SUBDIVISION
AND
DEVELOPMENT APPEAL BOARD
AGENDA
Meeting No. 40H/09
Thursday, 9:00 A.M.
October 8, 2009
Heritage Room
Main Floor, City Hall
2
Meeting No.: 40H/09
Thursday, October 8, 2009
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HERITAGE ROOM
Page 1 of 2
--------------------------------------------------------------------------------------------------------------------9:00 A.M.
SDAB-D-09-235
Construct alterations to
I
89342642-001
an existing Accessory
Building (Installing
Dormers making it a Two
Storey Detached
Garage).
8146 – 79 Avenue NW
--------------------------------------------------------------------------------------------------------------------BREAK: 10:00 A.M. TO 10:15 A.M.
--------------------------------------------------------------------------------------------------------------------10:15 A.M.
SDAB-D-09-236
Construct an Accessory
II
89325177-001
Building (Two Storey
Detached Garage).
10531 – 138 Street NW
--------------------------------------------------------------------------------------------------------------------11:15 A.M.
SDAB-D-09-237
Construct three
III
87529947-001
Accessory Buildings
(3.14 metres by 1.91
metres shed, 3.37 metres
by 1.87 metres shed, 2.91
metres by 2.09 metres
shed) all existing without
permits.
14319 – 47 Avenue NW
--------------------------------------------------------------------------------------------------------------------LUNCH BREAK: 12:30 P.M. TO 1:00 P.M.
--------------------------------------------------------------------------------------------------------------------1:00 P.M.
SDAB-D-09-190
Construct an OffIV
86659850-001
premises Freestanding
Sign (convert existing
west face from static to
digital – 6.0 metres by
3.0 metres [References
Development Permit
#001000887]).
Condo Common Area
(Plan 0120554)
---------------------------------------------------------------------------------------------------------------------Meeting No.: 40H/09
Thursday, October 8, 2009
3
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HERITAGE ROOM
Page 2 of 2
--------------------------------------------------------------------------------------------------------------------2:30 P.M.
SDAB-D-09-238
Install two On-premises
V
88502929-001
Fascia Sign and one Onpremises Freestanding
Sign (McCormack
Optometic Centres with
1.74 metres by 2.59
metres digital display).
6245 – 199 Street NW
--------------------------------------------------------------------------------------------------------------------BREAK: 3:30 P.M. TO 3:45 P.M.
--------------------------------------------------------------------------------------------------------------------3:45 P.M.
SDAB-D-09-239
Operate a Restaurants
VI
87661552-001
Use (Public Space:
120.54 square metres and
58 seats and a Minor
Amusement
Establishments (one pool
table) and to construct
interior alterations –
Tasty Choice.
15540 – Stony Plain
Road 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. 40H/09
Thursday, October 8, 2009
I
ITEM I: 9:00 A.M.
FILE: SDAB-D-09-235
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 89342642-001.
DEVELOPMENT OFFICER’S DECISION DATE: September 1, 2009.
ADDRESS OF APPELLANT: 8146 – 79 Avenue NW, Edmonton, AB, T6C 0R1.
DATE OF APPEAL: September 14, 2009.
APPLICATION FOR PERMISSION TO: Construct alterations to an existing
Accessory
Building
(installing
dormers to make it a two storey
Detached Garage).
ZONE: RF3 Low Density Development Zone.
LEGAL DESCRIPTION: Lot 3, Block 37, Plan 1738HW.
MUNICIPAL DESCRIPTION: 8146 – 79 Avenue NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development was refused for the following reason:
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:
Exceeds by:
2 Storeys
1 Storey
Note: The applicant has not provided information grade elevations
pursuant to Section 52.5 to calculate height.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“Background
My earlier appeal was approved for a garage height increase from 12 feet to 13.5
feet and an upper level storage area. Since that approval I have decided I want to
add dormers and make the space more usable.
cont’d….
5
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-235
9:00 A.M.
APPELLANT’S SUBMISSION (CONTINUED):
Reason
In the original plan for this garage, I had the upper floor area simply as space to
help with storage needed for my home business, boxed software. Thousands of
boxes. But it turns out downloading software is the way to go. Between that face
and seeing other garages go up in the neighbourhood, I have recognized it would be
great to use this area as a workshop and storage room at one end. More light and
more head room is what I would like to add with the addition of dormers.
At 75 square metres (less than 1000 square feet), the home has a desperate shortage
of storage and living space for a growing family. Removing the workshop from
downstairs would free this space up. The above garage area would be ideal for this.
Over the past decade I have been renovating and upgrading the home, as you can
see in the picture it is an attractive residence and we hope to stay, continue to make
improvements and not have to relocate.
Low Impact
A regular garage would usually be built at what was the yard grade vs my
excavating down to just above lane grade, the resulting real height of this garage is
18 inches below what it would have been. I recognize the structure should not be
overbearing and look out of place. I feel the excavation, the dormers being set in
from the outside walls and the upper area being accommodated within the roof lines
does this very well.
In speaking to the neighbours for the last appeal, many were very positive and
admired the design and several thought they would very much like to do something
similar one day.
In recent times there is a lot of demolition, upgrading and rebuilding on a larger
scale than the original development had some 50 years ago. I’m sure the garage I
am proposing will fit in well. With the expected route of the LRT to go close by, I
would expect this to accelerate. My only worry about the area is it seems attractive
to speculators and folks who rent tend to have less of stake in the neighbourhood.”
___________________________________________________________________
cont’d….
6
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-235
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct alterations to an existing Accessory Building
(Installing dormers making it a two storey Detached Garage).
The site is located on the north side of 79 Avenue west of 81 Street and is zoned
RF3 Low Density Development Zone, Section 140 of the Edmonton Zoning Bylaw
12800. The subject site is within the Mature Neighbourhood Overlay, Section 814.
NOTE: The submitted plans indicate that the existing Detached Garage is 8.53
metres by 6.71 metres in size and is located 1.83 metres from the rear
(north) property line and 0.91 metres from the east Side property line. The
proposed Height of the Detached Garage is 4.11 metres and two storeys.
The Development Officer provides the following information:
Site Area:
12 Percent Allowable Site Coverage:
28 Percent Allowable Site Coverage:
40 Percent Total Site Coverage:
507.77 square metres
60.93 square metres
142.18 square metres
203.11 square metres
Accessory Building Site Coverage:
57.24 square metres
Existing Principal Building Site Coverage: 74.99 square metres
Total Site Coverage:
132.23 square metres
Under Section 50.3(2), an Accessory Building or Structure shall not exceed
4.3 metres nor one Storey in Height. The proposed height of the Detached
Garage is 4.11 metres and 2 Storeys and exceeds by one storey.
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
cont’d….
7
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-235
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
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.
Section 6.1(35) states 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 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 50.3(4)(b) states that an Accessory Building or Structure shall be
located not less than 0.9 metres from the side lot line.
Section 814.3(19) states that the minimum distance from the rear lot line to
a Detached Garage where the vehicle doors face the Lane shall be 1.2
metres.
The following permit applications are listed in Planning and Development’s
Posse System:
Application
Number
49168036-002
SDAB-D-05-253
49168036-001
Description
Decision
To construct an Accessory
Building (1 1/2 storey
Detached Garage 22 feet by
28 feet).
To construct an Accessory
Building (1 1/2 storey
Detached Garage 22 feet by
28 feet).
cont’d….
September 15, 2005 –
Approved with
conditions
August 12, 2005 Refused
8
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-235
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application
Number
48944938-001
873965-001
101246-001
Description
Decision
To demolish a Single
Detached Garage
To operate a Minor Home
Occupation (Graphic Artist)
July 26, 2005; Approved
with conditions
December 20, 1999;
Approved with
conditions
June 1, 1993; Approved
To construct an uncovered
deck with a Jacuzzi
(existing without
permits)(irregular size)
___________________________________________________________________
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-09-235
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
10
Meeting No. 40H/09
Thursday, October 8, 2009
II
ITEM II: 10:15 A.M.
FILE: SDAB-D-09-236
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 89325177-001.
DEVELOPMENT OFFICER’S DECISION DATE: September 1, 2009.
ADDRESS OF APPELLANT: 10531 – 138 Street, Edmonton, AB, T5N 2J5.
DATE OF APPEAL: September 14, 2009.
APPLICATION FOR PERMISSION TO: Construct an Accessory Building (two
storey Detached Garage).
ZONE: RF1 Single Detached Residential Zone.
LEGAL DESCRIPTION: Lot 13, Block 65, Plan 3875P.
MUNICIPAL DESCRIPTION: 10531 – 138 Street.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development is refused for the following reason:
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:
Exceeds by:
2 Storeys
1 Storey
Note: The applicant has not provided information grade elevations
pursuant to Section 52.5 to calculate height.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“Reasons for the appeal:
1.
2.
3.
Precedence – There are numerous garages in the immediate area with
second storey areas, including outside access, windows and dormers.
Project is within all other parameters – height, allowable lot coverage and
allowable square footage of an accessory building are all within allowable
parameters.
Neighbours in the area have all been asked and have given consent.
cont’d….
11
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-236
10:15 A.M.
APPELLANT’S SUBMISSION (CONTINUED):
4.
The design of the garage is in keeping with the mature neighbourhood. The
traditional semi-bungalow, the predominant design in the area has a 10/12
roof line and the numerous renovations and new homes in the area include
the utilization of such roof lines and additional dormers on the second
storey.
5.
We will be doing renovations to the home in the next few years that will
include an extended second storey with dormers that will be in keeping with
the design of the new garage.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct an Accessory Building (Two Storey Detached
Garage).
The site is located on the north of 105 Avenue east of 138 Street and is zoned RF1
Single Detached Residential Zone, Section 110 of the Edmonton Zoning Bylaw
12800. The subject site is within the Mature Neighbourhood Overlay, Section 814.
NOTE: The submitted plans indicate that the proposed Detached Garage is 7.5
metres by 6.69 metres in size and is located 5.29 metres from the rear (east)
property line and 0.90 metres from the south Side property line. The
proposed Height of the Detached Garage is 4.19 metres and two storeys.
The Development Officer provides the following information:
Site Area:
12 Percent Allowable Site Coverage:
28 Percent Allowable Site Coverage:
40 Percent Allowable Site Coverage:
650.15 square metres
78.02 square metres
182.04 square metres
260.06 square metres
Accessory Building Site Coverage:
Existing Principal Building Site Coverage:
Total Site Coverage:
52.62 square metres
127.77 square metres
132.23 square metres
Under Section 50.3(2), an Accessory Building or Structure shall not exceed
4.3 metres nor one Storey in Height. The proposed height of the Detached
Garage is 4.19 metres and 2 Storeys and exceeds by one storey.
cont’d….
12
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-236
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Further, under Section 6.1(36)(b), the ridge line of the roof shall not extend
more than 1.5 metres above the maximum permitted building Height of the
Zone. The maximum allowable Height, to the ridge line of the roof, is 5.8
metres (19.0 feet), proposed is 6.1 metres (20 feet) and exceeds the
allowable by 0.3 metres (1.0 feet).
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.
Section 6.1(32) states 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 6.1(66) 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 50.3(4)(b) states that an Accessory Building or Structure shall be
located not less than 0.9 metres from the side lot line.
cont’d….
13
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-236
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Section 814.3(19) states that the minimum distance from the Rear Lot Line
to a Detached Garage where the vehicle doors face the Lane shall be 1.2
metres.
The following permit applications are listed in Planning and Development’s
Posse System:
Application Number
89325177-001
68693579-001
66460-001
Description
To demolish an existing
Detached Garage
To operate a Minor
Home Based Business
(Administration for
Foreign Recruitment
Compliance Certificate
Decision
August 27, 2009 Approved
June 20, 2007 –
Approved with
conditions
August 19, 1998 Completed
___________________________________________________________________
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.
___________________________________________________________________
14
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-09-236
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
15
Meeting No. 40H/09
Thursday, October 8, 2009
III
ITEM III: 11:15 A.M.
FILE: SDAB-D-09-237
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 87529947-001.
DEVELOPMENT OFFICER’S DECISION DATE: September 2, 2009.
ADDRESS OF APPELLANT: 2800, 10060 Jasper Avenue, Edmonton, AB, T5J 3V9.
DATE OF APPEAL: September 15, 2009.
APPLICATION FOR PERMISSION TO: Construct three Accessory Buildings
(3.14 metres by 1.91 metres
Shed/3.37 metres by 1.87 metres
Shed/2.91 metres by 2.09 metres
Shed), all existing without permits.
ZONE: RF1 Single Detached Residential Zone.
LEGAL DESCRIPTION: Lot 22, Block 22, Plan 4011RS.
MUNICIPAL DESCRIPTION: 14319 – 47 Avenue NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development is refused for the following reasons:
An Accessory Building or Structure shall be located not less than 0.9
metres (3.0 feet) from the side lot line. Reference Section
50.3(4)(b).
Shed #1
Required:
0.90 metres
Existing:
0.34 metres
Deficient by: 0.56 metres
Shed #2
Required:
0.90 metres
Existing:
0.04 metres
Deficient By: 0.86 metres
cont’d….
16
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-237
11:15 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED):
Shed #3
Required:
0.90 metres
Existing:
0.22 metres
Deficient By: 0.68 metres
An Accessory Building or Structure shall be located not less than
18.0 metres from the Front Lot Line, unless it complies with the
Yard requirements for a principal building. Reference Section
50.3(4)(a).
Required:
18.0 metres
Existing:
14.0 metres (Shed #1)
Deficient By: 4.0 metres
Existing:
14.14 metres (Shed #2)
Deficient By: 3.86 metres
Note: The existing structures may not comply with the Alberta
Building Code. The applicant is advised to contact a Safety Codes
Officer at 496-3100 to determine if the existing structures require
modifications to comply with the Alberta Building Code.
___________________________________________________________________
APPELLANT’S SUBMISSION
“First, the three shed that are the subject of this appeal (the “Accessory Buildings”)
do not unduly interfere with the amenities of the neighbourhood, nor do they
materially interfere with or affect the use, enjoyment, or value of the neighbouring
properties. As support for this premise we have enclosed letters of consent from the
adjacent property owners, both of which support our application for development
permits. These neighbours would be the ones that would be most affected by the
location of the Accessory Buildings and accordingly, the fact they are supportive of
this application is strong evidence that the Accessory Buildings do not and will not
adversely affect the use, enjoyment or value of the neighbouring properties.
Additionally, we submit that the Accessory Buildings conform with the use
prescribed for the lands.
cont’d….
17
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-237
11:15 A.M.
APPELLANT’S SUBMISSION (CONTINUED):
Secondly, we submit that this variance to the bylaw should be approved on the basis
that if it were not approved, it would cause unnecessary hardship and practical
difficulties that are peculiar to the land. Specifically, one of the Accessory
Buildings houses the hardware for the swimming pool and moving the same to
comply with the setback requirements would be extremely expensive and
inconvenient. Additionally, due to the location of the pool and the hot tub, as well
as the fact that the south-eastern corner of the lot is cut off, moving the Accessory
Buildings would drastically change the way the yard could be used, as the
Accessory Buildings would have to be situated to the southern end of the lot.
Overall, the undue hardship from both a practical and financial perspective give rise
to a ground for which we submit, the Subdivision and Development Appeal Board
should consider approving the requisite development permits.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct three Accessory Buildings (a 3.14 metres by 1.91
metres Shed; a 3.37 metres by 1.87 metres Shed; and a 2.91 metres by 2.09 metres
Shed).
The site is located west of 143 Street on the south side of 47 Avenue and is zoned
RF1 Single Detached Residential Zone, Section 110 of the Edmonton Zoning
Bylaw 12800. The site is within the Mature Neighbourhood Overlay, Section 814.
NOTE:The submitted Real Property Report, dated May 27, 2008, indicates that
there are 3 sheds on the subject site. Shed No.1 is 3.14 metres by 1.91
metres in size and is located 0.34 metres from the northwest side property
line, 3.33 metres from the northwest side elevation of the existing principal
dwelling and 14.0 metres from the Front Lot Line (47 Avenue). Shed
No.2 is 2.09 metres by 2.91 metres in size and is located 0.04 metres
from the southeast side property line, 3.28 metres from the southeast side
elevation of the existing principal dwelling and 14.14 metres from the Front
Lot Line. Shed No.3 is 1.87 metres by 3.37 metres in size and is located
0.22 metres from the southeast side property line.
Under Section 12.2(3), a single Storey Accessory Building not greater than
10.0 square metres in Floor Area, does not require a Development Permit.
cont’d….
18
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-237
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Section 50.3(4)(b) states that an Accessory Building or Structure shall be
located not less than 0.9 metres from the Side Lot Line. Shed No. 1 is
located 0.34 metres from the northwest Side property line and is deficient by
0.56 metres. Shed No. 2 is located 0.04 metres from the southeast Side
property line and is deficient by 0.86 metres. Shed No. 3 is located 0.22
metres from the southeast Side property line and is deficient by 0.68 metres.
Under Section 50.3(4)(a), on an Interior Site, an Accessory Building or
Structure shall be located not less than 18.0 metres from the Front Lot Line,
unless it complies with the Yard requirements for a principal building. Shed
No. 1 is located 14.0 metres from the Front Lot Line and is deficient by 4.0
metres. Shed No. 2 is located 14.14 metres from the Front Lot Line and is
deficient by 3.86 metres.
The Development Officer provides the following information:
Site Area:
40 Percent Allowable Site Coverage:
834.94 square metres
333.98 square metres
Existing three Accessory Buildings Site Coverage: 18.37 square metres
Existing Principal Building Site Coverage:
190.17 square metres
Proposed Total Site Coverage:
208.54 square metres
The Board is advised that, at the time of applying for the Development
Permit, the Applicant submitted two letters of support from the immediately
adjacent property owners who reside at 14323 – 47 Avenue and 14315 - 47
Avenue.
The following permit applications are listed in Planning and Development’s
Posse System:
Application Number
77780219-002
Description
Encroachment
Agreement – Fence
encroaches onto Lane
cont’d….
Decision
August 31, 2009 Completed
19
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-237
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application Number
84964874-001
77780219-001
Description
Decision
Response to Compliance Confirmation of
Letter
Development and
Building Permit for the
pool and spa (Jacuzzi
Hot Tub)
Compliance Certificate
June 3, 2008 –
Completed - Your Real
Property Report, dated
May 27, 2008 showed a
Single Detached House,
Attached Garage and
Covered Rear Deck that
complies with the RF1
(Single Detached
Residential) Zone
development
regulations.
You are also advised
that a search of our files
revealed no record of
building approval for the
hot tub.
A Building Permit must
be obtained for this
structure. To apply for a
building permit, you
must submit the required
drawings as outlined in
the enclosed brochure,
as well as the
appropriate fees. Any
approval or refusal is
subject to the right of
appeal to the
Subdivision and
Development Appeal
20
77780219-001
(Continued)
Board.
IF YOU REQUIRE
FURTHER
INFORMATION
CONCERNING
DEVELOPMENT OR
BUILDING PERMITS,
PLEASE CONTACT
OUR CUSTOMER
INFORMATION
CENTRE AT 780-4963100.
The Accessory Building
(1.91m x 3.14m and
2.09m x 2.91m sheds)
shown on the subject
document does NOT
comply with the
following yard
regulations of Section
50.3 (Accessory
Buildings in Residential
Zone):
- Section 50.3(4)(a)
requires that an
Accessory Building
shall be located not less
than 18 m from the
Front Lot Line, unless it
complies with the Yard
requirements for a
principal building
(minimum side yard
shall be 1.2 m.
The shed should be
relocated.
You are also advised
that Section 50.3(4)(b)
and Section 50.3(4)(d)
require that the 1.87m x
3.37m shed should be
21
77780219-001
(Continued)
located at least 0.9 m
from the side lot line
and at least 0.6 m from
the rear lot line.
The Real Property
Report also shows that
the fence encroaches
onto the lane. The
City's Streets
Development Control
Bylaw requires an
Encroachment
Agreement for any
unauthorized
development within the
road right-of-way.
(Note: Encroachment
Fees: Application $340.00+GST,
Encroachment Fee $284.00+GST)
___________________________________________________________________
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.
___________________________________________________________________
22
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-09-237
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
23
Meeting No. 40H/09
Thursday, October 8, 2009
IV
TO BE RAISED
ITEM IV: 1:00 P.M.
FILE: SDAB-D-09-190
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 86659850-001.
DEVELOPMENT OFFICER’S DECISION DATE: July 3, 2009.
ADDRESS OF APPELLANT: 10707 – 178 Street NW, Edmonton, AB, T5S 1J6.
DATE OF APPEAL: July 16, 2009.
APPLICATION FOR PERMISSION TO: Construct an Off-premises Freestanding
Sign (convert existing west face from
static to digital – 6.0 metres by 3.0
metres (Reference DP#001000887)).
ZONE: CO Commercial Office Zone.
LEGAL DESCRIPTION: Condo Common Area (Plan 0120554).
MUNICIPAL DESCRIPTION: 11003 – Jasper Avenue NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED - The proposed development was refused for the following reasons:
1) All proposed Freestanding Off-premises Sign locations shall be
reviewed in context with the surrounding development, such as
(but not limited to): the architectural theme of the area; any historic
designations; the requirements of any Statutory Plan; any
streetscape improvements and proximity to residential
development. The Development Officer may require revisions to
the application to mitigate the impact of a proposed Freestanding
Off-premises Sign or may refuse a permit that adversely impacts
the built environment. (Reference Section 59F.2(2)(c)).
It is the opinion of the Development Planner that the proximity to
residential development may adversely impact the built
environment. (Reference Section 59F.2 (2)(c)).
2) Freestanding Off-premises Signs may include electronic Copy or
Animation subject to review of the Development Officer in
consultation with the Transportation and Streets Department. The
applicant shall provide evidence that the proposed Copy or
cont’d....
24
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-190
1:00 P.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED):
Animation does not cause undue distraction to pedestrian or
vehicular traffic. (Reference Section 59F.2(2)(i)).
The applicant has not provided evidence that the proposed Copy or
Animation does not cause undue distraction to pedestrian or
vehicular traffic.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“We do not agree with the Development Planner’s reasons for refusal. The
proximity to residential development should have no impact to the built
environment as the billboard already exists and we are only changing the west face
to Digital. The question was never asked relative to traffic safety and would it have
been, we would have provided.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct an Off-premises Freestanding Sign (convert existing
west face from static to digital – 6 metres by 3 metres [Reference DP# 001000887].
The site is located on the southwest corner of Jasper Avenue and 110 Street and is
zoned CO Commercial Office Zone, Section 360. This site is within Sub-Area 4 of
the Oliver Area Redevelopment Plan passed by City Council in December, 1997,
under Bylaw 11618 (as amended).
NOTE: On September 17, 2009, the Subdivision and Development Appeal Board
TABLED the subject appeal to October 8, 2009, at the written request of the
Appellant.
On August 27, 2009, the Subdivision and Development Appeal Board
TABLED the subject appeal to September 17, 2009 at the written request of
the Appellant.
Section 360.3(19) states that a Freestanding Off-premises Sign is a
Discretionary Use in the CO Zone.
cont’d….
25
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-190
1:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Freestanding Off-premises Signs means any Sign supported independent
of a building, displaying Copy that directs attention to a business, activity,
product, service or entertainment that cannot be considered as the principal
products sold nor a principal business, activity, entertainment or service
provided on the premises or Site where the Sign is displayed. (Section
7.9(3))
Freestanding Signs means any On-premises or Off-premises Sign
supported independently of a building. The Sign may take the form of single
or multiple icons, product or corporate symbol, may involve a three
dimensional or volumetric representation, may have single or multiple faces
and may or may not be permanently fixed to the ground (Section 6.2(8)).
The submitted plans indicate that the existing double-sided Freestanding
Off-premises Sign faces in an east/west direction and is located 3.0 metres
from the west side property line and 7.4 metres to the curb abutting 111
Street. Each face of the horizontal poster is 3.05 metres by 6.10 metres (10
feet by 20 feet) in size. This application is to replace the existing static
‘West’ face to digital. The overall Height of the sign above grade is 8.0
metres (26.2 feet).
Section 360.4(6) states Signs shall comply with the regulations found in
Schedule 59F.
Schedule 59F.2(2)(c) states all proposed Freestanding Off-premises Sign
locations shall be reviewed in context with the surrounding development,
such as (but not limited to): the architectural theme of the area; any historic
designations; the requirements of any Statutory Plan; any streetscape
improvements; and proximity to residential development. The Development
Officer may require revisions to the application to mitigate the impact of a
proposed Freestanding Off-premises Sign or may refuse a permit adversely
impacts the built environment.
It is the opinion of the Development Officer that the proximity to
residential development may adversely impact the built environment.
cont’d….
26
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-190
1:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Schedule 59F.2(2)(i) states that Freestanding Off-premises Signs may
include electronic Copy or Animation subject to review of the Development
Officer in consultation with the Transportation and Streets Department. The
applicant shall provide evidence that the proposed Copy or Animation does
not cause undue distraction to pedestrian or vehicular traffic.
The applicant has not provided evidence that the proposed Copy or
Animation does not cause undue distraction to pedestrian or
vehicular traffic.
Schedule 59.2(2) states that Freestanding Off-premises Signs shall be
subject to the following regulations:
a.
Off-premises Signs are prohibited in the civic centre area bounded
by 105 Avenue to the north, the North Saskatchewan River Valley to
the south, 97 Street to the east, and 100 Street to the west;
b.
Freestanding Off-premises Sign permits may be approved for a
period of up to five years;
c.
all proposed Freestanding Off-premises Sign locations shall be
reviewed in context with the surrounding development, such as (but
not limited to): the architectural theme of the area; any historic
designations; the requirements of any Statutory Plan; any streetscape
improvements; and proximity to residential development. The
Development Officer may require revisions to the application to
mitigate the impact of a proposed Freestanding Off-premises Sign or
may refuse a permit adversely impacts the built environment;
d.
the maximum Height of any Freestanding Off-premises Sign shall be
8.0 metres;
e.
the maximum Area of any Freestanding Off-premises Sign shall be
65 square metres;
cont’d….
27
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-190
1:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
f.
no part of any Freestanding Off-premises Sign shall be located
within any required Yard or Setback;
g.
Freestanding Off-premises Sign locations shall be separated from
any other Off-premises Sign location by a minimum of 100.0 metres.
For Off-premises Signs with an Area of 20 square metres to
40 square metres, this separation shall be increased to 200.0 metres.
For Off-premises Signs with an Area over 40 square metres, this
separation shall be increased to 300.0 metres. The separation shall be
applied from the larger Off-premises Sign location regardless of the
size of any proposed Off-premises Sign;
h.
Freestanding Off-premises Signs may be illuminated; and
i.
Freestanding Off-premises Signs may include electronic Copy or
Animation subject to review of the Development Officer in
consultation with the Transportation and Streets Department. The
applicant shall provide evidence that the proposed Copy or
Animation does not cause undue distraction to pedestrian or
vehicular traffic.
j.
An application for the renewal of a Sign with a lawful permit
existing at the time of the passage of this Bylaw will not be refused
for the sole reason that it does not comply with development
regulations of this Bylaw.
The following permit applications are listed in Planning and Development’s
POSSE System:
Application
Number
86668804-001
Description
Decision
To construct an Off- May 22, 2009 –
Premises
Freestanding
Sign (convert existing
west face from static to CANCELLED
digital,
general
advertising)
cont’d....
28
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-190
1:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application
Number
1000887-002
1000887-001
Description
Decision
To extend the duration of
a Freestanding General
Advertising Sign (double
sided facing East/West)
April
25,
2006
–
Approved with conditions
- Approved for up to 5
years. A new application
will be required to extend
the display duration on or
before April 25, 2011.
June 25, 2001 – Approved
with conditions
- Expiry date is July 4,
2003
October 5, 1994 –
Approved with conditions
To extend the duration of
a Freestanding General
Advertising Sign (double
sided facing East/West)
117349-002
To
construct
a
Freestanding
General
Advertising Sign (two
sided facing East/West)
117349-001
To
construct
a August 24, 1994 –
Freestanding
General Approved with conditions
Advertising Sign (two
sided facing East/West)
CANCELLED
___________________________________________________________________
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.
___________________________________________________________________
29
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-09-190
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
30
Meeting No. 40H/09
Thursday, October 8, 2009
V
ITEM V: 2:30 P.M.
FILE: SDAB-D-09-238
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 88502929-001.
DEVELOPMENT OFFICER’S DECISION DATE: September 8, 2009.
ADDRESS OF APPELLANT: 12108 – 66 Street NW, Edmonton, AB, T5B 1J8.
DATE OF APPEAL: September 10, 2009.
APPLICATION FOR PERMISSION TO: Install two On-Premises Fascia Signs
and one On-Premises Freestanding
Sign
(McCormack
Optometric
Centre) with 1.74 metres by 2.59
metres digital display.
ZONE: CNC Neighbourhood Convenience Commercial Zone.
LEGAL DESCRIPTION: Lot 90, Block 8, Plan 0323954.
MUNICIPAL DESCRIPTION: 6245 – 199 Street NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development is refused for the following reason:
This site is Zoned CNC (Neighbourhood Convenience Commercial
Zone and Animation/Digital Signage is neither Permitted nor
Discretionary. Reference Section 59D.1(3).”
___________________________________________________________________
APPELLANT’S SUBMISSION
“We feel that we should be permitted the digital portion of this sign even though the
zoning of this site does not permit it.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to install two On-premises Fascia Signs and one On-premises
Freestanding Sign (McCormack Optometric Centre with 1.74 metres by 2.59 metres
digital display).
cont’d….
31
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-238
2:30 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
The site is located north of 62 Avenue on the east side of 199 Street and is zoned
CNC Neighbourhood Convenience Commercial Zone, Section 310 of the
Edmonton Zoning Bylaw 12800. The site is within the Grange Area Structure Plan,
Bylaw 11749, adopted by City Council in May, 1998 and within the Glastonbury
Neighbourhood Structure Plan, Bylaw 11750, adopted by City Council in May,
1998.
NOTE:Fascia On-premises Signs and Freestanding On-premises Signs are
Permitted Uses in the CNC Zone, Section 310.2(6) and 310.2(7)
respectively.
Fascia Signs means any Sign painted on or attached to an exterior building
wall, or any other permitted structure, on which a two dimensional
representation may be placed, so that the Sign does not extend more
than 40 centimetres out from the wall or structure nor beyond the
horizontal limits of the wall. Fascia Signs may or may not be permanent.
This definition includes banners or any other two dimensional medium.
Fascia On-premises Signs means any Sign painted on or attached to an
exterior building wall, or any other permitted structure, on which a two
dimensional representation may be placed. The Copy on such a Sign
identifies or advertises a business, activity, service or product located on the
premises or Site where the Sign is displayed, Section 7.9(2).
Freestanding On-premises Signs means any Sign supported independent
of a building, displaying Copy that identifies or advertises a business,
activity, service or product located on the premises or Site where the Sign is
displayed, Section 7.9(4).
The submitted plans and Permit Detail indicate that the Freestanding Onpremises Sign has a horizontal dimension of 2.59 metres and a vertical
dimension of 3.26 metres. The overall height above grade is 7.9 metres.
The proposed Freestanding On-premise sign is located at the north end of
the site, 3.07 metres (10.08 feet) from the west side property line and 20.60
metres (67.58 feet) from the curb. The digital portion of the Sign is 1.70
metres by 2.57 metres in size.
cont’d….
32
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-238
2:30 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
The two proposed Fascia On-premises Signs are located on the existing
commercial Building, are facing 199 Street and are 16.46 metres (54.0 feet)
from the west side property line and 17.98 metres (59.0 feet) from the east
side property line.
Section 310.4(10) states that Signs shall comply with the regulations found
in Schedule 59D.
59D.1
1.
3.
Regulations for Permitted Signs
Fascia On-premises Signs shall be subject to the following
regulations:
a.
Fascia On-premises Signs shall only face a public roadway
other than a Lane;
b.
any Fascia On-premises Sign shall not extend higher than 75
centimetres above the floor of the third Storey. The top of a
Fascia Sign on a one Storey building or two Storey building
shall not extend more than 30 centimetres above the building
roof or parapet wall;
c.
any Fascia On-premises Sign that extends over a public rightof-way or passageway intended for pedestrian travel shall
maintain a minimum clearance of 2.4 metres;
d.
any Fascia On-premises Sign may cover up to 50 percent of
the face of the wall where it is displayed; and
e.
Fascia On-premises Signs may be illuminated.
Freestanding On-premises Signs shall be subject to the following
regulations:
a.
the maximum Height of a Freestanding On-premises Sign
shall be 8.0 metres;
cont’d….
33
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-238
2:30 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
b.
the maximum Area of a Freestanding On-premises Sign shall
not exceed 20 square metres;
c.
the maximum number of Freestanding On-premises Signs
shall not exceed one per Frontage abutting a public roadway;
d.
Freestanding On-premises Signs locations shall be set back
3.0 metres where the Site shares a property line with another
parcel;
e.
Freestanding On-premises Signs shall have a 30.0 metres
radial separation distance from any other Freestanding Onpremises Sign on the same Site; and
f.
Freestanding On-premises Signs may be illuminated.
The following permit applications are listed in Planning and Development’s
POSSE System:
Application
Number
69599418-004
69599418-003
Description
Decision
To construct and operate
a
Health
Service
(Optometric Centre) and
accessory General Retail
and
Professional,
Financial, and Office
Support Service.
To construct and operate
a General Retail Building
and a Health Service
Building
(Optometric
Centre)
December 19, 2008 –
Approved with conditions
and variances.
cont’d….
March 13, 2008 –Appeal
allowed and Development
Refused.
34
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-238
2:30 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application
Number
69599418-001
41202641-001
Description
Decision
To construct and operate
a General Retail Building
and a Health Service
Building
(Optometric
Centre)
To construct a Health
Services
Building
(Optometrist Clinic)
January 28, 2008 –
Approved with conditions
and variances.
October 7, 2004 –
Approved with conditions
and variances
EXPIRED
__________________________________________________________________
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-09-238
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
36
Meeting No. 40H/09
Thursday, October 8, 2009
VI
ITEM VI: 3:45 P.M.
FILE: SDAB-D-09-239
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY
AN ADJACENT PROPERTY OWNER
APPLICATION NO.: 87661552-001.
DEVELOPMENT OFFICER’S DECISION DATE: August 25, 2009.
NOTIFICATION OF APPEAL PERIOD: September 1 to September 14, 2009.
ADDRESS OF APPELLANT: 10131 – 155 Street, Edmonton, AB, T5P 2L6.
DATE OF APPEAL: September 14, 2009.
ADDRESS OF RESPONDENT: 15540 Stony Plain Road, Edmonton, AB, T5P 3Z2.
APPLICATION FOR PERMISSION TO: Operate a Restaurant Use (Public
Space: 120.54 square metres and 58
seats) and a Minor Amusement
Establishment Use (one pool table) and
to construct interior alterations – Tasty
Choice.
ZONE: CB1 Low Intensity Business Zone.
LEGAL DESCRIPTION: Lot 2, Block 2, Plan 9524233.
MUNICIPAL DESCRIPTION: 15540 Stony Plain Road NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“APPROVED – The proposed development is approved subject to the following
conditions:
No parking, loading, storage, trash collection, outdoor service or
display area shall be permitted within a required Yard. Vehicular
parking, loading, storage and trash collection areas shall be
located to the rear or sides of the principle building and shall be
screened from view from adjacent Sites, public roadways and
Light Rail Transit lines in accordance with the provisions of
subsection 55.4 of this Bylaw. If the rear or sides of a Site are
used for parking, an outdoor service or display area or both, and
abut a Residential Zone or a Lane serving a Residential Zone,
such areas shall be screened in accordance with the provisions of
subsection 55.4 of this Bylaw. Reference Section 330.4(5)
cont’d….
37
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-239
3:45 P.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED):
All mechanical equipment, including roof mechanical units, shall
be concealed by screening in a manner compatible with the
architectural character of the building or concealed by
incorporating it within the building. Reference Section 330.4(7)
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
Bicycle parking shall be provided in accordance to Section 54.3
and to the satisfaction of the Development Officer.
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)
Accesses from the site to Stony Plain Road, 155 Street and 156
Street are existing. Any modification to the existing accesses
requires the review and approval of the Transportation
Department. Should you require any additional information
please contact Kim Edwards at 780-496-1799.
NOTES:
Signs require separate Development Applications.
cont’d….
38
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-239
3:45 P.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED):
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.
Variance
Note: Variance granted pursuant to Sections 11.3 and 11.4.
Subject to the right of appeal. Reference Section 21.(1).
Section 54.2, Schedule 1(10) and (22) relaxed - The number
of required vehicular parking spaces is reduced from 35 to
7.”
___________________________________________________________________
cont’d….
39
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-239
3:45 P.M.
APPELLANT’S SUBMISSION
“This area already has numerous taverns, restaurants and lounges that more than
supply the area residents with pool tables and minor amusements. Since there is
plenty of these services, the excess is causing the area to have an overwhelming
crime rate. This creates an unsafe area for families with children.
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to operate a Restaurant Use (Public Space: 120.54 square metres
and 58 seats) and a Minor Amusement Establishment Use (one pool table) and to
construct interior alterations – Tasty Choice.
The site is located north of Stony Plain Road on the east side of 156 Street and is
zoned CB1 Low Intensity Business Zone, Section 330 of the Edmonton Zoning
Bylaw 12800.
NOTE: Restaurants, for less than 200 occupants and 240 square metres of Public
Space is listed as a Permitted Use in the CB1 Zone, Section 330.2(12).
A Minor Amusement Establishment is listed as a Permitted Use in the CB1
Zone, Section 330.2(9).
Restaurants mean development where the primary purpose of the facility is
the sale of prepared foods and beverages to the public, for consumption
within the premises or off the Site. Minors are never prohibited from any
portion of the establishment at any time during the hours of operation. This
Use Class typically has a varied menu, with a fully equipped kitchen and
preparation area, and includes fast food and family restaurants, Section
7.4(46).
Minor Amusement Establishments means development providing
facilities within any building, room or area having two or less table games
or electronic games played by patrons for entertainment. This Use Class
does not include Carnivals, Circuses, Indoor Participant Recreation
Services, Adult Mini-Theatres, or Casinos and Other Gaming
Establishments, Section 7.4(34).
cont’d….
40
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-239
3:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
This application was approved by the Development Officer subject to
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 Planner granted the following variance:
1.
Under Section 54.2, Schedule 1 (10)(a), any development within a
Commercial Use Class not listed separately in this table, with a
Floor Area of less than 4500 square metres, requires 2.5 parking
spaces per 100 square metres of Floor Area. Section 54.2, Schedule
1(22) states that Restaurants require 1 parking space per 3.6 square
metres of Public Space. The number of required vehicular parking
spaces is 35 parking spaces, proposed is 7 parking spaces and a
relaxation of 28 parking spaces was granted.
The decision of approval by the Development Officer has been appealed by
a property owner in the area who resides at 10131 – 155 Street.
Included under “Comments” in the Planning and Development POSSE
System dated September 16, 2009, the Development Officer has provided
the following information:
September 16, 2009 - David Flanagan came to speak with me
concerning the Tasty Choice application. He stated that Linda 780707-9086 had contacted him to state that she no longer wanted the
Minor Amusement Establishments (two pool tables) as part of the
application. I stated that I would contact Linda. Contacted Linda
780-707-9086. She stated that the use was for bubble tea with not
pool table. The plans were not available for myself to double check.
I stated that she should contact the Subdivision and Development
Appeal Board (SDAB) and provided Carol Jessop's number.
Included under “Justification” in the Planning and Development POSSE
System dated August 25, 2009, the Development Officer has provided the
following information:
cont’d….
41
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-239
3:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
The site is fully developed and additional vehicular parking spaces
cannot be provided.
The application was circulated to the
Transportation Department for their comments concerning the
parking deficiency and no objections were raised. 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 Planning and Development’s
POSSE System:
Application Number Description
Decision
78726719-001
June 27, 2008 -In
Development Review
65677102-002
SDAB-D-07-147
65677102-001
33153091-001
To
demolish
a
General
Retail
Building
and
construct an addition
to a Hotel (Howard
Johnson Hotel)
To operate a Minor
Alcohol Sales Use
Establishment (Stony
Plain Road Liquor
Store)
To operate a Minor
Alcohol Sales Use
Establishment (Stony
Plain Road Liquor
Store)
To construct an Onpremises
Freestanding
Sign
and an On-premises
Projecting
Sign
(Palms Bingo)
cont’d….
July 19, 2007 - Refused
May 24, 2007 - Refused
June 26, 2003 – Approved
with a condition
42
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-239
3:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application
Number
13398973-002
SDAB-D-02-291
13398973-001
657760-001
657005-001
646386-001
562530-001
Description
Decision
To expand an existing
Casino/Other Gaming
Establishment
Use
(Saxony Bingo), and to
construct
interior
alterations.
To expand an existing
Casino/Other Gaming
Establishment
Use
(Saxony Bingo), and to
construct
interior
alterations.
To
operate
a
Professional, Financial,
and Office Support
Service
(Tour
Operation) in a Hotel
To operate a Business
Support
Service
(Janitorial – 10120 –
155 Street)
To
construct
a
Freestanding Business
Identification
Sign
(Saxony Hotel with
four tenant panels and
one changeable copy
panel – double sided
pylon)
To operate a Retail
Store (Clothing Store)
November 2, 2002 –
Approved with conditions
September 11, 2002 Refused
August 17, 1998 –
Approved with conditions
July 3, 1998 - Approved
May 22, 1998 – Approved
with conditions
January 3, 1997 Approved
___________________________________________________________________
cont’d….
43
Meeting No. 40H/09
Thursday, October 8, 2009
FILE: SDAB-D-09-239
3:45 P.M.
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.
___________________________________________________________________
44
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-09-239
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
45
Meeting No. 40/09
Thursday, October 8, 2009
BUSINESS LAID OVER
----------------------------------------------------------------------------------------------------------------------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-09-225
An appeal by Heather Humm VS Native Counselling Services of Alberta to
construct a Row Housing building and to demolish the existing building
(four dwellings - Native Counselling of Alberta).
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-09-229
An appeal by Timberstone Builders to construct an addition to an existing
Single Detached House (front attached garage and basement swimming pool
room with stairwell to main floor at north end)
October 29, 2009
----------------------------------------------------------------------------------------------------------------------SDAB-D-09-135
An appeal by Paul Lamba to operate a General Industrial Use (Trucking
Yard)
October 29, 2009
-----------------------------------------------------------------------------------------------------------------------