________________________________

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

             This application is to change the use from a restaurant to a bar and neighbourhood
             pub (116 square metres public space / maximum 75 occupancy).

             The site is located on the southwest corner of 77 Avenue and 104 Street and is
             zoned CB2 General Business Zone, Section 340 of the Edmonton Zoning Bylaw.

             NOTE: Section 340.2(3) states Bars and Neighbourhood Pubs, for less than 200
                   occupants and 240 square metres of Public Space, is a Permitted Use in the
                   CB2 Zone.

                     Bars and Neighbourhood Pubs means development where the primary
                     purpose of the facility is the sale of alcoholic beverages to the public, for
                     consumption within the premises or off the Site. This Use Class typically
                     has a limited menu and minors are prohibited from patronizing the
                     establishment during at least some portion of the hours of operation. Typical
                     Uses include neighbourhood pubs, bars, beverage rooms, and cocktail
                     lounges. (Section 7.4(6))

                     This application was approved by the Development Officer subject to
                     conditions:

                     1. The applicant shall continue to provide 24 parking spaces through lease
                        agreement with the owners of the property at 7707 - 105 Street. Should
                        such an agreement be ended, the applicant must apply for a new
                        Development Permit which demonstrates that alternate parking
                        arrangements have been made at another location no further than 120
                        meters from the site on which the pub is located.
                     2. Offsite parking spaces shall be identified as parking spaces for that
                        development through the use of appropriate signage.


                                                          cont’d….
                                                                                               12


Meeting No. 38R/09                                        Thursday, September 24, 2009

                                                          FILE: SDAB-D-09-223
                                                                    10:15 A.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                     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:

                     1. Section 54.2, Schedule 1(12), states Bars and Neighbourhood Pubs
                        require 1 parking space per 3.0 square metres of Public Space. With 116
                        square metres of public space, 39 parking stalls are required, proposed
                        onsite is 15, and proposed off-site is 24.

                     Section 54.2(2) states:
                     a. For all residential developments, the required parking spaces shall be
                        wholly provided on the same Site as the building.

                     b. For all other Uses, parking spaces may be provided on a Site located
                        remotely, but no further than 120.0 metres from the Site. Such distance
                        shall be measured along the shortest public pedestrian route from the
                        nearest point of the parking area to the nearest point of the Site where
                        the building or Use is located. Where off-site parking is provided
                        pursuant to this provision, the development shall be considered as Class
                        B Development.

                     c. Where required parking spaces are not on the same Site of the
                        development or Use, these parking spaces shall be identified as parking
                        spaces for that development or Use through the use of appropriate
                        signage.

                     d. Notwithstanding the definition of Accessory in this Bylaw, Accessory
                        parking spaces for non-residential Uses may be located on another Site
                        where:

                       i.   the principal Use Class to which the parking is an Accessory Use is a
                            Permitted or a Discretionary Use on the Site to be used for additional
                            parking; or

                                                          cont’d….
                                                                                               13


Meeting No. 38R/09                                        Thursday, September 24, 2009

                                                          FILE: SDAB-D-09-223
                                                                    10:15 A.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):


                      ii.   Non-accessory Parking is a Permitted or a Discretionary Use on the
                            Site to be used for parking.

                     Included under “Comments” in the Planning and Development POSSE
                     System dated August 12, 2009, the Development Officer has provided the
                     following information:

                            Development Review #1
                            A restaurant currently exists in this space. By Bylaw standards even
                            this use is currently underparked. The proprietor wishes to convert it
                            to a pub after 7 p.m.

                            116 square metres of public space

                            Impact of change: Parking*

                            Required as pub: 116 square metres / 3.0 square metres = 39 spaces
                            Available: (not taking into account the gas station and laundromat in
                            the same building) 15 spaces
                            (note: tandem parking not considered for this commercial use)
                            Deficiency = 24 (or 62 percent of the required number)

                            *Even if the parking were calculated from the occupancy there
                            would be a deficiency
                            Maximum occupancy = 75
                            Total public space related to occupancy = 75 x 1.2 = 90 square
                            metres
                            Required parking = 90 / 3.0 = 30

                            Re: Rescue and decision change:
                            The Development Officer has received belated information regarding
                            the provision of additional off-site parking. Rather than maintain the
                            Refusal and send the applicant to the SDAB, the decision has been
                            changed to a Class B approval with notices.

                                                          cont’d….
                                                                                                14


Meeting No. 38R/09                                         Thursday, September 24, 2009

                                                           FILE: SDAB-D-09-223
                                                                     10:15 A.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                            Development Review #2

                            Required parking = 39
                            Available onsite = 15
                            Deficiency = 24*

                            *Provided offsite at 7707 - 104 Street (see agreements and
                            information on file and in Docs)

                            Offsite parking available:
                            Professional, Financial, and Office Support Services required = 402
                            square metres/ 100 x 3.4 = 14
                            Onsite at 7707 - 104 Ave = 38
                            Available = 24

                     Included under “Justification” in the Planning and Development POSSE
                     System dated August 12, 2009, the Development Officer has provided the
                     following information:

                            In the opinion of the Development Officer, the variances granted in
                            this application and noted below will not unduly interfere with the
                            amenities of the neighbourhood, nor materially interfere with or
                            affect the use, enjoyment or value of neighbouring properties.
                            (Section 11.3)

                            Permission given to provide some of the required parking offsite.
                            Section 54.2.2(b)

                     With the information from the Planning and Development Department is a
                     copy of the Rental Agreement dated August 6, 2009 between Systems Inc.
                     and Salvatores Italian Garden o/a Ginos Italian Kitchen to rent parking stalls
                     for the use of overflow parking. The attached plan shows Systems Inc. has
                     38 parking stalls.




                                                           cont’d….
                                                                                          15


Meeting No. 38R/09                                    Thursday, September 24, 2009

                                                      FILE: SDAB-D-09-223
                                                                10:15 A.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                     The following permit applications are listed in the Planning and
                     Development POSSE System:

                     Application    Description             Decision
                     402497-001     To operate a Minor      April 24, 1995; Approved with
                                    Eating and Drinking     conditions and variance:
                                    Establishment with 60   Variance:
                                    seats.                  - Relaxation of Section 66,
                                    (Gino's Italian Garden  Schedule 66A - overall required
                                    Restaurant)             number of parking spaces of 18
                                                            relaxed to 15.          (15 spaces
                                                            required        for         proposed
                                                            development, 3 spaces required
                                                            for existing retail store).
                     110586-001     To add the use of a March 3, 1994; Approved
                                    Minor Second Hand
                                    Store (New and Used
                                    CD's and Tapes) to an
                                    existing Minor Eating
                                    and Drinking / Major
                                    Amusement
                                    Establishment.
                     109096-001     To continue to operate January 19, 1994; Approved with
                                    a Minor Eating and conditions:
                                    Drinking Establishment NOTE: A Minor Eating and
                                    and to add the use of a Drinking Establishment (D.P.#
                                    Major        Amusement 85-081194) was approved on
                                    Establishment (4 table November 4, 1985 for 40 seats.
                                    games) and to construct Any additional seating to the
                                    interior alterations.   proposed Minor Eating and
                                                            Drinking Establishment requires a
                                                            separate               Development
                                                            Application.



                                                      cont’d….
                                                                                              16


Meeting No. 38R/09                                       Thursday, September 24, 2009

                                                         FILE: SDAB-D-09-223
                                                                   10:15 A.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                     Application  Description               Decision
                     83259-001    To operate a Major January 8, 1002; Approved
                                  Amusement
                                  Establishment.
                                  (4 video games)
                    33936-001     To operate a personal June 23, 1987; Approved
                                  service              shop
                                  (laundromat) and minor
                                  Eating & drinking
                                  establishment from a
                                  bay in a shopping
                                  centre
                    29247-001     To operate a minor March 3, 1987; Approved
                                  eating and       drinking
                                  establishment from a
                                  Bay in a shopping
                                  centre;         construct
                                  interior alterations /
                                  partitions
                    19983-001     To construct a general June 26, 1986; Approved
                                  retail    store, gas bar
                                  and minor eating and
                                  drinking establishment
             __________________________________________________________________

                                   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.
             __________________________________________________________________
                                                   17




SURROUNDING LAND USE DISTRICTS
Site Location                File: SDAB-D-09-223
                                                    N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD
                                                                                               18


Meeting No.38R/09                                        Thursday, September 24, 2009
                                   III

ITEM III: 1:00 P.M.                                      FILE: SDAB-D-09-224


             AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER

             APPELLANT:               Application No.: 88703996-001.
             DEVELOPMENT OFFICER’S DECISION DATE: August 12, 2009.
             ADDRESS OF APPELLANT: 11616 – 170 Avenue NW, Edmonton, AB
                                        T5X 5Z6.
             DATE OF APPEAL: August 31, 2009.
             APPLICATION FOR PERMISSION TO: Construct an uncovered deck (second
                                                     storey Deck – 9.52 metres by 3.15
                                                     metres) existing without permits.
             ZONE: RF1 Single Detached Residential Zone.
             LEGAL DESCRIPTION: Lot 13, Block 85, Plan 9520147.
             MUNICIPAL DESCRIPTION: 11616 – 170 Avenue NW.
             ___________________________________________________________________

             DEVELOPMENT OFFICER’S DECISION

             “REFUSED – The proposed development was refused for the following reasons:

                           The maximum projection a Platform Structure (uncovered deck) may
                           project into a required Rear Yard, with a depth of at least 4.0 metres,
                           shall be 2.0 metres.
                           Reference Section 44.3(a).

                         Existing Projection:    3.18 metres
                         Exceeds by:             1.18 metres.”
             ___________________________________________________________________

             APPELLANT’S SUBMISSION

             “We were misled in 2004 when we hired a contractor to increase the size of our top
             deck as to the requirements for a building permit. Our existing second storey
             uncovered deck now exists without proper permitting in place and we are asking for
             some leniency to keep our structure as is. We believe this structure does not affect
             any of our neighbours as we back onto a natural pond (Castlewood Lake) bearing
             trees and walking paths maintained by the City of Edmonton.


                                                         cont’d….
                                                                                                  19


Meeting No. 38R/09                                          Thursday, September 24, 2009

                                                            FILE: SDAB-D-09-224
                                                                       1:00 P.M.


             APPELLANT’S SUBMISSION (CONTINUED):

             Also attached is a copy of a letter from Venture Engineering Consultants Ltd. dated
             July 28, 2009 to confirm the structural elements of our second floor deck. Your
             consideration would be appreciated in this matter.”
             ___________________________________________________________________

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

             This application is to construct an uncovered deck (second storey Deck - 9.52
             metres by 3.15 metres), existing without permits.

             The site is located on the north side of 170 Avenue west of 116 Street and is zoned
             RF1 Single Detached Residential Zone, Section 110 of the Edmonton Zoning
             Bylaw. The site is within the Castle Downs Extension Area Structure Plan and the
             Canossa Neighbourhood Structure Plan.

             NOTE: This appeal was filed on August 31, 2009 when the decision date of the
                   Development Officer was August 12, 2009. The fourteen day appeal period
                   expired on August 26, 2009.

                     The submitted plans show a pie shaped lot, indicate that the existing
                     uncovered deck is 9.52 meters by 3.15 metres, is attached to the rear
                     (northeast) elevation of the existing principal dwelling and is located 4.33
                     metres from the rear property line. The height of the deck from grade to the
                     deck floor is 2.3 metres, the railing height is 1.06 metres and the total height
                     from grade to top of the railing is 3.36 metres.

                     The Development Officer provides the following information:

                     Site Area:                                    595.76 square metres
                     28 percent Allowable Site Coverage:           166.81 square metres
                     40 percent Allowable Site Coverage:           238.30 square metres

                     Existing Principal Dwelling:                  166.67 square metres
                     Existing Deck:                                29.99 square metres
                     Proposed Total Site Coverage
                     (including deck):                             196.66 square metres


                                                            cont’d….
                                                                                               20


Meeting No. 38R/09                                         Thursday, September 24, 2009

                                                           FILE: SDAB-D-09-224
                                                                      1:00 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                      Under Section 110.4(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 Site
                      Coverage for the principal building shall be 40 percent.

                      Under Section 110.4(7), the minimum Rear Yard requirement is 7.5 metres.

                      The existing Rear Yard to the rear wall of the dwelling is 7.47 metres.
                      Under Section 44.3, Platform Structures may project into a required Yard or
                      Separation Space, provided such projections do not exceed 2.0 metres into
                      Yards or Separation Spaces with a depth of at least 4.0 metres. The required
                      Rear Yard is 7.5 metres and by subtracting the allowable projection of 2.0
                      metres for the Platform Structure, the remaining Rear Yard should by 5.5
                      metres, existing is 4.33 metres, for a deficiency in the Rear Yard of 1.18
                      metres.

                      Platform Structures means structures projecting from the wall of a building
                      that may be surrounded by guardrails or parapet walls. Common structures
                      include: balconies, raised terraces and decks. (Section 6.1(56))

                      The following permit applications are listed in the Planning and
                      Development POSSE System:

                     Application        Description               Decision
                     87701686-001       Violation Notice          July 17, 2009; An inspection by
                                                                  this Department revealed that a
                                                                  Rear Uncovered Deck has been
                                                                  constructed   at   the    above
                                                                  mentioned address. According to
                                                                  our records, the deck does not
                                                                  comply with the SDAB approval.
                                                                  …
                                                                  You must obtain a Development
                                                                  and Building Permit for this
                                                                  structure.
                                                           cont’d….
                                                                                       21


Meeting No. 38R/09                               Thursday, September 24, 2009

                                                 FILE: SDAB-D-09-224
                                                            1:00 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

              Application     Description                 Decision
              1018284-001     Compliance Certificate      July 31, 2001; Stamped
              933014-002      To      construct      an   September 21, 2000; "that the
              SDAB-D-00-331   uncovered deck (4.88        appeal be DENIED and the
                              metres by 1.98 metres)      development GRANTED and the
                                                          deficiency in rear yard setback be
                                                          waived.”
              933014-001      To      construct      an   October 5, 2000; Approved with
                              uncovered deck (4.88        condition:
                              metres by 1.98 metres)      - Section 110.4(7) relaxed – the
                                                          minimum rear yard form 7.5
                                                          metres to 5.5 metres
              679228-001      Compliance Certificate      October 27, 1998; Stamped
              653571-003      To construct a single       August 6, 1998; hat the appeal be
              SDAB-D-98-210   detached house with         ALLOWED IN PART and the
                              attached         garage,    decision of the DEVELOPMENT
                              uncovered          deck,    OFFICER         VARIED         AS
                              developed basement and      FOLLOWS:
                              fireplace
                                                          1. The applicant construct a
                                                          landing five feet by four feet with
                                                          stairs leading down to a deck to
                                                          comply with the Land Use Bylaw
                                                          regulations and revised plans be
                                                          submitted to the satisfaction of
                                                          the Board, prior to the permit
                                                          being issued.
                                                          …

                                                          The        Subdivision       and
                                                          Development Appeal Board, at its
                                                          meeting held November 5, 1998,
                                                          after having read and considered
                                                          your letter, dated November 3,
                                                          1998, made and passed the
                                                          following motion:
                                                                                 22


                                            1. that the letter from Coventry
                                            Homes dated November 3, 1998
                                            advising they wish to delete the
                                            uncovered deck from their permit
                                            be accepted. Any future requests
                                            for decks will require a
                                            Development Permit Application.
  653571-001        To construct a single June 16, 1998; Approved with
                    detached house with conditions and one variances:
                    attached        garage,
                    uncovered         deck, - Section 110.4(7) relaxed – the
                    developed basement and minimum rear yard form 7.5
                    fireplace               metres to 5.06 metres
___________________________________________________________________

              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.
___________________________________________________________________
                                                   23




SURROUNDING LAND USE DISTRICTS
Site Location                File: SDAB-D-09-224
                                                    N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD
                                                                                          24


Meeting No. 38R/09                                    Thursday, September 24, 2009
                                IV
ITEM IV: 2:00 P.M.                                    FILE: SDAB-D-09-196

             AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY
             AN ADJACENT PROPERTY OWNER

             APPELLANT:                             Application No. 85258291-001.
             DEVELOPMENT OFFICER’S DECISION DATE: July 16, 2009.
             NOTICE OF APPEAL PERIOD: July 21, 2009 to August 3, 2009.
             ADDRESS OF APPELLANT: 7127 – 87 Street, Edmonton, AB, T6C 3G1.
             DATE OF APPEAL: July 30, 2009.
             RESPONDENT:
             ADDRESS OF RESPONDENT: 10315 – 109 Street, Edmonton, AB, T5J 1N3.
             APPLICATION FOR PERMISSION TO: Construct and operate a Professional,
                                                  Financial and Office Support Service
                                                  Building (six storeys – 3901 square
                                                  metres).
             ZONE: HA Heritage Area Zone.
             LEGAL DESCRIPTION: Lot 160, Block 3, Plan NB1.
             MUNICIPAL DESCRIPTION: 10133/10135 – 104 Street.
             __________________________________________________________________

             DEVELOPMENT OFFICER’S DECISION

             “APPROVED – The proposed development is approved subject to the following
                         conditions:

                            The Transportation Department requires:
                            1. The underground driveway ramp must not exceed a slope of 6
                            percent for a minimum distance of 4.5 metres inside the property
                            line and the ramp must be at grade at the property line. The
                            proposed ramp slope submitted by the applicant is acceptable to
                            the Transportation Department.
                            2. The proposed garbage enclosure door, which opens vertically,
                            is acceptable to the Transportation Department.
                            3. This development is proposed to be constructed up to the
                            property line.       The owner/applicant must enter into an
                            Encroachment Agreement with the City for any pilings, shoring &
                            tie-backs to remain within road right-of-way.                 The
                            owner/applicant must contact Kerry Bauer (780-496-8487) of the
                            Planning and Development Department for information on the
                            agreement. The applicant is responsible to provide the Planning


                                                      cont’d….
                                                                                          25


Meeting No. 38R/09                                  Thursday, September 24, 2009

                                                    FILE: SDAB-D-09-196
                                                                2:00 P.M.

             DEVELOPMENT OFFICER’S DECISION (CONTINUED):

                         and Development Department with a plan identifying all existing
                         utilities on road right-of-way within the affected area of the
                         encroachment.

                         4. There may be utilities within road right-of-way not specified
                         that must be considered during construction. The owner/applicant
                         is responsible for the location of all underground and above
                         ground utilities and maintaining required clearances as specified
                         by the utility companies. Any costs associated with relocations
                         and/or removals shall be at the expense of the owner/applicant.
                         5. There are existing boulevard trees adjacent to the site that must
                         be protected during construction. Prior to construction, the
                         owner/applicant must contact Marshall Mithrush of Parks (780-
                         496-4953) to arrange for hoarding and/or root cutting. All costs
                         shall be borne by the owner/applicant.
                         6. Any alley, sidewalk or boulevard damage occurring as a result
                         of construction traffic must be restored to the satisfaction of the
                         Transportation Department, as per Section 15.5(f) of the Zoning
                         Bylaw. The alley, sidewalks and boulevard will be inspected by
                         the Transportation Department prior to construction, and again
                         once construction is complete. All expenses incurred for repair
                         are to be borne by the owner.
                         7. Any hoarding or construction taking place on road right-of-way
                         requires an OSCAM permit. It should be noted that the hoarding
                         must not damage boulevard trees. The owner must call
                         Transportation Operations at 780-442-6458 to arrange for the
                         permit.
                         The Transportation Department further advises:
                         1. Vehicular and bicycle parking should meet the requirements of
                         the Zoning Bylaw.
                         2. The Transportation Department has no objection to the
                         proposed short stalls (4.8 metres) and reduced aisle width (4.7
                         metres) in the parkade. Given the additional width for the stalls
                         (3.6 metres), we concur that there should be sufficient room for
                         vehicles to back out of the stalls.



                                                    cont’d….
                                                                                            26


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-196
                                                                 2:00 P.M.


             DEVELOPMENT OFFICER’S DECISION (CONTINUED):

                         3. The applicant advises that a remote control device will be used
                         to open the parkade door. Should an access card device be
                         installed in the future, the owner is advised that it must be located,
                         on site, approximately 3 metres inside the property line.
                         4. The Transportation Department does not object that the
                         applicant is proposing to have all loading and unloading occur in
                         the alley.
                         5. The proposed parkade ramp width of 4.7 metres is not wide
                         enough to accommodate two vehicles at once. However, due to
                         the limited width of the site, this proposed ramp width is
                         acceptable to our Department. Audible warning devices and/or
                         mirrors should be installed on the building to alert vehicles in the
                         alley when a vehicle is exiting the parkade. Vehicles exiting the
                         parkade should give-way to vehicles entering the parkade, so that
                         vehicles are not required to stop and block the alley or have to
                         back up into the alley. Signage to this effect should be installed
                         inside the parkade.

                         All access locations and curb crossings shall have the approval of
                         the City Transportation and Streets Department prior to the start
                         of construction. Reference Section 53(1).
                         All power, telephone and C.A.T.V. services shall be underground.

                         The applicant shall be responsible for all required approvals from
                         all appropriate civic departments and outside agencies for the
                         servicing.

                         All boulevard trees and street furniture shall be retained and
                         protected.

                         Any exterior mechanical, including roof top mechanical shall be
                         screened to the satisfaction of the Development Officer.

                         NOTE: 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,

                                                     cont’d….
                                                                                            27


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-196
                                                                 2:00 P.M.


             DEVELOPMENT OFFICER’S DECISION (CONTINUED):

                         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 contaminants on the property.
                         NOTE: The applicant/owner is responsible for ensuring that the
                         proposed development does not encroach on or impair the
                         operation of any existing hydrants and/or valves that are located
                         either in the boulevard, sidewalk, or the street. If a conflict exists
                         then it will be responsibility of the applicant/owner to rectify the
                         problem by:
                         1) redesign of the proposed development followed by a
                         resubmission for approval to the City or,
                         2) relocation of the utility which is to be done by the City staff at
                         the sole expense of the applicant/owner. For further information,
                         please contact the Drainage Branch of the Public Works
                         Department at 496-5460.

                         Exterior lighting shall be developed to provide a safe lit
                         environment in accordance with Sections 51 and 58 and to the
                         satisfaction of the Development Officer.

                         As part of this project's Crime Prevention Through Environmental
                         Design assessment, additional details of the recessed retail
                         doorways will be required in order to minimize areas for potential
                         safety hazards.
                         All outdoor trash collection areas shall be located and screened to
                         the satisfaction of the Development Officer in accordance with
                         Sections 55(4) & (5).

                         Landscaping shall be in accordance to the approved landscape
                         plan, Section 55 and to the satisfaction of the Development
                         Officer.




                                                     cont’d….
                                                                                                   28


Meeting No. 38R/09                                          Thursday, September 24, 2009

                                                            FILE: SDAB-D-09-196
                                                                        2:00 P.M.


             DEVELOPMENT OFFICER’S DECISION (CONTINUED):

                               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.

                               A Comprehensive Sign proposal shall be submitted to the
                               satisfaction of the Development Officer.
                               NOTE: Signs require separate Development Applications.

                               Variances

                               Note: Variance granted pursuant to Sections 11.3 and 11.4.
                               Subject to the right of appeal. (Reference Section 21(1).)

                               1. 1 Loading space required, none provided. Reference Section
                               54.4.3 of the Edmonton Zoning Bylaw.

                           2. The width of aisles are deficient (proposed 4.7metres), required
                           7 metres)
                           Length of stalls deficient (4.8 metres, instead of 5.5 metres),
                           NOTE: stalls are wider than required- (proposed 3.6 metres,
                           instead of 2.6 metres)
                           Reference Section 54.2.4(v) of the Edmonton Zoning Bylaw.”
             __________________________________________________________________

             APPELLANT’S SUBMISSION

             “-    Loading dock in the back alley, is already crowded.
              -    Sun-shadowing effect of 6 units of apartment and 7 suites, natural light will
                   be gone. The present building was built in 1912.
              -    On the east side of the street is all heritage buildings. It will be the tallest on
                   our side of the street.
              -    No parking space.”
             __________________________________________________________________

                                                            cont’d….
                                                                                                 29


Meeting No. 38R/09                                         Thursday, September 24, 2009

                                                           FILE: SDAB-D-09-196
                                                                       2:00 P.M.

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

             This application is to construct and operate a Professional, Financial, and Office
             Support Service Building (6 storeys - 3901 square metres).

             The site is located on the east side 104 Street north of Jasper Avenue and is zoned
             HA Heritage Area Zone, Section 910.6 in the Special Area Downtown of the
             Edmonton Zoning Bylaw. The subject site is within the Capital City Downtown
             Plan, passed by City Council in April 1997 under Bylaw 11400 (as amended).

             NOTE: The Subdivision and Development Appeal Board, at its hearing held on
                   August 27, 2009, made and passed the following motion:

                            “that SDAB-D-09-196 be TABLED to September 24, 2009 at the
                            written request of Legal Counsel for the Respondent and with the
                            consent of Legal Counsel for the Appellant.”

                     Section 910.6(2)(s) states that a Professional, Financial and Office Support
                     Services is a Permitted Use in the HA Zone.

                     Professional, Financial and Office Support Services means development
                     primarily used for the provision of professional, management,
                     administrative, consulting, and financial services, but does not include
                     Health Services or Government Services. Typical Uses include: the offices
                     of lawyers, accountants, engineers, and architects; offices for real estate and
                     insurance firms; clerical, secretarial, employment, telephone answering, and
                     similar office support services; and banks, credit unions, loan offices and
                     similar financial Uses. (Section 7.4(43))

                     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:

                     1. Section 54.4, Schedule 3(2), states Professional, Financial and Office
                        Support Services required 1 loading space for every 2800 square metres
                        of total floor area of building. A variance of 1 loading space was
                        granted.
                                                         cont’d….
                                                                                              30


Meeting No. 38R/09                                        Thursday, September 24, 2009

                                                          FILE: SDAB-D-09-196
                                                                      2:00 P.M.

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                     2. Section 54.2.4(v) states aisles shall be a minimum of 7.0 metres wide for
                        90 degree parking. The proposed aisle width of the 90 degree parking is
                        4.70 metres and a variance of 2.3 metres was granted.
                     3. Section 54.2(4)(a)(i) states each required off-street parking space shall
                        be a minimum of 2.6 metres width with a minimum clear length of 5.5
                        metres exclusive of access drives or aisles, ramps, columns. Proposed
                        length is 4.8 metres and a variance of 0.7 metres was granted.

                     The Development Officer has noted that the proposed width of the stalls is
                     3.6 metres.

                     The decision of approval by the Development Officer has been appealed by
                     an adjacent property owner, Artifacts Holdings Ltd.

                     Included under “Comments” in the Planning and Development POSSE
                     System, the Development Officer has provided the following information:

                            July 16, 2009

                            Review:
                            Height: ok
                            FAR: ok
                            Setbacks: ok
                            Yards: ok
                            Amenity area: ok
                            Landscaping: no plan submitted yet-request one
                            Parking spaces: total ok;
                            Width of drive aisles have to be varied (proposed 4.7 metres,
                            required 7 metres) length of stalls deficient (4.8 metres, instead of
                            5.5 metres), Transportation in agreement with this, given that stalls
                            are wider than required- proposed 3.6 metres, instead of 2.6 metres

                            April 3, 2009
                            The Heritage Officer reports that the proposed building is located in
                            the HA Zone on the east side of 104th Street Promenade. It's located
                            between the designated and protected Armstrong Block and the
                            identified historic resource known as the Great West Saddlery
                            Building.
                                                          cont’d….
                                                                                                31


Meeting No. 38R/09                                        Thursday, September 24, 2009

                                                          FILE: SDAB-D-09-196
                                                                      2:00 P.M.

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                            "The proposal addresses the verticality (pilasters) but not the
                            horizontality of the Historic Area zone. The proposed building
                            should align itself closer as much as possible to the horizontal lines
                            of either the Armstrong Block or the Great West Saddlery Building.

                            "What is the proposed material for the cornice and the bases of the
                            pilasters?
                            "Glazing on the first 4 floors should be clear glass, not tinted. The
                            upper two floors can be tinted glazing.
                            "Signage located above the centre door entrance should be in line
                            with the signage as proposed over the main entrance located on the
                            left side of the building. A sign suspended below the proposed
                            overhang will not be supported.

                            "The pattern of the glazing over the front entrance changes at level 5
                            and 6, preference would be if the pattern of the glazing from level 2
                            is the same all the way to the top of the building. I like the exposure
                            of the brick wall behind the glazing. This exposure should be
                            maximized with clear glazing and good lighting to feature the
                            exposed brick from the exterior.

                            "The distinction between the two different types of doors (retail and
                            the main entrance to the left) is excellent.

                     On file is a copy of the Memorandum dated July 7, 2009 from Darryl
                     Mullen, General Supervisor, Sustainable Transportation Section.
                     Transportation Planning Branch. The memorandum states the following:

                     The Transportation Department has reviewed the above noted Development
                     Application and does not object to the proposed development, subject to the
                     following:

                     CONDITIONS
                     1. The underground driveway ramp must not exceed a slope of 6 percent
                        for a minimum distance of 4.5 metres inside the property line and the
                        ramp must be at grade at the property line. The proposed ramp slope
                        submitted by the applicant, as shown on Enclosures I and II, is
                        acceptable to the Transportation Department.
                                                          cont’d….
                                                                                               32


Meeting No. 38R/09                                        Thursday, September 24, 2009

                                                          FILE: SDAB-D-09-196
                                                                      2:00 P.M.

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                     2. The proposed garbage enclosure door, which opens vertically, is
                        acceptable to the Transportation Department.

                     3. This development is proposed to be constructed up to the property line.
                        The owner/applicant must enter into an Encroachment Agreement with
                        the City for any pilings, shoring & tie-backs to remain within road right-
                        of-way. The owner/applicant must contact Kerry Bauer (780-496-8487)
                        of the Planning and Development Department for information on the
                        agreement. The applicant is responsible to provide the Planning and
                        Development Department with a plan identifying all existing utilities on
                        road right-of-way within the affected area of the encroachment.

                     4. There may be utilities within road right-of-way not specified that must
                        be considered during construction. The owner/applicant is responsible
                        for the location of all underground and above ground utilities and
                        maintaining required clearances as specified by the utility companies.
                        Any costs associated with relocations and/or removals shall be at the
                        expense of the owner/applicant.

                     5. There are existing boulevard trees adjacent to the site that must be
                        protected during construction. Prior to construction, the owner/applicant
                        must contact Marshall Mithrush of Parks (780-496-4953) to arrange for
                        hoarding and/or root cutting. All costs shall be borne by the
                        owner/applicant.

                     6. Any alley, sidewalk or boulevard damage occurring as a result of
                        construction traffic must be restored to the satisfaction of the
                        Transportation Department, as per Section 15.5(f) of the Zoning Bylaw.
                        The alley, sidewalks and boulevard will be inspected by the
                        Transportation Department prior to construction, and again once
                        construction is complete. All expenses incurred for repair are to be
                        borne by the owner.

                     7. Any hoarding or construction taking place on road right-of-way requires
                        an OSCAM permit. It should be noted that the hoarding must not
                        damage boulevard trees. The owner must call Transportation Operations
                        at 780-442-6458 to arrange for the permit.

                                                          cont’d….
                                                                                                33


Meeting No. 38R/09                                         Thursday, September 24, 2009

                                                           FILE: SDAB-D-09-196
                                                                       2:00 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                     ADVISEMENTS
                     1. Vehicular and bicycle parking should meet the requirements of the
                        Zoning Bylaw.

                     2. The Transportation Department has no objection to the proposed short
                        stalls (4.8 metres) and reduced aisle width (4.7 metres) in the parkade, as
                        shown on Enclosure I. Given the additional width for the stalls (3.6
                        metres), we concur that there should be sufficient room for vehicles to
                        back out of the stalls, as shown on Enclosure I.

                     3. The applicant advises that a remote control device will be used to open
                        the parkade door. Should an access card device be installed in the
                        future, the owner is advised that it must be located, on site,
                        approximately 3 metres inside the property line.

                     4. The Transportation Department does not object that the applicant is
                        proposing to have all loading and unloading occur in the alley.

                     5. The proposed parkade ramp width of 4.7 metres is not wide enough to
                        accommodate two vehicles at once. However, due to the limited width
                        of the site, this proposed ramp width is acceptable to our Department.
                        Audible warning devices and/or mirrors should be installed on the
                        building to alert vehicles in the alley when a vehicle is exiting the
                        parkade, as shown on Enclosure I. Vehicles exiting the parkade should
                        give-way to vehicles entering the parkade, so that vehicles are not
                        required to stop and block the alley or have to back up into the alley.
                        Signage to this effect should be installed inside the parkade.

                     The following permit applications are listed in the Planning and
                     Development’s POSSE System:

                      Application          Description                Decision
                      Number
                      44583230-002         Amendment to the January 31,               2005;    In
                      ARP/05-0002          Downtown         Area progress
                                           Redevelopment Plan

                                                           cont’d….
                                                                                              34


Meeting No. 38R/09                                       Thursday, September 24, 2009

                                                         FILE: SDAB-D-09-196
                                                                     2:00 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                     Application          Description               Decision
                     Number
                     34418952-009   Amendment to the January 13, 2005; Signed
                     ZB/04-0082     Zoning Bylaw to Text and Passed
                                    amendment to Section
                                    910.6 (HA) Heritage
                                    Area Zone
                    34418952-008    Amendment to the January 13, 2005; Signed
                    ARP/04-0013     Downtown           Area and Passed
                                    Redevelopment Plan
                    13623555-001    To operate a non- March 6, 2003; Approved
                                    Accessory Parking Lot with conditions
                                    (26 vehicular parking
                                    spaces) and to construct
                                    an Entrance Monument
                                    Feature
                    534075-001      Amendment to the April 30, 1997; Signed and
                    ARP/96-004      Downtown Boundaries Passed
                                    and adopted a new
                                    Downtown           Area
                                    Redevelopment Plan
                    409553-001      To develop and operate October     19,    1995;
                                    a       Non-Accessory Approved with conditions
                                    Parking Lot (28 stalls)
             __________________________________________________________________

                                   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.
             __________________________________________________________________
                                                   35




SURROUNDING LAND USE DISTRICTS
Site Location                File: SDAB-D-09-196
                                                    N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD
                                                                                            36


Meeting No. 38R/09                                     Thursday, September 24, 2009
                                 V
ITEM V: 5:30 P.M.                                      FILE: SDAB-D-09-225

             AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY
             AN ADJACENT PROPERTY OWNER

             APPELLANT:                            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.
             RESPONDENT:
             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….
                                                                                           37


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.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….
                                                                                         38


Meeting No. 38R/09                                  Thursday, September 24, 2009

                                                    FILE: SDAB-D-09-225
                                                               5:30 P.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%.

                                                    cont’d….
                                                                                         39


Meeting No. 38R/09                                  Thursday, September 24, 2009

                                                    FILE: SDAB-D-09-225
                                                               5:30 P.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….
                                                                                         40


Meeting No. 38R/09                                  Thursday, September 24, 2009

                                                    FILE: SDAB-D-09-225
                                                               5:30 P.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….
                                                                                        41


Meeting No. 38R/09                                 Thursday, September 24, 2009

                                                   FILE: SDAB-D-09-225
                                                              5:30 P.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….
                                                                                           42


Meeting No. 38R/09                                      Thursday, September 24, 2009

                                                        FILE: SDAB-D-09-225
                                                                   5:30 P.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: Section 687(3) states “in determining an appeal, the subdivision and
                  development appeal board
                  ….

                     (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
                                                       cont’d….
                                                                                              43


Meeting No. 38R/09                                        Thursday, September 24, 2009

                                                          FILE: SDAB-D-09-225
                                                                     5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                              (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:

                     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.



                                                          cont’d….
                                                                                             44


Meeting No. 38R/09                                       Thursday, September 24, 2009

                                                         FILE: SDAB-D-09-225
                                                                    5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                     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)
                            Proposed: Four Dwellings of row housing. Not all dwellings have
                            frontage on a public roadway

                            140.4    Development Regulations for Permitted and Discretionary
                            Uses:



                                                         cont’d….
                                                                                        45


Meeting No. 38R/09                                  Thursday, September 24, 2009

                                                    FILE: SDAB-D-09-225
                                                               5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       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




                                                    cont’d….
                                                                                            46


Meeting No. 38R/09                                    Thursday, September 24, 2009

                                                      FILE: SDAB-D-09-225
                                                                 5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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:

                       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
                                                      cont’d….
                                                                                         47


Meeting No. 38R/09                                  Thursday, September 24, 2009

                                                    FILE: SDAB-D-09-225
                                                               5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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.

                       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



                                                    cont’d….
                                                                                          48


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       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

                                                     cont’d….
                                                                                          49


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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.

                       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
                                                    cont’d….
                                                                                          50


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       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
                                                     cont’d….
                                                                                           51


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       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



                                                     cont’d….
                                                                                          52


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       a) the minimum for each interior Side Yard shall be 1.2 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
                                                    cont’d….
                                                                                        53


Meeting No. 38R/09                                  Thursday, September 24, 2009

                                                    FILE: SDAB-D-09-225
                                                               5:30 P.M.

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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.
                       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
                                                    cont’d….
                                                                                          54


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       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;
                                                      cont’d….
                                                                                          55


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.

             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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.

                       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




                                                     cont’d….
                                                                                         56


Meeting No. 38R/09                                  Thursday, September 24, 2009

                                                    FILE: SDAB-D-09-225
                                                               5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       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




                                                    cont’d….
                                                                                          57


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       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




                                                     cont’d….
                                                                                          58


Meeting No. 38R/09                                   Thursday, September 24, 2009

                                                     FILE: SDAB-D-09-225
                                                                5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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 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:

                                                     cont’d….
                                                                                         59


Meeting No. 38R/09                                 Thursday, September 24, 2009

                                                   FILE: SDAB-D-09-225
                                                              5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):

                       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

                       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




                                                   cont’d….
                                                                                              60


Meeting No. 38R/09                                       Thursday, September 24, 2009

                                                         FILE: SDAB-D-09-225
                                                                     5:30 P.M.


             SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
             (CONTINUED):


                     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
                           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
                                                                                 61


        424080-001                                  (detached garage) shown on the
        (Continued)                                 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 m (3.0 ft.) from the Side
                                                    Lot line.

                                             However, the building is
                                          NON-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.
__________________________________________________________________
                                                   62




SURROUNDING LAND USE DISTRICTS
Site Location                File: SDAB-D-09-225
                                                    N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD
                                                                                                                   63


Meeting No. 38/09                                                      Thursday, September 24, 2009

BUSINESS LAID OVER

-----------------------------------------------------------------------------------------------------------------------
SDAB-S-09-005              An appeal by Mammoet 13320 – 33 Street NE Limited to create two lots,
                           approximately 18.5 hectares each.
                           October 8, 2009
-----------------------------------------------------------------------------------------------------------------------
SDAB-D-09-190              An appeal by Pattison Outdoor Advertising to construct an Off-premises
                           Freestanding Sign (convert existing west face from static to digital – 6.0
                           metres by 3.0 metres (Reference Development Permit #001000887)).
                           October 8, 2009
-----------------------------------------------------------------------------------------------------------------------
SDAB-S-09-004              An appeal by IBI Geomatics Inc. to create two (2) multiple family bare land
                           condominium units.
                           October 15, 2009
-----------------------------------------------------------------------------------------------------------------------
SDAB-D-09-215              An appeal by Alliance Ready Mix Ltd. to construct an addition to a General
                           Industrial Use Building (Alliance Ready Mix Dry Batch Plant)
                           October 15, 2009
-----------------------------------------------------------------------------------------------------------------------
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
-----------------------------------------------------------------------------------------------------------------------
SDAB-D-09-135              An appeal by Paul Lamba to operate a General Industrial Use (Trucking
                           Yard)
                           October 29, 2009
-----------------------------------------------------------------------------------------------------------------------

				
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