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S U B D I V I S I O N

A N D

D E V E L O P M E N T A P P E A L B O A R D

Meeting No. 46HR3/11

A G E N D A

Wednesday, 9:00 A.M.

November 16, 2011

Hearing Room No. 3

Main Floor, Churchill Building

2

Meeting No.: 46HR3/11 Wednesday, November 16, 2011

SUBDIVISION AND DEVELOPMENT APPEAL BOARD

HEARING ROOM NO.3

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9:00 A.M. SDAB-D-11-255 Construct a Carport. I

114904881-001 3737 – 21 Street NW

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BREAK – 10:15 A.M. TO 10:30 A.M.

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10:30 A.M.

106077945-004

SDAB-D-11-256 Construct an Accessory

Building (6.79 metres by

7.39 metres detached

II

Garage), existing without permits (originally approved as a 6.71 metres by 6.10 metres detached Garage).

10557 – 76 Avenue NW

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LUNCH BREAK – 12:00 P.M. TO 12:30 P.M.

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12:30 P.M. SDAB-D-11-257 Construct a rear III

115887732-001 uncovered deck (irregular shaped), existing without permits.

801 - Wells Wynd NW

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2:00 P.M.

114558753-002

SDAB-D-11-258 Construct a rear addition to a Single Detached

IV

House (one Storey breezeway and rear two-

Storey attached Garage with living space above).

11941 – 57 Street NW

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NOTE:

Unless otherwise stated, all references to “Section numbers” in this Agenda refer to the authority under the Edmonton Zoning Bylaw 12800.

3


ITEM I: 9:00 A.M.

I

Wednesday, November 16, 2011

FILE: SDAB-D-11-255

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER

APPELLANT: Application No.: 114904881-001.

DEVELOPMENT OFFICER’S DECISION DATE: October 14, 2011.

ADDRESS OF APPELLANT: 3737 – 21 Street NW, Edmonton, AB, T6T 1V8.

DATE OF APPEAL: October 20, 2011.

APPLICATION FOR PERMISSION TO: Construct a Carport.

ZONE: RF4 Semi-detached Residential Zone.

LEGAL DESCRIPTION: Lot 9A, Block 34, Plan 0125035.

MUNICIPAL DESCRIPTION: 3737 – 21 Street NW.

___________________________________________________________________

DEVELOPMENT OFFICER’S DECISION

“REFUSED - The proposed development was refused for the following reason:

On any Site zoned RF4 that has a Site Width of less than 10.4 metres, the minimum distance from the Rear Lot Line to a detached

Garage where the vehicle doors face the Lane shall be 2.75 metres.

(Reference Section 50.3(4)(e)(ii)).

Required: 2.75 metres

Proposed: 1.20 metres

Deficient by: 1.55 metres.”

___________________________________________________________________

APPELLANT’S SUBMISSION

“I purchased the duplex in December 2009. Before buying this duplex, I checked if the development would support a carport or garage. I was told to follow the City of

Edmonton “Standard Garage Details”, go to a building supply store, request a package, and submit when ready to build. In February, April, and May 2011, when

I inquired again about a few technical questions, I was told the same thing follow the on-line package. Inquiries on RF4 Zoning or my site address yielded no special treatment or rules and certainly no reference was made at any time to the setback being 2.75 metres from the property line. In August 2011, when I made a formal cont’d….

4

Meeting No. 46HR3/11 Wednesday, November 16, 2011

FILE: SDAB-D-11-255

9:00 A.M.

APPELLANT’S SUBMISSION (CONTINUED) request, I found out the Bylaw was amended in December 2010, requiring a 2.75 metre setback from the property line versus the 1.2 metre setback shown in the online literature. The application was refused and I had to appeal if I wanted a 1.2 metre setback from the rear property line.

I initiated expanded parking in part due to the City of Edmonton changing winter parking, respecting applying for a permit, development plans for this site, and desire to maintain permanent structure for this type of development. This appeal was initiated because I feel consuming an additional 1.75 metres of my back yard a serious problem. Consuming this additional percentage of a small yard does not make any sense to me. Review of all garages on the RF4 side of the rear lane shows 3 of 3 at 1.2 metres from the closest garage point to the edge of the property line. On the east side of the lane, all but one garage is at 1.2 metres from the edge of the property to the garage. They all have an additional 1 metre from the property to the asphalt on the laneway. The Second reason is precedent in development found backing onto the rear lane on both the east and west side that is clearly established as all but one development is at 1.2 metres. If I would have received notice of this Bylaw change, my application would have been submitted immediately.”

___________________________________________________________________

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

This application is to construct a Carport.

The site is located on the east side of 21 Street and north of 37A Avenue and is zoned RF4 Semi-detached Residential Zone, Section 150 of the Edmonton Zoning

Bylaw 12800. The site is within The Meadows Area Structure Plan, under Bylaw

13531 (as amended), approved by City Council on January 21, 2004 and within the

Wild Rose Neighbourhood Structure Plan, under Bylaw 8817 (as amended), approved by City Council on March 22, 1998. cont’d….

5


FILE: SDAB-D-11-255

9:00 A.M.


(CONTINUED)

NOTE: The Real Property Report by Geodetic Surveys & Engineering Ltd., dated

April 4, 2005, shows that the lot is 8.39 metres by 37.01 metres in size. The principal building is one half of a Semi-detached House. The proposed

Carport is 3.05 metres by 4.87 metres in size and is located 1.20 metres from the (east) Rear Lot Line and 0.90 metres from the (south) Side Lot Line.

The Development Officer has indicated that the Height of the proposed carport is 4.3 metres and one Storey.

Section 50.3(4)(e)(ii) states that where the Accessory Building is a Detached

Garage and where the vehicle doors of the Detached Garage face a Lane abutting the Site, no portion of the Garage shall be located less than 4.88 metres from the Rear Lot Line, except on any Site zoned RF4 that has a Site width of less than 10.4 metres, the minimum distance from the Rear Lot

Line to a Detached Garage where the vehicle doors face the Lane shall be

2.75 metres.

The subject site has a Site Width of 8.39 metres, therefore the minimum distance from the Rear Lot Line to the proposed Carport shall be 2.75 metres, proposed is 1.20 metres, and is deficient in the minimum required distance from the Rear Lot Line to a Detached Garage by 1.55 metres.

Under Section 6.1(2) states Accessory means, when used to describe a Use or building, a Use or building naturally or normally incidental, subordinate, and exclusively devoted to the principal Use or building, and located on the same lot or Site.

Under Section 6.1(39), Garage means an Accessory building, or part of a principal building designed and used primarily for the storage of motor vehicles and includes a carport.

Under Section 6.1(77), Rear Lot Line means either the property line of a lot which is furthest from and opposite the Front Lot Line, or, where there is no such property line, the point of intersection of any property lines other than a Front Lot Line which is furthest from and opposite the Front Lot Line. cont’d….

6


FILE: SDAB-D-11-255

9:00 A.M.


(CONTINUED)

Under Section 6.1(90), Site Width means the horizontal distance between the side boundaries of the Site measured at a distance from the Front Lot

Line equal to the required Front Setback for the Zone.

The Development Officer provides the following information:

Site Area:

43 percent allowable Total Site Coverage:

310.41 square metres


Existing Principal Building with attached Garage: 67.67 square metres

Proposed Accessory Structure (carport): 14.82 square metres

Proposed Total Site Coverage: 82.49 square metres

Section 150.4(5)(b) states if the Site Width is less than 9.2 metres, the maximum total Site Coverage shall not exceed 43 percent, with a maximum of 28 percent for a principal building and a maximum of 17 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 shall be

40 percent.

Under Section 6.1(89), Site Coverage means the total horizontal area of all buildings or structures on a Site which are located at or higher than

1.0 metres above grade, including Accessory Buildings or Structures, calculated by perpendicular projection onto a horizontal plane from one point located at an infinite distance above all buildings and structures on the

Site. This definition shall not include: a.

steps, eaves, cornices, and similar projections; b.

driveways, aisles and parking lots unless they are part of a Parking

Garage which extends 1.0 metres or more above grade; or c.

unenclosed inner and outer courts, terraces and patios where these are less than 1.0 metres above grade. cont’d….

7


FILE: SDAB-D-11-255

9:00 A.M.


(CONTINUED)

The following permit applications are listed in the Sustainable Development

Department’s POSSE system:

Application

Number

Description Decision

46228037-001 Compliance Certificate

13027887-001 Compliance Certificate

1070396-001 To construct a Semi-detached

House with attached garages, fireplaces and front verandas.

April 13, 2005; Issued.

May 9, 2002; Stamped.

This Development was approved with conditions. A

Search through POSSE could not find the date when the

Development Permit was issued. A Building Permit was issued March 1, 2002.

__________________________________________________________________

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.

___________________________________________________________________

8

SURROUNDING LAND USE DISTRICTS

Site Location

File: SDAB-D-11-255

SUBDIVISION AND DEVELOPMENT APPEAL BOARD

N

9


ITEM II: 10:30 A.M.

II


FILE: SDAB-D-11-256




ADDRESS OF APPELLANT: 209, 625 – Parsons Road NW, Edmonton, AB, T6X

0A9.


APPLICATION FOR PERMISSION TO: Construct an Accessory Building (6.79 metres by 7.39 metres detached

Garage) existing without permits

(originally approved as a 6.71 metres by 6.10 metres detached Garage).

ZONE: RF3 Low Density Development Zone.

LEGAL DESCRIPTION: Lot 7, Block 48, Plan I25.

MUNICIPAL DESCRIPTION: 10557 – 76 Avenue NW.

___________________________________________________________________


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

The site coverage of Accessory Buildings or Structures shall not exceed 12 percent. (Reference Section 50.3(3)).

Allowable: 12.0 percent

Existing: 13.6 percent

Exceeds by: 1.6 percent

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)).


Existing: 0.69 metres

Deficient by: 0.21 metres cont’d….

10


FILE: SDAB-D-11-256

10:30 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.”

___________________________________________________________________


“Unbeknownst to Kenneth and Beverly Hadlington, the former home owners of the above noted legal address, municipally described as 10557 – 76 Avenue,

Edmonton, Alberta, the detached garage was not built in accordance to the

Development Permit as granted on September 9, 1997.

Upon sale of the property, the Real Property survey submitted to the City of

Edmonton for compliance revealed that there was insufficient side yard allowance and that the site coverage exceeding that provided for in the Development Permit.

Application for a new permit submitted to the Current Planning Branch of City of

Edmonton in October 2011 was refused for the above reasons.

The garage has stood for 13 years without incident or complaint and it is their wish to have a Permit issued for the garage as built.”

___________________________________________________________________ cont’d….

11


FILE: SDAB-D-11-256

10:30 A.M.


This application is to construct an Accessory Building (6.79 metres by 7.39 metres

Detached Garage) existing without permits (originally approved as a 6.71 metres by

6.10 metres Detached Garage).

The site is located on the south side of 76 Avenue west of 105A Street and is zoned

RF3 Low Density Development Zone, Section 140 of the Edmonton Zoning Bylaw

12800. The site is within the Mature Neighbourhood Overlay, Section 814.

NOTE: The Real Property Report by Geodetic Surveys & Engineering Ltd., dated

December 16, 2010 indicates that the subject site is 9.13 metres by 40.21 metres in size. The existing Detached Garage is 7.39 metres by 6.79 metres in size and is located 4.31 metres from the (south) Rear Lot Line, 0.69 metres from the (west) Side Lot Line and 1.02 metres from the (east) Side

Lot Line. The Garage Eaves are 0.38 metres in width.


Site Area: 368.77 square metres

12 percent Allowable Site Coverage:



Existing Principal Dwelling:

Proposed Accessory Building:

Proposed Total Site Coverage:

44.25 square metres



94.33 square metres

50.18 square metres


Section 140.4(5) states that 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.

Section 50.3(3)(a) states that the Site Coverage of Accessory Buildings, with or without a Garage Suite, or Structures shall not exceed 12 percent, unless a different standard is prescribed within the regulations contained within the relevant Zone. The maximum allowable Site Coverage for an

Accessory Building is 44.24 square metres, proposed is 50.18 square metres, which exceeds the maximum allowable Site Coverage for an Accessory

Building by 5.93 square metres. cont’d….

12


FILE: SDAB-D-11-256

10:30 A.M.


(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, except where it is a mutual Garage erected on the common property line to the satisfaction of the Development Officer, or where a Garage is placed on the common property line in accordance with the provisions of the RPL Zone, or where the Accessory Building does not exceed the permitted fence height or in the case of Garage Suites, where the minimum Side Setback shall be in accordance with Section 87. The existing Detached Garage is located 0.69 metres from the west Side Lot Line, which is deficient by 0.21 metres.

The Development Officer has not refused this application on the basis of a violation of the Mature Neighbourhood Overlay.

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.

Under Section 6.1(89), Site Coverage means the total horizontal area of all buildings or structures on a Site which are located at or higher than 1.0 metres above grade, including Accessory Buildings or Structures, calculated by perpendicular projection onto a horizontal plane from one point located at an infinite distance above all buildings and structures on the Site. This definition shall not include: cont’d….

13


FILE: SDAB-D-11-256

10:30 A.M.


(CONTINUED) a.




unenclosed inner and outer courts, terraces and patios where these are less than 1.0 metres above grade.

Under Section 6.1(85), Side Lot Line means the property line of a lot other than a Front Lot Line or Rear Lot Line.

Under Section 6.1(2), Accessory means, when used to describe a Use or building, a Use or building naturally or normally incidental, subordinate, and exclusively devoted to the principal Use or building, and located on the same lot or Site.

Section 814.1 states that the purpose of this Overlay is to ensure that new low density development in Edmonton’s mature residential neighbourhoods is sensitive in scale to existing development, maintains the traditional character and pedestrian-friendly design of the streetscape, ensures privacy and sunlight penetration on adjacent properties and provides opportunity for discussion between applicants and neighbouring affected parties when a development proposes to vary the Overlay regulations.

Section 140.1 states that the purpose of this Zone is to provide primarily for

Single Detached and Semi-detached Housing while allowing small-scale conversion and infill redevelopment to housing forms containing up to four

Dwellings per building, and including Secondary Suites under certain conditions. cont’d….

14


FILE: SDAB-D-11-256

10:30 A.M.


(CONTINUED)

The following permit applications are listed in the Sustainable Development

Department’s POSSE system:

Description Decision Application

Number

115428274-001

106077945-003

SDAB-D-11-045

October 28, 2011; Cancelled.

March 11, 2011;

The Board did not assume jurisdiction due to the late filing of the appeal.

Compliance Certificate

Construct an Accessory

Building (6.79 metres by

7.39 metres Detached

Garage), existing without permits (originally approved as a 6.71 metres by 6.10 metres Detached

Garage) on Lot 7, Block

48, Plan I25 was refused due to an excess in the maximum allowable Site

Coverage for an Accessory

Building or Structure and a deficiency in the minimum required distance from the

Detached Garage to the side Lot Line.

106077945-001 To construct an Accessory

Building (6.79 metres X

7.39 metres Detached

Garage) Existing without permits (Originally approved as a 6.71 metres

X 6.10 metres Detached

Garage).

January 10, 2011; Refused. cont’d….

15


FILE: SDAB-D-11-256

10:30 A.M.


(CONTINUED)

Description Decision Application

Number

106046541-001 Compliance Certificate January 7, 2011; Your Real

Property Report, dated

December 16 , 2010 shows a

Single Detached House that does NOT comply with either the RF3 (Low Density

Development) Zone, or The

Mature Neighbourhood Overlay development regulations. The building should have:

-The minimum Front Yard shall be 6 metres. (Reference Section

140.4(6)).

-Where the Site Width is 12.0 metres or less, the minimum for each interior Side Yard shall be

1.2 metres, regardless of building Height; (Reference

Section 814.3(13)(a)). .

However the building is NON-

CONFORMING pursuant to the Municipal Government

Act's Section 643(5). This means that a non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except:

(a) to make it a conforming building,

(b) for routine maintenance of the building, if the development authority

16

106046541-001

(continued)

106077749-001 considers it necessary,

or

(c) in accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section.

The Detached Garage shown on the Real Property Report is

NOT located in accordance with the Development Permit granted September 9, 1997.

(Development

No.596119-001).

Permit

-Development Permit No.

596119-001 approved the

Garage as 6.10 metres x 6.71 metres.

-Development Permit No.

596119-001 approved the

Garage Side Yard as 1.52 metres.

A Development Permit and

Building Permit must be obtained for changing the size and location of the Garage.

945067-001

660483-001

596119-001

To leave as built an

Accessory Building

(Detached Garage).

To construct an addition to a

Single Detached House

(Family room basement and bedroom and second floor addition and balcony) 4.26 metres x 6.0 metres

To construct an addition to a single detached house - rear addition 6.71 metres x 4.27 metres.

To construct an Accessory

Building (Detached Garage)

6.1 metres x 6.71 metres

December 24, 2010; Cancelled.

October 3, 2000; Approved with conditions.

July 29, 1998; Approved with a variance and a condition.

September 9, 1997; Approved with conditions.

___________________________________________________________________ cont’d….

17


FILE: SDAB-D-11-256

10:30 A.M.



___________________________________________________________________

18


Site Location

File: SDAB-D-11-256


N

19


ITEM III: 12:30 P.M.

III


FILE: SDAB-D-11-257




ADDRESS OF APPELLANT: 16212 – 83 Avenue NW, Edmonton, AB, T5R 3V5.


APPLICATION FOR PERMISSION TO: Construct a rear uncovered deck

(irregular shaped), existing without permits.

ZONE: RF1 Single Detached Residential Zone.

LEGAL DESCRIPTION: Lot 155, Block 42, Plan 8922720.

MUNICIPAL DESCRIPTION: 801 - Wells Wynd NW.

___________________________________________________________________


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

The maximum total site coverage shall not exceed 40 percent, with a maximum of 28 percent for the 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 shall be 40 percent. (Reference Section 110.4(5)).

Allowable Coverage: 40.0 percent

Existing Coverage: 42.8 percent

Exceeds By: 2.8 percent

Platform Structures provided such projections do not exceed 2.0 metres into Setbacks or Separation Spaces with a depth of at least 4.0 metres. (Reference Section 44.3(a)).

Allowable Projection: 2.0 metres

Existing Projection: 2.86 metres

Exceeds By: 0.86 metres.”

___________________________________________________________________ cont’d....

20




FILE: SDAB-D-11-257

12:30 P.M.

“We are currently trying to sell our home at 801 Wells Wynd. We moved to my mother’s house so that we can care for her as she is in ailing health at 83 years of age. When we built the deck seventeen or eighteen years ago we were unaware that we needed a permit to do so. Upon listing the house our realtor informed us that we would need to apply for development and building permits even though the deck was already built. It is a well built structure with stucco finish, aluminum railings and glass panelling. We have discussed the situation with our neighbours and they are supportive of our appeal. They are in agreement that the deck is in no way unappealing, unsafe or in need of renovation. We are requesting that you reconsider the decision to deny the permits.”

___________________________________________________________________


This application is to construct a rear uncovered deck (irregular shaped), existing without permits.

The site is located in a cul-de-sac on the east side of Wells Wynd, which backs onto the west side of Wedgewood Boulevard. The site is zoned RF1 Single Detached

Residential Zone, Section 110 of the Edmonton Zoning Bylaw 12800. The site is within the West Jasper Place (South) Area Structure Plan, under Bylaw 5768 (as amended), approved by City Council on September 24, 1979 and within the

Wedgewood Heights Neighbourhood Structure Plan, under Bylaw 8240 (as amended), approved by City Council on June 25, 1986.

NOTE: The Real Property Report by Hagen Surveys (1982) Ltd., dated September

28, 2011 shows a lot with a (west) arced Site Width of 15.62 metres, an

(east) Site Width of 15.50 metres, a (north) Site depth of 35.04 metres and a

(south) Site depth of 33.97 metres. The proposed rear uncovered deck is located on the (east) rear elevation of the Principal building. The deck is irregular shaped and is 1.72 metres from the (north) Side Lot Line and 4.64 metres from the (east) Rear Lot Line. The Height of the deck is 1.70 metres above Grade and the total Height of the deck with the railing is 2.75 metres. cont’d....

21


FILE: SDAB-D-11-257

12:30 P.M.


(CONTINUED)



40 percent Total Allowable Site Coverage: 216.08 square metres

Principal Dwelling:

Rear uncovered deck:


22.85 square metres

Proposed Total Site Coverage: 231.14 square metres

Section 110.4(5) states that 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. The maximum allowable total Site Coverage is 216.08 square metres, proposed is 231.14 square metres, which exceeds the maximum allowable total Site

Coverage by 15.06 square metres.

Section 110.4(7) states that the minimum Rear Setback shall be 7.5 metres.

Section 44.3(a) states that Platform Structures may project into a required

Setback or Separation Space, provided such projections do not exceed 2.0 metres into Setbacks or Separation Spaces with a depth of at least 4.0 metres. The proposed uncovered deck projects 2.86 metres into the required

Setback, which exceeds the maximum allowable projection by 0.86 metres.

Under Section 6.1(59), 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. cont’d....

22


FILE: SDAB-D-11-257

12:30 P.M.


(CONTINUED)







unenclosed inner and outer courts, terraces and patios where these are less than 1.0 metres above grade.

Under Section 6.1(84), Setback means the distance that a development or a specified portion of it, must be set back from a property line. A Setback is not a Yard, Amenity Space, or Separation Space.

Under Section 6.1(78), Rear Setback means the distance that a development or a specified portion of it, must be set back from a Rear Lot

Line. A Rear Setback is not a Rear Yard, Amenity Space or Separation

Space.

The following permit application is listed in the Sustainable Development

Department POSSE system:

Application Number Description

75314-001 To construct a Single

Decision

May 8, 1991; Approved with conditions. Detached House with front access garage and fireplace.

___________________________________________________________________ cont’d....

23


FILE: SDAB-D-11-257

12:30 P.M.



___________________________________________________________________

24


Site Location

File: SDAB-D-11-257


N

25


ITEM IV: 2:00 P.M.

IV


FILE: SDAB-D-11-258



DEVELOPMENT OFFICER’S DECISION DATE: September 26, 2011.

ADDRESS OF APPELLANT: 26, 9505 – 176 Street NW, Edmonton, AB, T5T

5Z4.


APPLICATION FOR PERMISSION TO: Construct a rear addition to a Single

Detached House (one Storey breezeway and rear two-Storey attached Garage with living space above).

ZONE: RF3 Low Density Development Zone.

LEGAL DESCRIPTION: Lot 20, Block 55, Plan 4636AB.

MUNICIPAL DESCRIPTION: 11941 – 57 Street NW.

___________________________________________________________________


“REFUSED - The proposed development was refused for the following reason:

Section 814.3(17), the minimum Rear Setback shall be 40 percent of

Site depth. Row Housing not oriented to a public roadway, is exempt from this Overlay requirement.



Deficient by: 8.29 metres

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; cont’d....

26


FILE: SDAB-D-11-258

2:00 P.M.

DEVELOPMENT OFFICER’S DECISION (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.”

___________________________________________________________________


“If I have 40 percent of my lot behind my house empty, I will not have room for a garage. Also the house next door does not have 40 percent of his lot empty and he has exactly what I have requested.”

___________________________________________________________________


This application is to construct a rear addition to a Single Detached House (one storey breezeway and rear 2 storey attached garage with living space above).

The site is located on the east side of 57 Street north of 119 Avenue and is zoned

RF3 Low Density Development Zone, Section 140 of the Edmonton Zoning Bylaw

12800. The site is within the Mature Neighbourhood Overlay, Section 814.

NOTE: The Board is advised that the decision of refusal by the Development

Officer is dated September 26, 2011. Fourteen days from the decision date is October 10, 2011 and the Notice of Appeal was filed on October 19,

2011. It should be noted that October 10, 2011 was a Statutory Holiday.

Section 686(1)(a)(i) of the Municipal Government Act states “a development appeal to a subdivision and development appeal board is commenced by filing a notice of the appeal, containing reasons, with the board within 14 days….after the date on which the person is notified of the order or decision or the issuance of the development permit.”

Single Detached Housing is a Permitted Use in the RF3 Low Density

Development Zone, Section 140.2(6). cont’d....

27


FILE: SDAB-D-11-258

2:00 P.M.


(CONTINUED)

Under Section 7.2(9), Single Detached Housing means development consisting of a building containing only one Dwelling, which is separate from any other Dwelling or building. Where a Secondary Suite is a

Permitted or Discretionary Use Class in a Zone, a building which contains

Single Detached Housing may also contain a Secondary Suite. This Use

Class includes Mobile Homes which conform to Section 78 of this Bylaw.

The submitted Site Plan by AB Design Inc. dated July 20, 2011, shows a Lot that is 10.06 metres by 37.49 metres in size. The proposed Principal

Dwelling is located 7.01 metres from the (west) Front Lot Line, 1.52 metres from the (south) Side Lot Line, 1.22 metres from the (north) Side Lot Line and 6.71 metres from the (east) Rear Lot Line. The proposed building

Height is 7.67 metres.

Section 814.3(17) states that the minimum Rear Setback shall be 40 percent of Site Depth. Forty percent of the Site Depth is 15.00 metres, the proposed

Rear Setback is 6.71 metres, which is deficient in the minimum required

Rear Setback, that being 40 percent of the Site Depth, by 8.29 metres.

Under Section 6.1(78), Rear Setback means the distance that a development or a specified portion of it, must be set back from a Rear Lot

Line. A Rear Setback is not a Rear Yard, Amenity Space or Separation

Space.



40 percent allowable Total Site Coverage: 150.84 square metres

Proposed Total Site Coverage

(including rear attached Garage): 150.00 square metres cont’d....

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FILE: SDAB-D-11-258

2:00 P.M.


(CONTINUED)

Under 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.







unenclosed inner and outer courts, terraces and patios where these are less than 1.0 metres above grade;

Section 814.3(1) states that the Front Setback shall be consistent, within 1.0 metres 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.

Separation Space shall be reduced to accommodate the Front Setback requirement where a Principal Living Room Window faces directly onto a local public roadway, other than a Lane.

Included under ‘Comments’ in the Sustainable Development Department

POSSE system dated September 26, 2011, the Development Officer has provided the following information:

TECHNICAL REVIEW

RF3 MNO, Newton

Section 140.2(6), Single Detached Housing is a permitted use. cont’d....

29


FILE: SDAB-D-11-258

2:00 P.M.


(CONTINUED)

Section 140.4(1)(a), The minimum Site Area shall be 360 square metres for each Single Detached Dwelling.

Proposed: 377.10 square metres

Section 140.4(2)(a), The minimum Site Width shall be 12.0 metres for each Single Detached Dwelling, with or without a Secondary

Suite.


(Note: Minimum Site Area Exception complies)

Section 140.4(3), The minimum Site Depth shall be 30.0 metres.


Section 140.4(5), The maximum total Site Coverage shall not exceed

40 percent, where a Garage is attached to or designed as an integral part of a Dwelling.

Proposed Principal Building: 39.8 percent

Sect6ion 814.3(13)(a), Where the Site Width is 12.0 metres or less, the minimum for each interior Side Setback shall be 1.2 metres, regardless of building Height.

Proposed Right: 1.52 metres

Proposed Left: 1.22 metres

Section 814.3(16), Where a structure is two or more Storeys in

Height and an interior Side Setback 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.

- Right elevation proposes 2 main floor living room windows and 2 second floor master bedroom windows. These windows will face a 2 storey house with 2 second floor windows. No direct overlook.

- Left elevation proposes 1 glass block window in stairwell to storey above the garage. Minimal overlook.

- No additional information requested. cont’d....

30


FILE: SDAB-D-11-258

2:00 P.M.


(CONTINUED)

Section 814.3(17), The minimum Rear Setback shall be 40 percent of Site depth. Row Housing not oriented to a public roadway, is exempt from this Overlay requirement.



Deficient by: 8.29 metres

________________________________________________

NOTES

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.

Included under ‘Justification’ in the Sustainable Development Department

POSSE system dated September 26, 2011, the Development Officer has provided the following information:

Site is zoned RF3 and in the MNO.

Rear setback required as per the MNO is deficient to a 2 storey rear attached garage and 1 storey breezeway. No variances considered since no hardships presented. Development will create a massing affect with the addition of a 2 storey garage. Minimum rear setback for underlying zone does not comply either.

No Community Consultation submitted to date. cont’d....

31


FILE: SDAB-D-11-258

2:00 P.M.


(CONTINUED)

The following permit application is listed in the Sustainable Development

Department POSSE system:

Application

Number

Description Decision

114558753-001 To construct a single detached house with rear uncovered deck, front covered veranda, fireplace and basement development.

September 26, 2011;

Approved conditions with

___________________________________________________________________



___________________________________________________________________

32


Site Location

File: SDAB-D-11-258


N

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