SUBDIVISION
AND
DEVELOPMENT APPEAL BOARD
AGENDA
Meeting No. 28HR2/11
Thursday, 9:00 A.M.
July 14, 2011
Hearing Room No. 2
Main Floor, Churchill Building
2
Meeting No.: 28HR2/11
Thursday, July 14, 2011
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HEARING ROOM NO. 2
----------------------------------------------------------------------------------------------------------------------9:00 A.M.
SDAB-D-11-135
To increase the Public
I
110750426-001
Space of a Restaurant by
adding a patio area
(Niche Restaurant) (new
Public Space = 20 square
metres / new occupancy
= 28).
11003 – Jasper Avenue
NW
-----------------------------------------------------------------------------------------------------------------------
BREAK – 11:00 A.M. TO 11:15 A.M.
----------------------------------------------------------------------------------------------------------------------11:15 A.M.
SDAB-D-11-136
To construct one OffII
107843503-001
Premises Freestanding
Sign (4.26 metres by
14.63 metres doublesided facing East/West).
10050 – 19 Avenue
-----------------------------------------------------------------------------------------------------------------------
LUNCH BREAK – 12:30 P.M. TO 1:00 P.M.
----------------------------------------------------------------------------------------------------------------------1:00 P.M.
SDAB-D-11-137
To construct a rearIII
111010536-001
uncovered deck (16 feet
by 20 feet).
516 – 60 Street SW
----------------------------------------------------------------------------------------------------------------------NOTE:
Unless otherwise stated, all references to “Section numbers” in this Agenda refer
to the authority under the Edmonton Zoning Bylaw 12800.
3
Meeting No. 28HR2/11
Thursday, July 14, 2011
I
ITEM I: 9:00 A.M.
FILE: SDAB-D-11-135
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY
AN ADJACENT PROPERTY OWNER
APPLICATION NO.: 110750426-001.
DEVELOPMENT OFFICER’S DECISION DATE: June 2, 2011.
NOTICE OF APPEAL PERIOD: June 7, 2011 – June 20, 2011.
ADDRESS OF APPELLANT:
11009 - Jasper Avenue NW, Edmonton, AB,
T5K 0K7.
DATE OF APPEAL: June 20, 2011.
RESPONDENT: Niche Restaurant.
ADDRESS OF RESPONDENT: #2100, 11802 – 124 Street NW, Edmonton, AB,
T5L 0M3.
APPLICATION FOR PERMISSION TO: Increase the Public Space of a
Restaurant by
adding a patio area
(Niche Restaurant) (new Public Space =
20 square meters / new occupancy =
28).
ZONE: CO Commercial Office Zone.
LEGAL DESCRIPTION: Condo Common Area (Plan 0120554).
MUNICIPAL DESCRIPTION: 11003 - Jasper Avenue NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“APPROVED – The proposed development was approved for the following reason:
A variance was granted in the issuance of this Development
Permit. Therefore the permit is NOT VALID until the required
Notification Period expires (date noted below) in accordance with
Sections 21.1 and 17.1. In the event that
a) the applicant/owner has opted to sign a Waiver which has
permitted the application to proceed to Building Permit
issuance, and
b) a valid appeal is launched in response to the required
Notification, all construction begun in the interim,
including site preparation and excavation, SHALL CEASE
IMMEDIATELY.
cont’d…
4
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED):
Advisements:
1. THIS IS NOT A BUILDING PERMIT. A BUILDING
PERMIT MAY
BE REQUIRED FOR
THIS
DEVELOPMENT. To obtain this permit, and prior to the
Plans Examination review, you must submit construction
drawings and PAY THE REQUIRED FEES. Please
contact the 311 Call Centre for further information.
2. THIS IS NOT A BUSINESS LICENCE nor does it replace
the need for changes in other licences or permits related to
the additional seating added to the premises.
3. Signs require separate Development Applications.
Variances
In the opinion of the Development Officer, the variances granted in
this application and noted below will not unduly interfere with the
amenities of the neighbourhood, nor materially interfere with or
affect the use, enjoyment or value of neighbouring properties.
(Section 11.3)
Required parking for the patio is reduced from six spaces to zero.
Section 54.2, Schedule 1
___________________________________________________________________
APPELLANT’S SUBMISSION
“With reference to the Permit #110750426-001, the owners and staff of
ChiroHealth & Wellness Sports and Family Clinic are appealing your decision to
permit a patio for the use by Niche’ 11003 – Jasper Avenue. We wish our fellow
business neighbours every success and make every attempt to support them in their
business, however, in this instance our patients, fellow businesses and staff are
negatively impacted by the patio at Niche’.
Our reasons for this appeal are as follows:
cont’d…
5
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
APPELLANT’S SUBMISSION (CONTINUED):
1. Protection of patient dignity, privacy and comfort is our primary concern
with the addition of the patio. On any given day we have patients
frequenting our Clinic of all ages, ethnicities and body types and sizes.
Many patients suffer from a variety of painful conditions that can make it
difficult to walk or stand. The few short days the patio has already been
operating, we have had clients already reporting feeling intimidated,
vulnerable, uncomfortable and self conscious while under the gaze of
Niche’s patrons sitting on their patio drinking and eating.
This is most disturbing to patients that are in obvious pain and/or emotionally
vulnerable and/or self conscious of their body size, use of walkers, etc. Patients can
sometimes take several minutes to walk across the street to the building and/or
navigate the steep flight of stairs directly in front of Niche’s patio and my clinic.
The clearance in front of the patio and stairs poses a safety risk for clients falling
especially those using walkers, etc. Some clients with more serious ambulatory
problems will use the west entrance to the common patio area at the front of the
main building because there are only two small steps instead of several steep steps
found in front of Niche’s and my clinic. The 50-foot walk from the front of the
main building is completely under the gaze of anyone on the patio till the next 20foot walk on the narrow six foot path in front of the patio and staircase before they
can enter my clinic.
2. The second issue is severely limited parking for the Hardwood Plaza
building in general. Seven businesses share two metered on-street parking
stalls and one loading zone directly in front of the steep staircase directly in
front of my clinic and Niche’s patio. Over the past three years we have lost
two metered stalls directly across from us on Jasper Avenue, and four two
hour limited stalls directly to the east of our building on 110 Street and
Jasper Avenue. Patients are forced to walk farther due to the scarcity of
parking one or more blocks away which is a problem for those in obvious
pain. Increased seating capacity on a patio of 28 puts added stresses and
encourages illegal parking in the area and forces my clients to walk further
distances which can be a problem for some.
3. The clearance for the patio is only six feet between it and the
6
Meeting No. 28HR2/11
cont’d…
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
APPELLANT’S SUBMISSION (CONTINUED):
railing/staircase paralleling Jasper Avenue. This does pose a safety risk for
my older, larger clients due to obvious balance and walking issues which
could cause a bad fall. A larger walkway of nine feet would be a safer
margin.
4. Smokers often do not follow the city by-law and several employees and
customers of Niche already smoke in front of the main building or along the
store fronts of our establishments. These problems will only be made worse
by the patio and are almost impossible for by-law officers to enforce.
5. The location and size of the patio is significant and distracting to my staff
and patients. The sight lines of patrons on the patio can make patients in my
office uncomfortable from the unobstructed view from the patio inside my
reception and waiting areas.
6. Disturbances from noise and inebriated customers on the patio will
definitely have a negative impact of my clinic, clients of our neighbours’
businesses and that of all those who generate a living at my clinic.
7. On the flip side, from my perspective for the customers of Niche and anyone
sitting/working on the patio, I would expect a safe, comfortable, private
environment be provided to them and their friends frequenting the
establishment both for repeat patronage, enjoyment of food and drinks to the
highest standards possible. I believe if a restaurant is going to have a patio
next to a “Health Care Facility” that it is imperative that some kind of
smoked out screen of adequate height, probably five to six feet, be tastefully
erected around the patio to protect patients and customers’ privacy and
human dignity. I feel it is in bad taste and disturbing at the least for
customers of Niche to have to observe others who are obviously suffering in
pain and discomfort (emotional, physical and psychological) while eating
and drinking alcohol.
8. A final concern is that any approval of a patio will be grandfathered to any
new and future establishments that may come along as is the case in this
instance. My fellow business owners and Condo Association appealed the
proposed patio in this exact location last year for the Hardwood Café
7
Meeting No. 28HR2/11
cont’d…
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
APPELLANT’S SUBMISSION (CONTINUED):
(Permit #88951154-001). We were successful in overturning their
application and here we are again with the same issues and a new
Restaurant. I would like this matter to be resolved with patient needs for
privacy, safety and dignity respected.
In summary, it is my belief that having a restaurant/bar next to a “Professional
Health Care Clinic,” is not the most appropriate location for obvious reasons
already stated, a patio serving alcohol that exposes these patrons to people with real
health care problems to be in bad taste. These may force present and future patients
of my clinic to seek treatment elsewhere to avoid the humiliation, real or perceived.
I have been one of the longest running tenants at Hardwood Plaza and this will
severely impact my business and possibly others. Lastly, the decision of the
appeals board will have deep and long lasting effects on the future of our building
and the success of our neighbouring businesses for many years to come. Please
take my concerns to heart while making your final decision.
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to increase the Public Space of a Restaurant by adding a patio
area (Niche Restaurant) (new Public Space = 20 square metres / new occupancy =
28).
The site is located on the south side of Jasper Avenue, the west side of 110 Street
and the east side of 111 Street and is zoned CO Commercial Office Zone, Section
360 of the Edmonton Zoning Bylaw 12800. The site is within Section 8 (Sub Area
4) of the Oliver Area Redevelopment Plan, under Bylaw 11618 (as amended), was
adopted by Council in December, 1997. This is a Condo Common Area Plan.
NOTE: Restaurants, for less than 200 occupants and 240 square metres of Public
Space are a Permitted Use in the CO Commercial Office Zone, Section
360.2(9). The Restaurant has a proposed occupancy of 28 and 20 square
metres of Public Space.
While the plans do not give the dimensions of the proposed patio, the plan
indicates that the total patio area is 307 square feet (28.52 square metres).
cont’d….
8
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Under Section 7.4(46), 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.
The Municipal Government Act, Section 685(3) states that “Despite
subsections (1) and (2), no appeal lies in respect of the issuance of a
development permit for a permitted use unless the provisions of the land use
bylaw were relaxed, varied or misinterpreted.”
This application was approved by the Development Officer subject to
conditions and one variance.
Pursuant to Section 11.3 and 11.4 and subject to the right of appeal to the
Subdivision and Development Appeal Board, Section 21.1, the
Development Officer granted the following variance:
1.
Section 54.2 Schedule 1(A)(20) states Restaurants require 1 parking
space per 3.6 square metres of Public Space.
The minimum number of parking spaces required for the proposed
development is 6. There are no parking spaces proposed and a
relaxation of 6 parking spaces was granted.
The decision of approval by the Development Officer has been appealed by
ChiroHealth & Wellness Sports and Family Clinic located at 11009 – Jasper
Avenue.
Under Section 6.1(72), Public Space means space within an establishment,
which is open to the public and not restricted to employees only. This
definition does not include kitchens, administrative offices, food or drink
preparation areas.
cont’d….
9
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Under Section 6.1(97), Use means the purpose or activity for which a piece
of land or its buildings are designed, arranged, developed or intended, or for
which it is occupied or maintained.
In the Oliver Area Redevelopment Plan, under Parking Management
Policies, Section 13.2.2, Off-Street Parking states:
1. All new developments will be expected to provide parking in
accordance with Section 66 of the Land Use Bylaw. Reductions from
required parking levels may be considered in cases where renovation
and retention of older existing housing stock may not allow
sufficient lot area to provide the required amount of parking.
Reductions may also be considered for commercial development
along 124 Street and Jasper, where such development is low
intensity and only one or two storeys, where any provision of
underground parking would be impractical. In considering an
application for a reduction in parking, the Development Officer
should consider whether efforts have been made by the applicant to
arrange for off-site parking on a nearby site, subject to the provisions
of Section 66.5(2) of the Land Use Bylaw.
Included under ‘Comments’ in the Sustainable Development Department
POSSE system dated June 2, 2011, the Development Officer has provided
the following information:
Development Review
Zoning = CO
Use = Permitted
Impact of proposed development = parking
Public Space = 20 square metres
Required spaces = 20 / 3.6 = 6
A review of all previous applications indicates that there is no
available onsite parking. Therefore there is a deficiency of 6 spaces
representing all the new required spaces.
See Justification.
cont’d….
10
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Included under ‘Justification’ in the Sustainable Development Department
POSSE system dated June 2, 2011, the Development Officer has provided
the following information:
Regarding parking: Daytime customers will likely be drawn from
offices, other businesses and residences in the immediate area who
already have parking for vehicles. Evening customers will have
space available either on paid parking lots (such as the one at the
hospital to the west) or on-street parking spaces or be drawn from
residences in the area.
The following permit applications are listed in the Sustainable Development
Department POSSE system:
Application
Number
97942766-001
97556715-001
96316431-001
Description
Decision
To operate a Minor Home
Based Business. (Office
administration for General
Business – Consulting.
To change the use from
Personal Service Shop to
Convenience Retail Store.
To operate a Restaurants
Use (Public Space: 40.0
square
metres)
Hardwood Café.
April 21, 2010; Approved with
conditions.
April 29, 2010; Approved with
conditions.
February 24, 2010; Approved with
conditions:
No parking, loading, storage, trash
collection, outdoor service or
display area shall be permitted
within a required Yard. Loading,
storage and trash collection areas
shall be located to the rear or sides
of the principal building and shall
be screened from view from any
adjacent Sites, public roadways or
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
11
96316431-001
(Continued)
display area 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
360.4(4)
89605402-001
To change the Use from a September 14, 2009; Approved
Specialty Food to a with conditions.
Personal Service Shop
(Tailor).
88951154-002
Change the Use from a October 9, 2009;
SDAB-D-09-221 Specialty Food Service to
a Bar and Neighbourhood DECISION:
Pub (Hardwood Cafe) on
Condo Common Area that the appeal be ALLOWED and
(Plan
0120554)
was the development REFUSED
approved with variances
in the number of required
parking spaces, subject to REASONS FOR DECISION:
conditions
and
subsequently appealed by The Board finds the following:
adjacent property owners.
1. A Bar and Neighbourhood Pub,
for less than 200 occupants and
240 square metres of Public Space,
if the Site is adjacent to or across a
Lane from a Site zoned residential,
is a Discretionary Use in the CO
Zone.
2. The Board accepts the evidence
of the Appellant, neighbouring
business owners and the Oliver
Community League that the
proposed change in use from a
Specialty Food Service to a Bar
and Neighbourhood Pub will
negatively affect property owners
in this neighbourhood.
3. The concerns raised, including
excessive noise, activities that are
inherent with the change in use,
and extended hours of operation
will unduly interfere with the
12
88951154-002
SDAB-D-09-221
(Continued)
amenities of the neighbourhood
and
negatively impact
the
neighbouring business owners as
well as the condominium owners
in this building.
4. While the Board recognizes the
concerns regarding the lack of
available parking in this area and
that the parking problems are not
solely caused by the operation of a
Neighbourhood Bar and Pub at
this location, the change in use
may exacerbate the existing
parking problem.
5. Based on the evidence provided,
the parking problems are also the
result of the constantly increasing
density in this area evidenced by
the construction of several new
condominium developments in this
neighbourhood.
6. Based on the above, the
proposed development will unduly
interfere with the amenities of the
neighbourhood, and materially
interfere with and affect the use,
enjoyment
and
value
of
neighbouring parcels of land."
88951154-001
To change the Use from a August 14, 2009; Approved with
Specialty Food Service to conditions and a variance.
a Bar and Neighbourhood
Pub (Hardwood Cafe).
86659850-002
Construct an Off-premises October 9, 2009; Withdrawn.
Sign
SDAB-D-09-190 Freestanding
(convert existing west
face from static to digital 6 metres by 3 metres
[Reference
DP#
001000887]) was refused
because it was the opinion
of
the
Development
Officer that the proximity
to
a
residential
13
86659850-002
development
may
SDAB-D-09-190 adversely impact the built
environment and because
(Continued)
the Applicant has not
provided evidence that the
proposed
copy
or
animation will not cause
undue
distraction
to
pedestrian and vehicular
traffic.
87498626-002
Add a seasonal outdoor
SDAB-D-09-139 patio (15 square metres,
12 seats) to a Bar and
Neighbourhood Pub (June
to September) on Condo
Common Area (Plan
0120554) was approved
with conditions and a
variance in the minimum
number
of
required
parking
stalls
and
subsequently appealed by
an adjacent property ower.
87498626-001
To add a seasonal outdoor
patio (15 square metres,
12 seats) to a Bar and
Neighbourhood Pub (June
to September).
86668804-001
To construct an OffPremises
Freestanding
Sign (convert existing
west face from static to
digital,
general
advertising).
86659850-001
To construct an OffPremises
Freestanding
Sign (convert existing
west face from static to
digital – 6 metres x 3
metres [Reference DP#
001000887]).
August 10, 2009; Withdrawn.
July 24, 2009; Cancelled.
May 22, 2009; Cancelled.
July 3, 2009; Refused.
cont’d….
14
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application
Number
80057247-001
79525664-001
61593881-002
61593881-001
57748311-001
1000887-002
40754310-001
40469209-001
25623554-001
25103208-001
Description
Decision
To add the use of a
Professional,
Financial,
Office Support Service to
an Apartment House (Unit
614 - Administration
office
for
freelance
photography).
To operate a Minor Home
Based Business. (Admin
and studio for tattooing).
Curb Crossing Permit.
Curb Crossing Permit.
To continue to operate a
Specialty Food Service
and to add the use of
General Retail (Videoself)
and to construct interior
alterations.
To extend the duration of
a freestanding general
advertising sign (Double
Sided facing East/West).
Curb Crossing Permit.
To operate a Personal
Service Shop and to
construct
interior
alterations.
To operate a Minor Home
Based Business (Kerala &
Company Creations).
To construct
interior
alterations and operate a
Specialty Food Service
(Radio Coffee Shop).
August 20, 2008; Approved with
conditions.
July 30, 2008; Approved with
conditions.
Issued May 8, 2008.
Issued November 8, 2006.
May 9, 2006; Approved with
conditions.
April 25, 2006; Approved with
conditions and a variance.
September 1, 2005; Cancelled.
June 14, 2004; Approved with
conditions.
February 26, 2003; Approved with
conditions.
April 3, 2003; Approved with
conditions and a variance.
cont’d….
15
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-135
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application
Number
13095582-001
Description
Decision
To operate a Minor Home May 24, 2002; Approved with
Based Business. (Artist & conditions.
Teacher).
13095531-001
To operate a Minor Home May 24, 2002; Approved with
Based
Business. conditions.
(Distribution Company).
13039009-001
To construct
interior May 13, 2002; Approved with
alterations and operate a conditions and a variance.
Professional
Office
(McNally Law Office).
___________________________________________________________________
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.
___________________________________________________________________
16
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-11- 135
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
17
Meeting No. 28HR2/11
Thursday, July 14, 2011
II
ITEM II: 11:15 A.M.
FILE: SDAB-D-11-136
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.: 107843503-001.
DEVELOPMENT OFFICER’S DECISION DATE: June 8, 2011.
ADDRESS OF APPELLANT: P.O. Box 11325, Edmonton, AB,
T5J 3K5.
DATE OF APPEAL: June 20, 2011.
APPLICATION FOR PERMISSION TO: Construct one Off-Premises Freestanding
Sign (4.26 metres by 14.63 metres
double-sided facing East/West).
ZONE: DC2.408 Site Specific Development Control Provision.
LEGAL DESCRIPTION: Lot 51, Block RLY, Plan 9820427.
MUNICIPAL DESCRIPTION: 10050 - 19 Avenue NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S INITIAL DECISION
“REFUSED - The proposed development was refused for the following reasons:
Development in this District shall comply with the provisions of
Section 814 of the Land Use Bylaw, being the Major Commercial
Corridors Statutory Plan Overlay. (Reference Section DC2.408.4(f))
1)
A minimum building Setback of 14.0 metres (45.9 feet) shall be
provided adjacent to the Major Arterial Roads and the
intersecting Arterial Roads within the Major Commercial
Corridors. (Reference Section 813.4(4)(b))
Proposed: six metres
Deficient by: eight metres
2)
In the opinion of the Development Officer the proposed sign
will interfere with the amenities of the area and will add visual
clutter to the streetscape which is contrary to the General
Purpose of the Major Commercial Corridors Overlay (Reference
Section 813.1)
cont’d….
18
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
DEVELOPMENT OFFICER’S INITIAL DECISION
3)
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 propped
Freestanding Off-premises Sign or may refuse a permit
adversely impacts the built environment. (Reference Section
59F.2(2)(c))
It is the opinion of the Development Planner that the
Freestanding Off-Premises Sign will adversely impact the built
environment. (Reference Section 59F.2(2)(c)
4)
For all Sign Applications, the Development Officer shall have
regard for the scale and architectural character of the building
and the land use characteristics of surrounding development.
The Development Officer shall refuse and Sign Applications
that may adversely impact the amenities or character of the
Zone. (Reference Section 59.2(4))
It is the opinion of the Development Planner that the OffPremises Freestanding Sign may adversely impact the amenities
or character of the Zone. (Reference Section 59.2(4))
5)
It is the opinion of the Development Officer that the proposed
location of the Freestanding Off-premises Sign along a Major
Commercial Corridor (Calgary Trail / Gateway Blvd NW) will
have a negative impact on the surrounding development and
may adversely impact the amenities or character of the Zone.
NOTE:
A landscaped yard a minimum of 3.0 meters in width shall be
provided adjacent to the Canadian Pacific Main Line. Landscaping
within this yard shall be provided as per Section 69 of the Land Use
Bylaw. (Reference Section DC2.408.4(f))
cont’d….
19
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
DEVELOPMENT OFFICER’S REVISED DECISION
“REFUSED – The proposed development was refused for the following reasons:
Development in this District shall comply with the provisions of
Section 814 of the Land Use Bylaw, being the Major Commercial
Corridors Statutory Plan Overlay. (Reference Section DC2.408.4(f))
1)
A minimum building Setback of 14.0 metres (45.9 feet) shall be
provided adjacent to the Major Arterial Roads and the
intersecting Arterial Roads within the Major Commercial
Corridors. (Reference Section 814.5(4))
No part of any Freestanding Billboard shall be closer to any
public roadway than the building setback line of the Land Use
District in which the Sign is located. (Reference Section
79.8(2)(c))
Proposed: six metres
Deficient by: eight metres
2)
All development on a site shall be constructed using a similar
architectural theme. An exception may be made to this general
requirement where the function of an individual business
dictates a specific style or image associated with a company. In
such case, the development shall maintain harmony in terms of
overall project design and appearance. (Reference Section
814.5(1))
It is the opinion of the Development Officer that the development
will not maintain harmony in terms of overall project design and
appearance. (Reference Section 814.5(1))
NOTE:
A landscaped yard a minimum of 3.0 meters in width shall be
provided adjacent to the Canadian Pacific Main Line. Landscaping
within this yard shall be provided as per Section 69 of the Land Use
Bylaw. (Reference Section DC2.408.4(f))
__________________________________________________________________
cont’d….
20
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
APPELLANT’S SUBMISSION
“*
*
*
*
The Development Authority failed to follow the directions of Council as set
out in the relevant Direct Control Bylaw;
The Development Authority assessed the application under the current
Zoning Bylaw while it should have been assessed under the former Land
Use Bylaw;
The Development Authority improperly applied the provisions of the Major
Commercial Corridors Overlay; and
Such other grounds as may be provided at the hearing of the appeal.
The Appellant notes as well that "revised reasons for refusal" issued by the
Development Authority on or about July 5, 2011 are without lawful force or effect
insofar as the Development Authority was functus officio at the time the same were
issued.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct one Off-Premises Freestanding Sign (4.26 metres by
14.63 metres double-sided facing East / West).
The site is located on the north side of 19 Avenue and the east side of 102 Street.
The northeast portion of the site is zoned DC2.407 Site Specific Development
Control Provision, the western portion of the site is zoned DC2.408 Site Specific
Development Control Provision, Section 720 of the Edmonton Zoning Bylaw
12800. Bylaw 11277 created Section DC2.408 and was passed by City Council on
June 17, 1996. The site is within the Major Commercial Corridors Overlay, Section
813. The site is also within South Edmonton Common and Edmonton Research and
Development Park Area Structure Plan, under Bylaw 11786 (as amended),
approved by City Council on July 13, 1998 and within Zone 2 of the Calgary Trail
Land Use Study, approved by Council on September 11, 1984. The proposed
development is located in the south west corner of the Site that is zoned DC2.408.
NOTE: With regard to the Development Officer’s initial decision, the Board
Officer made the following comments:
Freestanding Off-Premises Signs are not an allowable Use in the DC2.408
Zone, Section DC2.408.3 of the Edmonton Zoning Bylaw.
cont’d….
21
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
However, Section DC2.408.4.i states Signs shall be allowed in this District
as provided for in Schedule 79D and in accordance with the general
provisions of Section 79.1 to 79.9 inclusive, of the Land Use Bylaw.
Under Sign Schedule 79D.1(1) of the Land Use Bylaw, the following Signs
shall be allowed, subject to the Sign Regulations of this Schedule:
(e)
Facia and Freestanding General Advertising Signs;
Under the Land Use Bylaw 5996, Sign Schedule 79D.2(3), Sign
Regulations, General Advertising Signs shall comply with the general
regulations of Section 79.8, and may be allowed only on CNC and CSC sites
which are an integral part of a commercial strip.
Section DC2.408.4.g states Development in this District shall comply with
the provisions of Section 814 of the Land Use Bylaw, being the Major
Commercial Corridors Statutory Plan Overlay. The Major Commercial
Corridors Overlay is now under Section 813.
Under Section DC2.408.1, the General Purpose is to establish a Site Specific
Development Control District to accommodate a range of highway
commercial and general commercial uses, with site development regulations
that will ensure a high standard of appearance appropriate to the sites
location on a major entrance route to the City.
Section DC2.408.2 states that the Area of Application is the portion of W
1/2 33-51-24-W4M situated east of Calgary Trail and west of the Canadian
Pacific Rail Main Line excluding portion of Plan Calgary and Edmonton No
1. Railway and Road Plan 1495 P, Edmonton Research and Development
Park, as shown on the Schedule "C" - Map appended to the Bylaw adopting
this District.
The photograph supplied by the appellant shows that the Freestanding Sign
will be located immediately north of an at grade or level intersection
between the railway and road and that there are railway crossing gates for
eastbound and westbound lanes.
cont’d….
22
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
In the Edmonton Land Use Bylaw 5996, Section 9.2.4(b) states Billboard
means a General Advertising Sign that has a sign area of more than 3.75
square metres (40.35 square feet). The display copy of the sign can be
printed on a translucent vinyl sheet or painted on a number of plywood or
light steel sections which are locked into a frame to form a single sign face.
Under Section 9.2(15) of the Land Use Bylaw 5996, Freestanding Sign
means any sign supported independently of a building and permanently
fixed to the ground.
Under Section 9.2(16) of the Land Use Bylaw 5996, General Advertising
Sign means a sign which directs attention to a business, activity, product,
service or entertainment which cannot be considered as the principal
products sold nor a principal business, activity, entertainment or service
provided on the premises where the sign is displayed and general advertising
has a similar meaning. Typical General Advertising Signs includes
Billboards and Junior Panels as defined in this Bylaw.
Section 7.9(3) states that 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.
Under Section 6.2(8), Freestanding Signs means any On-premises or Offpremises 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.
The submitted plans indicate that the proposed double-sided Off-premises
Sign has a horizontal dimension of 14.63 metres (48 feet) and a vertical
dimension of 4.26 metres (14 feet) and is located 6 metres from the property
cont’d….
23
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
line along 19 Avenue to the south. The distance from the south property
line to the curb is 4 metres. The total Height of the proposed Sign from
grade to the top of the Sign is 8 metres. The double-sided Sign will face
eastbound and westbound traffic on 19 Avenue. The appellant indicates the
closest existing Freestanding Off-premises sign is 1.3 kilometres away.
Section 813.4(4) states a minimum building Setback of 14.0 metres shall be
provided adjacent to the Major Arterial Roads and the intersecting Arterial
Roads within the Major Commercial Corridors. The Development Permit
referenced Section 814.5(4). Under further review, it is determined the
correct reference is Section 813.4(4). The Setback for the proposed sign is 6
metres, which is deficient in the minimum building Setback by 8 metres.
Section 813.1 states the purpose of this Overlay is to ensure that
development along Major Commercial Corridors is visually attractive and
that due consideration is given to pedestrian and traffic safety.
It is the opinion of the Development Officer that the proposed
Freestanding Off-Premises Sign will interfere with amenities of the area
and will add visual clutter to the streetscape.
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 proposed
Freestanding Off-Premises Sign will adversely impact the built
environment.
cont’d….
24
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Section 59.2(4) states for all Sign Applications, the Development Officer
shall have regard for the scale and architectural character of the building and
the land use characteristics of surrounding development. The Development
Officer shall refuse any Sign Application that may adversely impact the
amenities or character of the Zone.
It is the opinion of the Development Officer that the proposed
Freestanding Off-Premises Sign may adversely impact the amenities or
character of the Zone and it is the opinion of the Development Officer
that the proposed location of the Freestanding Off-Premises Sign along
a Major Commercial Corridor (Calgary Trail / Gateway Boulevard)
will have a negative impact on the surrounding development and may
adversely impact the amenities or character of the Zone.
DC2.408.4(f) states a landscaped yard a minimum of 3.0 metres in width
shall be provided adjacent to the Canadian Pacific Main Line. Landscaping
within this yard shall be provided as per Section 69 of the Land Use Bylaw.
DC2.408.4(j) states Developments in this District Shall be evaluated with
respect to compliance with the General Development Regulations of
Sections 50 through 79, inclusive of the Land Use Bylaw.
DC2.408.4(k) states the Development Officer may grant relaxations to
Sections 50 through 79 of the Land Use Bylaw and the provisions of this
District if, in his opinion, such a variance would be in keeping with the
General Purpose of the District and would not adversely affect the
amenities, use, and enjoyment of neighbouring properties.
Section 616(a.1) of the Municipal Government Act states “building”
includes anything constructed or placed on, in, over or under land, but does
not include a highway or road or a bridge that forms part of a highway or
road.
Under Section 6.2(2), Animated Signs means any Sign or portion of a Sign
having moving parts or electronically controlled colour changes or lights
that depict action or give motion to the Sign, and includes flashing lights.
cont’d….
25
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Under Section 6.2(4), Copy means the letters, graphics or characters that
make up the message on the Sign face.
Under Section 6.1(80), 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(99), Yard means required open space unoccupied by any
portion of a building or structure 1.0 metres or more above grade, unless
otherwise permitted in this Bylaw. A Yard is not a Setback, Amenity Area
or Separation Space.
Under Section 79.8(1) in the Edmonton Land Use Bylaw 5996, the
following regulations applied to all General Advertising Signs:
a) General Advertising Signs shall be purposely designed to display
painted bulletins, poster panels or vinyl backlite panels.
b) General Advertising Signs shall be located only on sites which abut
the public roadways from which the Sign is intended to be viewed,
or which abut a service road parallel to such public roadway.
c) The Development Officer may require Freestanding General
Advertising Signs to be landscaped, if:
(i) the expected duration of the Sign display is at least two
years;
(ii) the Sign is not backed by a building wall located within 6
metres (19.7 feet) of the Sign; and
(iii)the adjacent developments and properties are landscaped.
d) …
e) General Advertising Signs may be illuminated provided that the
lighting is concealed or shielded to minimize glare.
Under Section 79.8(2), Billboard Signs, of the Land Use Bylaw 5996, the
following regulations relate to Billboard Signs:
cont’d…
26
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
a) The total Sign area per location shall not exceed 65 square metres
(699.4 square feet). The Development Officer may increase the Sign
area to a maximum of 80 square metres (860.8 square feet) at his
discretion.
b) The minimum radial distance between any two Billboard locations
visible from the same traffic direction shall be 100 metres (328.1
feet).
c) No part of any Freestanding Billboard shall be closer to any public
roadway than the building setback line of the Land Use District in
which the Sign is located.
d) Billboard Signs shall not exceed a maximum Height of 8 metres
(26.2 feet) nor extend more than 30 centimetres (12 inches) above
the building parapet if the Sign is mounted on a wall, except as
provided for in Section 79.8(1)(c) of this Bylaw.
REVISED DECISION
With regard to the Development Officer’s revised decision, the Board
Officer made the following comments:
Freestanding Off-Premises Signs are not an allowable Use in the DC2.408
Zone, Section DC2.408.3 of the Edmonton Zoning Bylaw.
However, Section DC2.408.4.i states Signs shall be allowed in this District
as provided for in Schedule 79D and in accordance with the general
provisions of Section 79.1 to 79.9 inclusive, of the Land Use Bylaw.
Under Sign Schedule 79D.1(1) of the Land Use Bylaw, the following Signs
shall be allowed, subject to the Sign Regulations of this Schedule:
(e)
Fascia and Freestanding General Advertising Signs;
cont’d….
27
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Under the Land Use Bylaw 5996, Sign Schedule 79D.2(3), Sign
Regulations, General Advertising Signs shall comply with the general
regulations of Section 79.8, and may be allowed only on CNC and CSC sites
which are an integral part of a commercial strip.
Section DC2.408.4.g states Development in this District shall comply with
the provisions of Section 814 of the Land Use Bylaw, being the Major
Commercial Corridors Statutory Plan Overlay. The Major Commercial
Corridors Overlay is now under Section 813.
Under Section DC2.408.1, the General Purpose is to establish a Site Specific
Development Control District to accommodate a range of highway
commercial and general commercial uses, with site development regulations
that will ensure a high standard of appearance appropriate to the sites
location on a major entrance route to the City.
Section DC2.408.2 states that the Area of Application is the portion of W
1/2 33-51-24-W4M situated east of Calgary Trail and west of the Canadian
Pacific Rail Main Line excluding portion of Plan Calgary and Edmonton No
1. Railway and Road Plan 1495 P, Edmonton Research and Development
Park, as shown on the Schedule "C" - Map appended to the Bylaw adopting
this District.
The photograph supplied by the appellant shows that the Freestanding Sign
will be located immediately north of an at grade or level intersection
between the railway and road and that there are railway crossing gates for
eastbound and westbound lanes.
In the Edmonton Land Use Bylaw 5996, Section 9.2.4(b) states Billboard
means a General Advertising Sign that has a sign area of more than 3.75
square metres (40.35 square feet). The display copy of the sign can be
printed on a translucent vinyl sheet or painted on a number of plywood or
light steel sections which are locked into a frame to form a single sign face.
cont’d….
28
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Under Section 9.2(15) of the Land Use Bylaw 5996, Freestanding Sign
means any sign supported independently of a building and permanently
fixed to the ground.
Under Section 9.2(16) of the Land Use Bylaw 5996, General Advertising
Sign means a sign which directs attention to a business, activity, product,
service or entertainment which cannot be considered as the principal
products sold nor a principal business, activity, entertainment or service
provided on the premises where the sign is displayed and general advertising
has a similar meaning. Typical General Advertising Signs includes
Billboards and Junior Panels as defined in this Bylaw.
Section 7.9(3) states that 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.
Under Section 6.2(8), Freestanding Signs means any On-premises or Offpremises 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.
The submitted plans indicate that the proposed double-sided Off-premises
Sign has a horizontal dimension of 14.63 metres (48 feet) and a vertical
dimension of 4.26 metres (14 feet) and is located 6 metres from the property
line along 19 Avenue to the south. The distance from the south property
line to the curb is 4 metres. The total Height of the proposed Sign from
grade to the top of the Sign is 8 metres. The double-sided Sign will face
eastbound and westbound traffic on 19 Avenue. The appellant indicates the
closest existing Freestanding Off-premises sign is 1.3 kilometres away.
Section 79.8(2)(c) of the Edmonton Land Use Bylaw 5996 states no part of
any Freestanding Billboard shall be closer to any public roadway than the
building setback line of the Land Use District in which the Sign is located.
cont’d….
29
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Section 813.4(4) states a minimum building Setback of 14.0 metres shall be
provided adjacent to the Major Arterial Roads and the intersecting Arterial
Roads within the Major Commercial Corridors. The Development Permit
referenced Section 814.5(4). Under further review, it is determined the
correct reference is Section 813.4(4). The Setback for the proposed sign is 6
metres, which is deficient in the minimum building Setback by 8 metres.
Section 813.4(1) states all development on a Site shall be constructed using
similar architectural themes. An exception may be made to this general
requirement where the function of an individual business dictates a specific
style or image associated with a company. In such cases, the development
shall maintain harmony in terms of overall project design and appearance.
The Development Permit referenced Section 814.5(1). Under further
review, it is determined the correct reference is Section 813.4(1).
It is the opinion of the Development Officer that the proposed
development will not maintain harmony in terms of overall project
design and appearance.
DC2.408.4(f) states a landscaped yard a minimum of 3.0 metres in width
shall be provided adjacent to the Canadian Pacific Main Line. Landscaping
within this yard shall be provided as per Section 69 of the Land Use Bylaw.
DC2.408.4(j) states Developments in this District Shall be evaluated with
respect to compliance with the General Development Regulations of
Sections 50 through 79, inclusive of the Land Use Bylaw.
DC2.408.4(k) states the Development Officer may grant relaxations to
Sections 50 through 79 of the Land Use Bylaw and the provisions of this
District if, in his opinion, such a variance would be in keeping with the
General Purpose of the District and would not adversely affect the
amenities, use, and enjoyment of neighbouring properties.
Section 813.1 states the purpose of this Overlay is to ensure that
development along Major Commercial Corridors is visually attractive and
that due consideration is given to pedestrian and traffic safety.
cont’d….
30
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Section 616(a.1) of the Municipal Government Act states “building”
includes anything constructed or placed on, in, over or under land, but does
not include a highway or road or a bridge that forms part of a highway or
road.
Under Section 6.2(2), Animated Signs means any Sign or portion of a Sign
having moving parts or electronically controlled colour changes or lights
that depict action or give motion to the Sign, and includes flashing lights.
Under Section 6.2(4), Copy means the letters, graphics or characters that
make up the message on the Sign face.
Under Section 6.1(80), 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(99), Yard means required open space unoccupied by any
portion of a building or structure 1.0 metres or more above grade, unless
otherwise permitted in this Bylaw. A Yard is not a Setback, Amenity Area
or Separation Space.
Under Section 79.8(1) in the Edmonton Land Use Bylaw 5996, the
following regulations applied to all General Advertising Signs:
a) General Advertising Signs shall be purposely designed to display
painted bulletins, poster panels or vinyl backlite panels.
b) General Advertising Signs shall be located only on sites which abut
the public roadways from which the Sign is intended to be viewed,
or which abut a service road parallel to such public roadway.
c) The Development Officer may require Freestanding General
Advertising Signs to be landscaped, if:
i) the expected duration of the Sign display is at least two years;
cont’d….
31
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-136
11:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
ii) the Sign is not backed by a building wall located within 6 metres
(19.7 feet) of the Sign; and
iii) the adjacent developments and properties are landscaped.
d) General Advertising Roof Signs ….
e) General Advertising Signs may be illuminated provided that the
lighting is concealed or shielded to minimize glare.
Under Section 9.2(15) of the Land Use Bylaw 5996, Freestanding Sign
means any sign supported independently of a building and permanently
fixed to the ground.
Under Section 9.2(16) of the Land Use Bylaw 5996, General Advertising
Sign means a sign which directs attention to a business, activity, product,
service or entertainment which cannot be considered as the principal
products sold nor a principal business, activity, entertainment or service
provided on the premises where the sign is displayed and general advertising
has a similar meaning. Typical General Advertising Signs includes
Billboards and Junior Panels as defined in this Bylaw.
___________________________________________________________________
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.
___________________________________________________________________
32
SURROUNDING LAND USE DISTRICTS
Site Location
Proposed
Sign
File: SDAB-D-11-136
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
33
Meeting No. 28HR2/11
Thursday, July 14, 2011
III
ITEM III: 1:00 P.M.
FILE: SDAB-D-11-137
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.:111010536-001.
DEVELOPMENT OFFICER’S DECISION DATE: May 26, 2011.
ADDRESS OF APPELLANT: 516 – 60 Street SW, Edmonton, AB, T6X 0G4.
DATE OF APPEAL: June 13, 2011.
APPLICATION FOR PERMISSION TO: Construct a rear-uncovered deck (16 feet
by 20 feet).
ZONE: RSL Residential Small Lot Zone.
LEGAL DESCRIPTION: Lot 16, Block 8, Plan 0626294.
MUNICIPAL DESCRIPTION: 516 – 60 Street SW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development was refused for the following reasons:
The minimum Rear Yard shall be 7.5 metres. (Reference Section
110.4(7))
Platform Structures provided such projections do not exceed two
metres into Yards or Separation Spaces with a depth of at least four
metres. (Reference Section 44.3(a)
Allowed:
5.50 metres
Proposed:
4.18 metres
Deficient by: 1.32 metres
___________________________________________________________________
APPELLANT’S SUBMISSION
“I would like a bigger deck to accommodate my patio furniture, BBQ and lounging
chairs (16 by 20).
I received my refusal notice on Friday, June 10. I have a super box and pick up my
mail every day.”
___________________________________________________________________
cont’d…
34
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-137
1:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct a rear-uncovered deck (16 feet by 20 feet).
The site is located on the west side of 60 Street SW and south of 5 Avenue SW and
is zoned RSL Residential Small Lot Zone, Section 115 of the Edmonton Zoning
Bylaw 12800. The site is within the Southeast Area Structure Plan and the
Charlesworth Neighbourhood Structure Plan, both under Bylaw 14010 (as
amended), approved by City Council on June 30, 2005.
NOTE: The Board is advised that the decision of refusal by the Development
Officer is dated May 26, 2011. Fourteen days from the decision date is June
9, 2011 and the Notice of Appeal was filed on June 13, 2011.
The Plot Plan by Stantec Geomatics Ltd. dated August 20, 2010 shows that
the proposed rear-uncovered deck is 6.10 metres by 4.88 metres and is
attached to the (west) rear elevation of the Principal building. The deck is
4.18 metres from the (west) Rear Lot Line and 1.10 metres from the (south)
Side Lot Line. The Development Officer determined that the deck Height
above Grade is 0.91 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.
Section 115.4(7) states the minimum Rear Yard shall be 7.5 metres, except
in the case of a corner Site it shall be 4.5 metres. The Development Permit
referenced Section 110.4(7). Under further review, it is determined that the
correct reference is Section 115.4(7).
Section 44.3(a) states 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 allowable projection into the minimum Rear Yard is 5.50
metres. Proposed is 4.19 metres, which is an excess of 1.31 metres in the
maximum Rear Yard projection.
Under Section 6.1(77), Rear Yard means the portion of a Site abutting the
Rear Lot Line extending across the full width of the Site, situated between
the Rear Lot Line and the nearest wall of the principal building, not
including projections.
cont’d….
35
Meeting No. 28HR2/11
Thursday, July 14, 2011
FILE: SDAB-D-11-137
1:00 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Under Section 6.1(104), Yard means the part of a Site unoccupied by any
portion of a building or structure 1.0 metres or more above grade, unless
otherwise permitted in this Bylaw. A Yard is not a Setback, Amenity Area
or Separation Space.
Included under ‘Justification’ in the Sustainable Development Department
POSSE system dated May 26, 2011, the Development Officer has provided
the following information:
In the opinion of the Development Officer, there is no hardship on
this lot and the proposed development would interfere with or affect
the use, enjoyment or value of the neighbouring properties.
The following permit applications are listed in the Sustainable Development
Department POSSE system:
Application
Number
102287547-001
98305168-001
Description
Decision
Compliance Certificate
To construct a single
detached
house
with
double attached garage,
fireplace and basement
development
(No
Secondary Suite) with 1
bedroom, 1 family room
& 1 washroom.
September 16, 2010; Stamped
May 21, 2010; Approved with
conditions:
The
proposed
basement
development shall not be used as
an additional dwelling unit.
Any future deck development
greater than 0.6 metres (2 feet) in
height will require development
and building permit approvals.
The height of the principal
building shall not exceed 10.0
metres nor 2 1/2 Storeys as per the
height definition of Section
6.1(36) of the Edmonton Zoning
Bylaw 12800.
36
98305168-001
(Continued)
All yards, visible from a public
roadway other than a lane, shall be
seeded or sodded within eighteen
(18) consecutive months of the
issuance of an Occupancy
Certificate for the development.
Alternative forms of landscaping
may be substituted for seeding or
sodding as specified in Section
55.2(4)(b).
Note: The applicant should be
advised that there may be
complications in obtaining a
Development Permit for future
house additions and decks because
of the deficient yards.
___________________________________________________________________
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.
___________________________________________________________________
37
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-11-137
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
38
Meeting No. 28/11
Thursday, July 14, 2011
BUSINESS LAID OVER
----------------------------------------------------------------------------------------------------------------------SDAB-D-11-115
An appeal by Sarah Fassman to construct a second floor addition to a Single
Detached House (existing without permits)
August 4, 2011
----------------------------------------------------------------------------------------------------------------------SDAB-D-11-132
An appeal by Blue Danube Condo Corporation VS Roth and Der Architects
Ltd. to construct a General Retail Store building (4 CRU’s)
August 4, 2011
----------------------------------------------------------------------------------------------------------------------SDAB-D-11-131
An appeal by Priority Permits Ltd. to construct an On-premises Freestanding
Sign (KINGSWAY CAR WASH with 2 metres by 2.34 metres animation
panel and 1 metre by 2.34 metres time/temperature panel)
August 11, 2011
----------------------------------------------------------------------------------------------------------------------SDAB-D-11-090
An appeal by Omer Moyen to comply with a Stop Order to Cease the Use of
the Single Detached One Family Dwelling as a Five Suite Apartment. You
are ORDERED to REMOVE the following additions to the Single Detached
One Family Dwelling and RESTORE the condition of the surface of the
land to its original state:
1.REMOVE the East and West Enlarged Floor Area Expansions on the
Second Floor by lowering the roof to its original construction and design;
2.REMOVE the Washroom on the Second Floor;
3.REMOVE the Rear Second Floor Suite by DEMOLISHING all
construction that does not have a valid Development and Building Permit
issued by the Planning and Development Department;
4.REMOVE/DECOMMISSION the Washroom and Kitchen in the
Basement. This Order is to be complied with on or before April 30, 2011.
September 8, 2011
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