SUBDIVISION
AND
DEVELOPMENT APPEAL BOARD
AGENDA
Meeting No. 43OCCBR/10
Thursday, 9:00 A.M.
October 28, 2010
Office of the City Clerk Boardroom
Third Floor, City Hall
2
Meeting No.: 43OCC/10
Thursday, October 28, 2010
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
OFFICE OF THE CITY CLERK BOARDROOM
----------------------------------------------------------------------------------------------------------------------9:00 A.M.
SDAB-D-10-351
Construct a Single
I
91691682-001
Detached House with
ramp to underground
parkade, fireplace,
basement development
and rooftop deck
(attached to existing rear
enclosed pool)
9624 – Riverside Drive
NW
----------------------------------------------------------------------------------------------------------------------BREAK – 10:30 A.M. TO 10:45 A.M.
----------------------------------------------------------------------------------------------------------------------10:45 A.M.
SDAB-D-10-352
Construct an OffII
101582672-001
premises Freestanding
Sign (convert the existing
3 metres by 6 metres
North / South faces to
animated signs)
14660 – 137 Avenue NW
----------------------------------------------------------------------------------------------------------------------LUNCH BREAK – 12:15 P.M. TO 12:45 P.M.
----------------------------------------------------------------------------------------------------------------------12:45 P.M.
SDAB-D-10-353
Construct four Row
III
99774207-001
Housing buildings (12
dwellings) and to
demolish the existing
Single Detached Housing
and detached garage
buildings
10114 – 160 Street NW
----------------------------------------------------------------------------------------------------------------------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. 43OCC/10
Thursday, October 28, 2010
I
ITEM I: 9:00 A.M.
FILE: SDAB-D-10-351
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY
AN ADJACENT PROPERTY OWNER
APPELLANT:
Application No.: 91691682-001.
DEVELOPMENT OFFICER’S DECISION DATE: September 22, 2010.
NOTICE OF APPEAL PERIOD: September 28, 2010 through October 11, 2010.
ADDRESS OF APPELLANT: 9628 Riverside Drive NW Edmonton, AB
T5N 3M6.
DATE OF APPEAL: September 29, 2010.
RESPONDENT:
ADDRESS OF RESPONDENT: 268 Tory Crescent NW, Edmonton, AB T6R 3A5.
APPLICATION FOR PERMISSION TO: Construct a Single Detached House
with ramp to underground parkade,
fireplace, basement development and
rooftop deck (attached to existing rear
enclosed pool).
ZONE: RF1 Single Detached Residential Zone.
LEGAL DESCRIPTION: Lot 32, Block 9, Plan 5710HW.
MUNICIPAL DESCRIPTION: 9624 Riverside Drive NW.
__________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“APPROVED - The proposed development was approved, subject to the following
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 8.60 metres
nor 2 1/2 Storeys as per the height definition of Section 6.1(36) of
the Edmonton Zoning Bylaw 12800.
cont’d…
4
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (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).
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.
Note: A separate curb crossing permit shall be applied for. For
application details, please contact the Planning and Development
Department, Jenny Hwang at 496-6043 (Section 1210 and 1211 of
the Traffic Bylaw No. 5590).
Note: Lot grades must match the Engineered approved lot grading
plans for the area. Contact Drainage Services at 780-496-5500 for
lot grading inspection inquiries.
Note: The applicant should be advised that there may be
complications in obtaining a Development Permit for the future
decks because of the deficient yards.
Note: An approved Development Permit means that the proposed
development has been reviewed against the provisions of this
bylaw. It does not remove obligations to conform with other
legislation, bylaws or land title instruments such as the Municipal
Government Act, the Edmonton Building Permit Bylaw or any
caveats, covenants or easements that might be attached to the Site.
(Reference Section 5.2)
cont’d…
5
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
VARIANCES
Section 814.3(1), The minimum Front Yard shall be 9.89 metres,
relaxed to 7.88 metres.
Section 814.3(17), The minimum Rear Yard shall be 19.60 metres,
relaxed to 6.91 metres.”
__________________________________________________________________
APPELLANT’S SUBMISSION
“I am writing to you in regard to the above development and our concerns in regard
to the variances that the City of Edmonton Planning Branch has granted.
We are aware that the Planning Department is understaffed and does not have the
time to properly spend on all applications. In our discussions Mr. Kowal stated that
there are only two Inspectors for the City of Edmonton and that they do not have
adequate equipment to monitor all developments. I am including our Ward
Councillors in the hope that they may be able to help you with your staffing
challenges. We are hopeful that this situation will change.
We are particularly concerned with the following issues:
1. Both the Front and Rear Yard are not compliant.
2. There shall be no vehicular access from the front or flanking roadway when an
abutting Lane exists. We understand that there is an existing driveway and garage.
On new construction, we understand that the Mature Neighbourhood Overlay has
not grandfathered in that front drives are allowed.
3. The maximum height shall not exceed 8.6 metres nor 2 ½ storeys. The current
plan that we have seen shows a height of 9.8 metres to the top of the mechanical
room roof. We feel that this room is more appropriate on a Commercial Building
and not on a home in a beautiful Mature Neighbourhood.
We have lived with a derelict boarded up swimming pool next to our home for
many years and certainly wish to see a new home and new neighbours, but until the
plans are revised we cannot support this development.”
__________________________________________________________________
cont’d…
6
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct a Single Detached House with ramp to underground
parkade, fireplace, basement development and rooftop deck (attached to existing
rear enclosed pool).
The site is located on the west side of Riverside Drive north of 96 Avenue and is
zoned RF1 Single Detached Residential Zone, Section 110. The site is within the
Mature Neighbourhood Overlay, Section 814.
NOTE: The Permit Detail includes the following information:
Site Area: 1545 square metres
40 Percent Total Site Coverage: 618.00 square metres
Proposed Total Site Coverage: 463.05 square metres
Building Height:
Front Yard:
Rear Yard:
South Side Yard:
North Side Yard:
Total Side Yards:
7.33 metres
7.88 metres
6.91 metres
4.05 metres
4.53 metres
8.58 metres
This application was approved by the Development Officer subject to
conditions.
Pursuant to Section 11.3 and 11.4 and subject to the right of appeal to the
Subdivision and Development Appeal Board, Section 21.1, the
Development Officer granted the following variances:
1.
Section 814.3(1) states that the minimum Front Yard shall be
consistent with the Setback of development on adjacent Sites and
with the general context of the block face, but shall not be less than
3.0 metres and the principal building shall be located at or within 1.0
metres of the Front Yard. The required Front Yard is 10.89 metres.
The principal building shall be located at 9.89 metres from the Front
property line, proposed is 7.88 metres and a relaxation of 2.01
metres was granted.
cont’d…
7
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
2.
Section 814.3(17) states that the minimum Rear Yard shall be 40
percent of Site Depth. The Site Depth is 49.0 metres. Forty percent
of the Site Depth is 19.60 metres, proposed is 6.91 metres and a
relaxation of 12.69 metres was granted.
The Development Officer noted the following:
1.
2.
3.
4.
A separate curb crossing permit shall be applied for. For application
details, please contact the Planning and Development Department,
Jenny Hwang at 496-6043 (Section 1210 and 1211 of the Traffic
Bylaw No. 5590).
Lot grades must match the Engineered approved lot grading plans
for the area. Contact Drainage Services at 780-496-5500 for lot
grading inspection inquiries.
The applicant should be advised that there may be complications in
obtaining a Development Permit for the future decks because of the
deficient yards.
An approved Development Permit means that the proposed
development has been reviewed against the provisions of this bylaw.
It does not remove obligations to conform with other legislation,
bylaws or land title instruments such as the Municipal Government
Act, the Edmonton Building Permit Bylaw or any caveats, covenants
or easements that might be attached to the Site. (Section
5.2)
The decision of approval by the Development Officer has been appealed by
an adjacent property owner who resides north of the subject site at 9628
Riverside Drive.
Included under “Comments” in the Planning and Development Department
POSSE System dated September 22, 2010, the Development Officer has
provided the following information:
TECHNICAL REVIEW
RF1 MNO, Crestwood
Section 110.2(3), Single Detached Housing is a Permitted Use.
cont’d…
8
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Section 110.4(1), The minimum Site Area shall be 360 square metres
per Dwelling.
Section 110.4(2), The minimum Site Width shall be 12.0 metres.
Section 110.4(3), The minimum Site Depth shall be 30.0 metres.
Section 110.4(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: 29.95 percent.
Section 814.3(1), The minimum Front Yard shall be consistent with
the Setback of development on adjacent Sites and with the general
context of the block face, but shall not be less than 3.0 metres and
the principal building shall be located at or within 1.0 metre of the
Front Yard.
Required: 9.89 metres; Proposed: 7.88 metres;
Deficient by: 2.01 metres
(Note: See Block face calculations below).
Section 814.3(6), Each Dwelling that is adjacent to a public roadway
other than a Lane, shall have an entrance door or entrance feature
such as a front porch, deck or landing area, at the front of the
structure and oriented to the roadway.- OK.
Section 814.3(7), There shall be no vehicular access from the front
or flanking public roadway where an abutting Lane exists, and
a) a Treed Landscaped Boulevard is present along the roadway
adjacent to the property line; or
- No boulevard trees as per Google Map provided by applicant (see
DOCS).
b) the Site Width is less than 15.5 metres
- Site Width is 30.38 metres
Section 814.3(9), The maximum Height shall not exceed 8.6 metres
nor 2 1/2 Storeys. Proposed: 7.33 metres or 2 storeys
(Note: FF to top of second storey roof sheathing 6.71 metres)
cont’d…
9
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
(Note: The Development Officer has determined Grade by
calculating the average of the elevation at the corners of the Site
prior to construction as shown on the applicant's grading plan
(average = 667.07))
Section 814.3(11), When a structure is more than 7.5 metres in
Height,
a) dormers shall be recessed from the exterior walls of the structure;
b) there shall be no dormer or gable roof on the side of the structure
where a Side Yard is less than 2.0 metres; and
c) notwithstanding clauses (a) and (b), above, an exception shall be
made to allow a dormer that accommodates a stairwell to the upper
1/2 Storey, provided that the dormer does not exceed the width of the
stairway and that it provides only the minimum required headroom
for a staircase, as outlined in the Alberta Building Code.
- Not applicable. No dormers proposed.
Section 814.3(12), the Basement elevation of structures of two or
more Storeys in Height shall be no more than 1.2 metres above
grade. The Basement elevation shall be measured as the distance
between Grade level and the floor of the first Storey.
Proposed: 0.62 metres.
(Note: The Development Officer has determined Grade by
calculating the average of the elevation at the corners of the Site
prior to construction as shown on the applicant's grading plan
(average = 667.07))
Section 814.3(15)(a), Side Yards shall total 20 percent of the Site
Width but shall not be required to exceed 6.0 metres in total.
Required Total: 6.08 metres; Proposed Total: 8.58 metres
Section 814.3(15)(b), The minimum interior Side Yard shall be 2.0
metres; Proposed Right: 4.53 metres; Proposed Left: 4.05 metres.
cont’d…
10
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Section 814.3(16), Where a structure is two or more Storeys in
Height and an interior Side Yard is less than 2.0 metres, the
applicant may be required to provide information regarding the
location of windows and Amenity Areas on adjacent properties, and
the windows of the proposed development shall be located to
minimize overlook into adjacent properties.
- Proposed development accommodates 2.0 metres side yards.
Additional information not requested.
Section 814.3(17), The minimum Rear Yard shall be 40 percent of
Site Depth. Required: 19.60 metres; Proposed: 6.91 metres;
Deficient by: 12.69 metres.
Section 814.3(23), Where an application for a Development Permit
does not comply with the regulations contained in this Overlay:
a) the applicant shall contact the affected parties, being each assessed
owner of land wholly or partly located within a distance of 60.0 m 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
- Community Consultation submitted. See DOCS.
Section 49.1(b), Fences in Residential Zones shall not exceed 1.0
metres for the portion of a fence that does extend beyond the
foremost portion or portions of the principal building on the Site,
provided that the Development Officer may exercise his variance
power to allow a fence to be erected to not more than 1.85 metres in
height.
Proposed Retaining Wall Height in Front Yard: 0.84 metres.
_____________________________________________________
cont’d…
11
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
BLOCKFACE
(provided by applicant, unless otherwise stated - see DOCS)
(applicant's measurements are to the sidewalk)
(all measurements below are to property line)
9728 - 10.57 metres (walk to PL 3.66 metres) (Compl Cert 2009)
9724 - 9.92 metres (DP 2009)
9720 - 9.48 metres (DP 2006)
9716 - 10.55 metres (DP 2007)
9712 - 9.37 metres (from applicant)
9704 - 14.99 metres (Compl Cert 1996)
9628 - 10.21 metres (DP 2005)
*9624 - 7.88 metres proposed to foundation on Plot by Stantec
9616 - 11.28 metres (Compl Cert 2002)
9608 - 9.29 metres
9550 - 9.14 metres (Compl Cert 2005)
9530 - 15.08 metres (walk to PL 5.91 metres) (Compl Cert 1998)
Block Average - 10.89 metres
Adjacent Average - 10.75 metres
Therefore, required Front Yard is 10.89 metres
Included under “Justification” in the Planning and Development Department
POSSE System dated September 22, 2010, the Development Officer has
provided the following information:
Site is zoned RF1 and in the Mature Neighbourhood Overlay.
Due to the irregular front property line, hardship and practical
difficulties presented due to the irregular front property line.
Applicant has diligently designed and orientated the proposed house
accordingly. Front of the house provides a variety of facades and
will not be a continuous wall. Therefore, the front yard is only
deficient to three small corners of the house.
cont’d…
12
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Existing pool house at the rear will be retained and therefore presents
a practical hardship. It is a costly portion of the existing house that
the home owners wish to maintain. Therefore, rear yard variance
granted. Plenty of amenity area still available on the northeast part
of the site. Rear yard to the new proposed portion of house complies
with the 40 percent rear yard requirement.
Front driveways are consistent on this block. Site does have an
existing front crossing. Houses at 9616, 9704, 9712 all have front
driveways.
Partial Community Consultation submitted (see DOCS). Crestwood
Community League is NOT in support for three reasons. Two of
these reasons are not accurate interpretations of the Zoning Bylaw.
Neighbour directly north across lane is NOT in support for the same
reasons listed as the Community League. Two of the reasons are not
accurate interpretations of the Zoning Bylaw. Neighbours directly
south, 2 doors south and 2 houses across the rear lane are IN support.
Development application discussed with Paul Kowal.
hardships and minimal impacts on neighbourhood.
Discussed
NOTES:
The proposed rooftop stairwell and elevator housing and
parapet/guardrail walls were not considered for the purpose of
Height determination as per Section 52.2.
Under Section 52.2, in any Residential Zone, those features specified in
subsection 52.1 shall not be considered for the purpose of Height
determination.
Under Section 52.1, the following features shall not be considered for the
purpose of Height determination: chimney stacks, either free-standing or
roof mounted, steeples, belfries, domes, or spires, monuments, elevator
housings, roof stairways, entrances, water or other tanks, ventilating
equipment, skylights, fire walls, parapet walls, receiving or transmitting
structures, masts, flag poles, clearance markers or other similar erections.
cont’d…
13
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Included under “DOCS” in the Planning and Development Department
POSSE System, on May 25, 2010, the Transportation Department provided
the following:
The Transportation Department OBJECTS to the proposed
horseshoe driveway. A driveway of this nature should be located
entirely on private property. This proposal has the majority of the
circular driveway on road right-of-way.
The Transportation Department has no objection to an access for the
underground garage subject to the following:
CONDITIONS:
1.
The proposed access to Riverside Drive located
approximately 3 metres from the northeast corner of the site, must be
re-aligned to meet the curb at 90 degrees, and shall be constructed as
a 6.7 metres residential crossing as per the City of Edmonton Design
and Construction Standards.
2.
There is an existing streetlight located between the proposed
access and the alley, as shown on the Enclosure. The access must
maintain a minimum clearance of 1.5 m from the streetlight. The
applicant should contact Jatinder Hayer (780-412-7697) of EPCOR
Technology & Meter Services for more information. Should
relocation of the streetlight pole be required, all costs associated with
relocation must be borne by the owner/applicant.
3.
The existing access to Riverside Drive located at the south
east corner of the property must be filled in and the sidewalk and
curb & gutter constructed and boulevard restored to grass.
4.
The underground driveway ramp must not exceed a slope of
6 percent for a minimum distance of 4.5 metres inside the property
line and the ramp must be at grade at the property line. The
proposed ramp slope submitted by the applicant, as shown on
Enclosure 2, is acceptable to the Transportation Department.
cont’d…
14
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
5. No portion of the retaining walls for the underground driveway
shall encroach onto road right-of-way.
The following permit applications are listed in the Planning and
Development Department POSSE System:
Application Number Description
Curb Crossing Permit To
construct
a
91691682-002
Residential
Crossing
9.8 metres wide located
2.6 metres from the
north property line and
to reduce existing 8.4
metre crossing to 4.6
metres located 2.0
metres from the south
property line
Decision
August 10, 2010 –
Under
review
–
DRAFT
The
Transportation
Department
has
reviewed the revised
site plan submitted July
14, 2010 and provides
the following revised
response. We have no
objection
to
the
proposed
circular
driveway as shown on
the attachment, subject
to the following:
CONDITIONS:
1. The proposed 8.9
metres access located
approximately 3 metres
from the northeast
corner of the site, is
acceptable.
cont’d…
15
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
Curb Crossing Permit
91691682-002
Continued
Decision
2. The proposed 3.7
metres access located
approximately 2 metres
from the south east
corner of the property is
acceptable.
3. Riverside Drive is
roll face curb, therefore
no curb cut is required.
Should
the
owner
desire to cut the curb,
the accesses shall be
constructed
as
residential crossings to
meet City of Edmonton
Design
and
Construction Standards.
4. The proposed 8.9
metres access must
maintain a minimum
clearance of 1.5 metres
from the existing street
light.
The applicant
should contact Jatinder
Hayer (780-412-7697)
of EPCOR-Power for
more information.
5. The existing access
to Riverside Drive
located at the southeast
corner of the site must
be removed and the
boulevard restored.
cont’d…
16
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
Curb Crossing Permit
91691682-002
Continued
41463395-002
SDAB-D-04-257
Decision
6. The underground
driveway ramp must
not exceed a slope of 6
percent for a minimum
distance of 4.5 metres
inside the property line
and the ramp must be at
grade at the property
line.
The proposed
ramp slope submitted
by the applicant, as
shown on Enclosure 2,
is acceptable to the
Transportation
Department.
7. No portion of the
retaining walls for the
underground driveway
or curbing for the
circular driveway shall
encroach onto road
right-of-way, as shown
on the Enclosure 1.
To
construct
an October 8, 2004 addition to a Single Approved
Detached House (12.57
metres by 4.62 metres
front addition and a
8.25 metre by 17.46
metres rear second
storey addition)
cont’d…
17
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
41463395-001
To
construct
an
addition to a Single
Detached House (12.57
metres by 4.62 metres
front addition and a
8.25 metre by 17.46
metres rear second
storey addition)
39954588-001
Compliance Certificate
cont’d…
Decision
August 30,
Refused
2004
-
June 3, 2004 - In
response to your letter
dated May 6, 2004,
this is to advise you
that
the
building
(Single
Detached
House and Indoor Pool)
indicated on the Real
Property Report dated
November 21, 2001,
and signed by H.L.
Cummings,
Alberta
Land
Surveyor,
complies with the yard
regulations governing
RF1 (Single Detached
Residential) and Mature
Neighbourhood
Overlay Zones.
-The minimum Rear
Yard shall be 40
percent of Site Depth.
(Reference
Section
814.3(17)).
18
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
39954588-001
Continued
Decision
The
Accessory
Building
(Detached
Garage) shown on the
subject document does
NOT comply with the
following
yard
regulations of Section
814.3(20) (Accessory
Buildings in the Mature
Neighbourhood
Overlay Zone):
-A
rear
Detached
Garage shall be fully
contained within the
rear 12.8 metres of the
Site.
(Reference
Section 814.3(20)).
However, the buildings
are
NONCONFORMING
pursuant to Section
643(1) of the Municipal
Government
Act.
Section 643(5) of the
Municipal Government
Act states:
"643(5)
A
nonconforming
building
may continue to be
used but the building
may not be enlarged,
added to, rebuilt or
structurally
altered
except
cont’d…
19
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
39954588-001
Continued
13099489-001
Compliance Certificate
cont’d…
Decision
(a) to make it a
conforming building,
(b)
for routine
maintenance of the
building,
if
the
development authority
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."
May 31, 2002 - In
response to your letter
dated May 21, 2002,
this is to advise you
that
the
building
(Single
Detached
House and Indoor Pool)
indicated on the Real
Property Report dated
November 21, 2001,
and signed by H.L.
Cummings,
Alberta
Land
Surveyor,
complies with the yard
regulations governing
RF1 (Single Detached
Residential) and Mature
Neighbourhood
Overlay Zones.
20
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
13099489-001
Continued
Decision
-The minimum Rear
Yard shall be 40
percent of Site Depth.
Row
Housing
not
oriented to a public
roadway is exempt
from
this
Overlay
requirement.
(Reference
Section
814.3(17)).
The
Accessory
Building
(detached
garage) shown on the
subject document does
NOT comply with the
following
yard
regulations of Section
814.3(20) (Accessory
Buildings in the Mature
Neighbourhood
Overlay Zone):
-A
rear
detached
Garage shall be fully
contained within the
rear 12.8 metres of the
Site.
(Reference
Section 814.3(20)).
However, the buildings
are
NONCONFORMING
pursuant to Section
643(1) of the Municipal
Government
Act.
Section 643(5) of the
Municipal Government
Act states:
cont’d…
21
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
13099489-001
Continued
Decision
"643(5)
A
nonconforming
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
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."
You are also advised
that the CONCRETE
RETAINING WALL
encroaches onto the
LANE.
YOU ARE
REQUIRED
TO
OBTAIN
AN
ENCROACHMENT
PERMIT/
AGREEMENT
cont’d…
22
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-351
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
13099489-001
Continued
Decision
PURSUANT TO THE
CITY
STREETS
DEVELOPMENT
CONTROL BYLAW
No. 12513, PLEASE
CONTACT
THE
ENCROACHMENT
OFFICER AT 4968487.
__________________________________________________________________
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal Board
issue its official decision in writing within fifteen days of the conclusion of the
hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the verbal
decision is not final nor binding on the Board until the decision has been given in
writing in accordance with the Municipal Government Act.
__________________________________________________________________
23
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-10-351
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
24
Meeting No. 43OCC/10
Thursday, October 28, 2010
II
ITEM II: 10:45 A.M.
FILE: SDAB-D-10-352
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPELLANT:
APPLICATION NO.: 101582672-001.
DEVELOPMENT OFFICER’S DECISION DATE: September 20, 2010.
ADDRESS OF APPELLANT: 10707 – 178 Street NW, Edmonton, AB T5S 1J6.
DATE OF APPEAL: October 4, 2010.
APPLICATION FOR PERMISSION TO: Construct
an
Off-premises
Freestanding Sign (convert the existing
3 metres by 6 metres North / South
faces to animated signs).
ZONE: AGI Industrial Reserve Zone.
LEGAL DESCRIPTION: SE-26-53-25-4.
MUNICIPAL DESCRIPTION: 14660 – 137 Avenue NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development was refused for the following reasons:
1) Animated Signs are neither Permitted nor Discretionary in the
AGI Industrial Reserve Zone (Reference Sections 630.3(11),
630.4(6) and 59A.2(5)(b)).
No Sign shall be erected, operated, used or maintained that uses spot
or reflector lights directed at on-coming traffic or displays traveling
or flashing messages that create a hazard to traffic on a public
roadway from which the Sign is visible. (Reference Section 59.2(c))
It is the opinion of the Development Planner that this sign will create
a hazard to traffic on a public roadway from which the Sign is
visible.
The Planning Department has indicated in a report to Council that
regulations for Animated Signs shall be used as regulations for
Digital Signs until new Digital Sign regulations have been approved
by Council.
cont’d…
25
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-352
10:45 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
Note: The nearest definition related to this type of sign is Animated
Signs. Therefore, digital signs have been deemed to be a type of
animated sign for regulation purposes. The definition of animated
signs is taken from the Zoning Bylaw Section 6.2(2) and states that a
sign having moving parts or electronically controlled colour changes
or light that depict action or give motion to sign and includes
flashing lights.
2) Freestanding Off-premises Signs are Discretionary in a location
where such Signs lawfully existed as of the Effective Date of this
Bylaw, and that such Signs shall not be subject to the Setback and
required Yard provisions of this Zone. (Reference Section
59A.2(5)(b)
It is the opinion of the Development Planner that this application is
for a new sign not an existing sign so does not qualify for variance
under Section 59A.2(5)(b))
Note: A Search of Files revealed No Development Permit for the
Off-premises Freestanding Sign.
3) 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. (Reference Section
813.4(4)(b))
Proposed:
6 metres
Deficient by: 8 metres
4) 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…
26
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-352
10:45 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
5) 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 Planner 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.
(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))
6) For all Sign Applications, the Development Planner 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. (Reference
Section 59.2(4))
It is the opinion of the Development Planner that the Off-premises
Freestanding Sign may adversely impact the amenities or character
of the Zone. (Reference Section 59.2(4))
7) It is the opinion of the Development Planner that the proposed
location of the Freestanding Off-premises Sign along a Major
Commercial Corridor (St Albert Trail / Mark Messier Trail NW) will
have a negative impact on the surrounding development and may
adversely impact the amenities or character of the Zone.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“1. We do not agree with the opinion of the Development Planner, that this sign will
create a hazard to traffic.
cont’d…
27
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-352
10:45 A.M.
APPELLANT’S SUBMISSION (CONTINUED)
2. Sign will be in exact same location as existing sign.
3. Existing sign is 13.90 metres from St. Albert Trail.
4. Current sign is located in a landscaping business next to a vacant field. We do
not feel it will interfere with amenities.
5. In our opinion it will not adversely impact the built environment.
6. In our opinion it will not adversely impact the amenities or character of the zone.
7. Considering signage is already in existence we do not feel the digital sign will
have a negative impact.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct an Off-premises Freestanding Sign (convert the
existing 3 metres by 6 metres North / South faces to Animated Signs).
The site is located on the north side of 137 Avenue on the east side of Mark Messier
Trail and is zoned AGI Industrial Reserve Zone, Section 630. The subject site is
within the Major Commercial Corridors Overlay, Section 813.
NOTE: Freestanding Off-premises Signs, in a location where such Signs lawfully
existed as of the Effective Date of this Bylaw, is a Discretionary Use and
such Signs shall not be subject to the Setback and required Yard provisions
of this Zone, Section 630.3(11).
The submitted plans indicate that the existing double-sided Freestanding
Off-premises Sign is 3.05 metres by 6.1 metres in size. The sign is facing
in a North/South direction and is located 7.90 metres from the west side
property line abutting Mark Messier Trail. The overall Height of the Sign
above grade is 8.0 metres. This application is to convert the south face to
digital copy and the north face remains static copy.
cont’d…
28
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-352
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
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.
Section 6.2(2) states that 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.
Section 630.4(6) states that Signs shall comply with the regulations found
in Schedule 59A.
Schedule 59A.2(5) states that Freestanding Off-premises Signs shall be
subject to the following Regulations:
a)
Freestanding Off-premises Sign permits may be approved for a
period of up to five years; and
b)
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 Off-premises Sign or may refuse a
permit that adversely impacts the built environment.
Section 813.1 of the Major Commercial Corridor Overlay, states that 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…
29
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-352
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Section 813.4(4)(b) states that 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
Officer may use his variance power to reduce this minimum building
Setback to the minimum applicable landscaped Yard requirement specified
by this Overlay where the proposed development lies adjacent to an existing
service road, provided that the Landscaping and building treatments
minimize the perception of massing and create a high standard of building
appearance.
The following permit applications are listed in the Planning and
Development Department POSSE System:
Application Number Description
87870150-001
To convert the
South face of an
Off-premises
Freestanding Sign
to
digital/North
face is to remain
static (3 metres by
6 metres)
34967756-002
SDAB-D-04-019
Decision
September 2, 2009 –
Refused for the reason that
Digital / Animation is
neither
Permitted
nor
Discretionary in the AGI
Zone (Reference Sections
630.3(11), 630.4(6) and 59
a2(5)(b)) 59A.2(5))
Note: - A Search of Files
revealed No Development
Permit for the Off-Premises
Freestanding Sign.
- The required setback for
the Off-Premise sign is 14
metres (existing setback is
7.9 metres)
Develop
and February 26, 2004 – Appeal
operate
a Withdrawn
Temporary Storage
Facility (Tee Bar
Sod) and to move
on an accessory
building.
cont’d…
30
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-352
10:45 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
Decision
34967756-001
Develop
and December 18, 2003 operate
a Refused
Temporary Storage
Facility (Tee Bar
Sod) and to move
on an accessory
building.
___________________________________________________________________
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.
___________________________________________________________________
31
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-10-352
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
32
Meeting No. 43OCC/10
Thursday, October 28, 2010
III
ITEM III: 12:45 P.M.
FILE: SDAB-D-10-353
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPELLANT:
Application No.: 99774207-001.
DEVELOPMENT OFFICER’S DECISION DATE: September 22, 2010.
ADDRESS OF APPELLANT: 15707 – 135 Street NW, Edmonton, AB T6V 1P6.
DATE OF APPEAL: October 4, 2010.
APPLICATION FOR PERMISSION TO: Construct four Row Housing buildings
(12 dwellings) and to demolish the
existing Single Detached Housing and
detached garage buildings.
ZONE: RA7 Low Rise Apartment Zone.
LEGAL DESCRIPTION: Lots 1-3, Block 5, Plan 1924AM.
MUNICIPAL DESCRIPTION: 10114 – 160 Street NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED – The proposed development was refused for the following reasons:
1. Section 210.4(6) - The minimum Front Yard shall be 6.0 metres
Proposed:
2.4 metres
Deficient:
3.6 metres
2. Section 210.4(7) - The minimum Rear Yard shall be 7.5 metres
Proposed:
3.0 metres
Deficient:
4.5 metres
3. Sections 48.2(1) & 48.1(6) - In front of a Principal Living Room
Window, a Separation Space, with a minimum depth of 7.5 metres or
half the height of any wall opposite the said Window, whichever is
greater, to a maximum of 10.0 metres shall be provided.
Required:
15.0 metres
Proposed:
8.2 metres
Deficient:
6.8 metres
cont’d…
33
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-353
12:45 P.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED)
4. Sections 48.3(1) & 48.1(6) - In front of a required Habitable
Room Window other than the Principal Living Room Window, a
Separation Space, with a minimum depth of 5.0 metres or half the
height of any wall opposite the said Window, whichever is greater,
to a maximum of 7.5 metres shall be provided.
Required:
10.0 metres
Proposed:
8.2 metres
Deficient:
1.8 metres
5. Section 55.3(1) - A Landscape Plan which clearly indicates and
accurately identifies the information listed in subsection 55.3 is
required.
6. Section 55.4(3) - Perimeter planting is required to provide
substantial interruption of the view of the proposed parking area
from the adjacent residential and commercial zones.
7. Section 55.4(4)(5) - Screening of the proposed trash collection
area from the adjacent commercial zone is required.
8. Section 55.4(6) - Twenty-three trees and fifty-four shrubs are
required for the proposed development. Trees and shrubs are
required to be provided in accordance with subsection 55.8.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“The majority of the “Reasons for Refusal” can be rectified.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct four Row Housing buildings (12 dwellings) and to
demolish the existing Single Detached Housing and Detached Garage buildings
The site is located on the west side of 160 Street, north of Stony Plain Road and is
zoned RA7 Low Rise Apartment Zone, Section 210.
cont’d…
34
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-353
12:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
NOTE: Section 210.2(5) states that Stacked Row Housing, including Row Housing
but excluding Semi-detached and Duplex Housing, on a Site of 1.4 hectares
or less, which does not isolate another Site within this Zone of less than
800 square metres, is a Permitted Use.
Section 210.3(15) states that Stacked Row Housing, including Row
Housing on a site larger than 1.4 hectares, is a Discretionary Use.
Section 7.2(6) states that Row Housing means development consisting of a
building containing a row of two or more Dwellings joined in whole or in
part at the side only with no Dwelling being placed over another in whole
or in part. Each Dwelling shall be separated from the one adjoining, where
they are adjoining, by a vertical Party Wall which is insulated against
sound transmission. Adjoining rooms may or may not be Habitable Rooms.
Each Dwelling shall have separate, individual, and direct access to grade.
This Use Class includes Semi-detached Housing.
The Permit Detail includes the following information:
Site Area: 2090.25 square metres (0.21 hectares)
Site Width: 45.7 metres
Proposed Site Coverage: 955.78 square metres
Floor Area Ratio: .69
Number of dwellings: 12 units
Building Height: 9.7 metres and two storeys
Front Yard: 2.4 metres
Parking provided: 26 parking spaces
Rear Yard: 3.0 metres
North Side Yard: 9.5 metres
South Side Yard: 5.5 metres
Section 210.4, Development Regulations for Permitted and Discretionary
Uses
1.
The maximum Density shall be 125 Dwellings/hectares
2.
The minimum Site Area shall be 800 square metres.
3.
The minimum Site Width shall be 20.0 metres.
cont’d…
35
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-353
12:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
4.
5.
6.
7.
8.
9.
10.
11.
The maximum Height shall not exceed 14.0 metres nor 4 Storeys.
Floor Area may be developed in attic areas as additional space to a
Dwelling, and not counted as a Storey, provided the additional Floor
Area creates architectural interest to the design of the building and
the development is within the maximum allowable Height. In cases
where dormers or other windows are proposed, the development
shall be considered a Discretionary Development.
The maximum Floor Area Ratio shall be 1.3. The maximum Floor
Area Ratio may be increased to 1.4 when underground parking is
provided. In such a case, the application will be a Discretionary
Development.
The minimum Front Yard shall be 6.0 metres.
The minimum Rear Yard shall be 7.5 metres.
The minimum Side Yard shall be 1.0 metres for each Storey or
partial Storey, except that a total of at least 2.0 metres shall be
provided in all cases. A Side Yard shall be not less than 4.5 metres
when it abuts a flanking public roadway other than a Lane.
Separation Space shall be provided in accordance with Section 48 of
this Bylaw, except that it shall not be required between a Garage
Suite or a Garden Suite and the associated principal Dwelling on the
same Site.
A minimum Amenity Area of 7.5 square metres per Dwelling shall
be provided.
Notwithstanding the other regulations of this Zone, where any
building exceeds 10.0 metres or 2 ½ Storeys in height, or is a Multiunit Project Development, and abuts a Site zoned to allow Single
Detached Housing as a Permitted Use, or the RF5 Row Housing
Zone, the following regulations shall apply along the said property
line:
a.
a minimum Yard of 7.5 metres shall be required except that:
i)
where a building exceeds 10.0 metres or 2 ½ Storeys
in height, the portion of the building exceeding the
said height shall have a minimum 10.0 metres
Stepback from the property line;
cont’d…
36
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-353
12:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
ii)
b.
c.
d.
e.
f.
the Development Officer may reduce this Yard to a
minimum of 1.0 metres per Storey or partial Storey
only where the proposed façade is a flanking or end
wall, and an acceptable landscaped buffer is provided.
In no case, shall the Yard be less than 3.0 metres, nor
shall the Yard be reduced where the proposed
building abuts the south property line of a
neighbouring site;
iii)
where a Stepback is provided, it shall be a minimum
of 2.5 metres;
The Development Officer may reduce the minimum Stepback
where:
i)
a sun shadow study, prepared by a qualified,
registered Professional Engineer or Architect,
demonstrates the shadow impact is minimal, using
March 21 and September 21 as the benchmark; or
ii)
variations in Yards and Stepbacks, recessed
balconies, or other design techniques minimize
building massing and/or shadow impacts, and provide
architectural interest, complimentary to the
surrounding development;
no outdoor parking, garbage collection, common amenity
areas, or outdoor storage areas shall be developed within 3.0
metres;
a solid screen fence, 1.83 metres in height, shall be installed,
except along common flanking Front Yard boundaries;
design techniques including, but not limited to, the use of
sloped roofs, variations in building setbacks and articulation
of building façades, shall be employed in order to minimize
the perception of massing of the building when viewed from
adjacent residential areas and roadways;
building finishes shall be compatible with the exterior
finishing materials and colours typical of adjacent
development; and
cont’d…
37
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-353
12:45 P.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
g.
12.
the Development Officer may require information regarding
the location of windows and Amenity Areas on adjacent
properties to ensure the windows or Amenity Areas of the
proposed development are placed to minimize overlook into
adjacent properties.
Signs shall comply with the regulations found in Schedule 59B.
Included under “Justification” in the Planning and Development Department
POSSE System dated September 22, 2010, the Development Officer has
provided the following information:
Unnecessary hardship cannot be demonstrated in order to granted the
necessary variances to approve this project. It is the opinion of the
Development Officer that the proposed development may unduly
interfere with the amenities of the neighbourhood; or materially
interfere with or affect the use, enjoyment or value of neighbouring
properties.
On file is a copy of the detailed Technical Development Review by the
Development Officer.
On file is a copy of the memorandum from Tami Hinse, Transportation
Planning Branch, Transportation Department, dated September 14, 2010,
that states the Transportation Department has reviewed the above noted
development application and does not object to the proposed development,
subject to six conditions.
___________________________________________________________________
cont’d…
38
Meeting No. 43OCC/10
Thursday, October 28, 2010
FILE: SDAB-D-10-353
12:45 P.M.
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal Board
issue its official decision in writing within fifteen days of the conclusion of the
hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the verbal
decision is not final nor binding on the Board until the decision has been given in
writing in accordance with the Municipal Government Act.
___________________________________________________________________
39
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-10-353
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
40
Meeting No. 43/10
Thursday, October 28, 2010
BUSINESS LAID OVER
----------------------------------------------------------------------------------------------------------------------SDAB-D-10-288
An appeal by Jeff Winkelaar to construct an addition to a Single Detached
House (4.88 metres by 4.57 metres rear two-storey), rear uncovered Balcony
(0.90 metres by 2.29 metres), rear uncovered Deck (2.74 metres by 4.88
metres) and Secondary Suite (1-bedroom)
November 10, 2010
----------------------------------------------------------------------------------------------------------------------SDAB-D-10-341
An appeal by Landale Signs & Neon Ltd. to construct an On-premises
Freestanding Sign (message board)
November 25, 2010
----------------------------------------------------------------------------------------------------------------------SDAB-D-10-334
An appeal by 1310484 Alberta Ltd. to construct a Single Detached House
with front attached Garage and front 1.58 metres by 1.83 metres veranda.
November 25, 2010
---------------------------------------------------------------------------------------------------------------------SDAB-D-10-288
An appeal by Yangela Diaz to construct four dwelling Stacked Row
Housing Development.
November 25, 2010
---------------------------------------------------------------------------------------------------------------------SDAB-D-10-238
An appeal by 1352986 Alberta Ltd. to comply with a Stop Order to cease
the operation of the Accessory Parking Lot and completely prohibit access
to all four properties with concrete barricades and remove all signage
indicating “Customer Parking”, for Mirama Dining & Lounge. This order is
to be complied with on or before July 12, 2010.
December 2, 2010
---------------------------------------------------------------------------------------------------------------------SDAB-D-10-239
An appeal by 1352986 Alberta Ltd. to comply with a Stop Order to cease
the operation of the Accessory Parking Lot and completely prohibit access
to the site concrete barricades. This order is to be complied with on or
before July 12, 2010.
December 2, 2010
----------------------------------------------------------------------------------------------------------------------SDAB-S-09-005
An appeal by Mammoet 13320 – 31 Street NE Limited to create two lots
approximately 18.5 hectares in size.
December 9, 2010
-----------------------------------------------------------------------------------------------------------------------