SUBDIVISION
AND
DEVELOPMENT APPEAL BOARD
AGENDA
Meeting No. 12H/10
Thursday, 9:00 A.M.
March 25, 2010
Heritage Room
Main Floor, City Hall
2
Meeting No.: 12H/10
Thursday, March 25, 2010
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HERITAGE ROOM
----------------------------------------------------------------------------------------------------------------------9:00 A.M.
SDAB-D-10-075
Enlarge/modify a rear
I
85658742-006
uncovered deck (from
2.00 metres by 7.32
metres to 3.57 metres by
7.26 metres) existing
without permits.
1012 – Hollands Point
NW
----------------------------------------------------------------------------------------------------------------------BREAK: 10:00 A.M. TO 10:15 A.M.
----------------------------------------------------------------------------------------------------------------------10:15 A.M.
SDAB-D-10-076
Construct an Accessory
II
92487225-001
Building (7.32 metres by
4.27 metres – Detached
Garage) existing without
permits.
151 – 163 Avenue NE
----------------------------------------------------------------------------------------------------------------------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. 12H/10
Thursday, March 25, 2010
I
ITEM I: 9:00 A.M.
FILE: SDAB-D-10-075
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPELLANT:
Application No.: 85658742-006.
DEVELOPMENT OFFICER’S DECISION DATE: February 25, 2010.
ADDRESS OF APPELLANT: 7340 – Yellowhead Trail NW, Edmonton, AB, T5B
4K2.
DATE OF APPEAL: February 26, 2010.
APPLICATION FOR PERMISSION TO: Enlarge/modify a rear uncovered deck
(from 2.00 metres by 7.32 metres to
3.57 metres by 7.26 metres), existing
without permits.
ZONE: RSL Residential Small Lot Zone.
LEGAL DESCRIPTION: Lot 140, Block 164, Plan 0923367.
MUNICIPAL DESCRIPTION: 1012 – Hollands Point NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED - The development is refused for the following reasons:
The maximum total Site Coverage shall not exceed 45 percent,
inclusive of the attached Garage and any other Accessory Buildings
(Reference section 115.4(5)).
Allowable Site Coverage: 45.00 percent
Existing Site Coverage: 45.40 percent
Exceeds By:
0.40 percent
Platform Structures provided such projections do not exceed 2.0
metres into Yards or Separation Spaces with a depth of at least 4.0
metres. (Reference section 44.3(a)).
Allowable Projection into Rear Yard: 2.00 metres
Existing Projection into Rear Yard: 3.57 metres
Exceeds By: 1.57 metres
cont’d….
4
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-075
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION CONTINUED
Note: The Existing Deck encroaches onto a Restrictive Covenant
(Top of Bank/Number 092095051) which restricts development to
ground level decks only. The existing deck has piles located within
the Restrictive Covenant.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“- House was approved with deck, understand it’s larger than on the plans, did not
know the framers had done this.
- It is a two million dollar home, we had railing imported from overseas, siding is
finished, vinyl coating has been done and an extensive amount of money was put
in to the finishing of the deck. Home may be pending for sale. Cost of reducing
it will be extensive. Removing of pile, removing and crafted railing that can’t be
modified, stucco damage, whole back would have to be re-done.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to enlarge/modify a rear uncovered deck (from 2.00 metres by
7.32 metres to 3.57 metres by 7.26 metres – existing without permits).
The site is located in a cul-de-sac at Hollands Point, north of 23 Avenue (east of
Rabbit Hill Road) and is zoned RSL Residential Small Lot Zone, Section 115 of the
Edmonton Zoning Bylaw 12800. The site is within the Hodgson Neighbourhood
Area Structure Plan, Bylaw 11012 (as amended), adopted by City Council on June
23, 1995.
NOTE: The submitted plans indicate that the existing second storey uncovered deck
is 3.57 metres by 7.26 metres in size and is attached to the rear (northeast)
elevation of the existing principal dwelling. The uncovered deck is located
3.93 metres from the rear lot line.
Under Development Permit No.85658742-001, a second storey uncovered
deck, 2.0 metres by 7.32 metres in size, was approved on June 5, 2009.
Section 6.1(70) states that Site Coverage means the total horizontal area of
all buildings or structures on a Site which are located at or higher than 1.0
cont’d….
5
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-075
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
metre above grade, including Accessory Buildings or Structures, calculated
by perpendicular projection onto a horizontal plane from one point located
at an infinite distance above all buildings and structures on the Site. This
definition shall not include:
a) steps, eaves, cornices, and similar projections;
b) driveways, aisles and parking lots unless they are part of a Parking
Garage which extends 1.0 metre or more above grade; or
c) unenclosed inner and outer courts, terraces and patios where these are
less than 1.0 metre above grade.
The Development Officer has provided the following information:
Site Area:
45 percent Allowable Site Coverage:
Existing Principal Dwelling
(with original uncovered deck):
Proposed enlarged Deck:
Proposed Total Site Coverage
(including enlarged/modified deck):
689.00 square metres
310.05 square metres
301.50 square metres
25.92 square metres
312.79 square metres
Section 115.4(5) states that the maximum total Site Coverage shall not
exceed 45 percent, inclusive of the attached Garage and any other Accessory
Buildings. Forty-five percent maximum total allowable Site Coverage is
310.05 square metres, proposed is 312.79 square metres and exceeds the
maximum total allowable Site Coverage by 2.29 square metres.
Under Section 44.3(a), Platform Structures may project into a required Yard
or Separation Space, provided such projections do not exceed 2.0 metres
into Yards or Separation Spaces with a depth of at least 4.0 metres. The
existing required Rear Yard is 7.5 metres. The proposed deck projects 3.57
metres into the required Rear Yard and exceeds the allowable projection by
1.57 metres.
The Development Officer noted that the existing deck encroaches onto a
Restrictive Covenant (Top of Bank/Number 092095051) which restricts
development to ground level decks only. The existing deck has piles located
within the Restrictive Covenant.
cont’d….
6
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-075
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 February 25, 2010, the City Geotechnical Engineer, Paul
Lach, provided the following:
SUBJECT: DA#85658742-001, 1012 Hollands Point, Existing Deck
I reviewed the information provided for the above noted development
application. This information included a sketch drawing showing the
dimensions of an existing rear uncovered deck together with a copy of a
Real Property Report showing the deck location, prepared by Pals Surveys
and Associates, dated January 8, 2010. I also reviewed the top-of-bank
restrictive covenant agreement that applies to this property together with the
geotechnical report which provided the technical framework for the
restrictive covenant, prepared by CT & Associates Engineering Inc., dated
June 2003.
Based on the information provided, I believe that the existing deck is not in
compliance with the major recommendations of the geotechnical report and
the requirements of the restrictive covenant. In particular, the survey plan
provided clear indication of encroachment of the rear deck beyond the
required building setback area identified in the restrictive covenant.
Encroachment of a deck within the building setback area could be reviewed
for possible approval only if the deck were of modest construction and
providing that the structure was not rigidly connected to the foundations or
superstructure of the house. In such a case, the deck could be viewed as a
sacrificial amenity with respect to the potential adverse impacts of slope
failure and regression. However, from the information provided, the
existing deck does not meet such criteria. The deck appears to be rigidly
connected to the superstructure of the house at raised elevation with
columns and pile foundation supports extending within the building setback
area. Therefore, from a geotechnical engineering standpoint, I would not
support the approval of this application based on the currently available
information.
The following permit applications are listed in the Planning and
Development Department POSSE System:
cont’d….
7
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-075
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
94280895-001
Compliance Certificate
Decision
February 1, 2010 Your Real Property
Report, dated January
8, 2010 showed a
Single
Detached
House with Attached
Garage and Front
Veranda that complies
with
the
RSL
(Residential
Small
Lot)
Zone
development
regulations.
You are also advised
that a search of our
files
revealed
no
record of development
approval for the 1.87m
x 7.26 m extension to
an Existing 3.11 m
High Uncovered Rear
Deck.
A Development Permit
and Building Permit
must be obtained for
this structure. To apply
for a development and
building permit, you
must
submit
the
required drawings as
outlined
in
the
enclosed brochure, as
well as the appropriate
cont’d….
8
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-075
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
94280895-001
Continued
Decision
fees. Any approval or
refusal is subject to the
right of appeal to the
Subdivision
and
Development Appeal
Board.
Note: Real Property
Report shows a 3.57 m
x 7.26 m uncovered
rear deck on it, but
original house combo
permit
shows
an
approval for 1.7 m x
7.32 m uncovered rear
deck
(Development
Permit
o.85658742001).
You are also advised
that the Uncovered
Rear Deck encroaches
onto the 7.5 m
RESTRICTIVE
COVENANT
Document
No.
092095051. You are
advised to review your
obligations pursuant to
the
Restrictive
Covenant
registered
against the Title of the
Property concerning
the Uncovered Rear
Deck.
cont’d….
9
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-075
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number Description
85658742-001
To construct a Single
Detached House with
attached garage, rear
uncovered deck (1.7
metres by 7.32 metres),
front veranda, fireplace
and
basement
development.
Decision
June 5, 2009 –
Approved
with
conditions and the
following variances:
1. The Development
Officer deems the
Single
Detached
House to be a two
storey structure.
2. The Development
Officer has determined
Grade by a method
other than the ones
described
in
subsection 52.5 (Note:
Grade determined by
calculating the average
of the elevation at the
two front corners of
the site as shown on
the applicant’s grading
plan).
___________________________________________________________________
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.
___________________________________________________________________
10
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-10-075
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
11
Meeting No. 12H/10
Thursday, March 25, 2010
II
ITEM II: 10:15 A.M.
FILE: SDAB-D-10-076
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPELLANT:
Application No.: 92487225-001.
DEVELOPMENT OFFICER’S DECISION DATE: February 16, 2010.
ADDRESS OF APPELLANT: 151 – 163 Avenue, Edmonton, AB, T5Y 3K6.
DATE OF APPEAL: February 26, 2010.
APPLICATION FOR PERMISSION TO: Construct an Accessory Building (7.32
metres by 4.27 metres – Detached
Garage), existing without permits.
ZONE: RF1 Single Detached Residential Zone.
LEGAL DESCRIPTION: Lot 69, Block 2, Plan 0423485.
MUNICIPAL DESCRIPTION: 151 – 163 Avenue NE.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED - The development is refused for the following reason:
Half Storey means a Storey under a gable, hip, or gambrel roof, the
wall plates of which, on at least two opposite walls, are not more
than 0.66 metres above the floor of such Storey.
(Reference Section 35).
Allowable: 0.66 metres
Existing:
1.20 metres
Exceeds By: 0.54 metres
The Development Officer deems the Accessory Building to be a
two Storey Structure.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“The Development Officer rejected the building because she says it is a two storey
garage and over height. I am saying it is a single garage with an open attic space.
There are no doors or windows and no access other than a ladder through the floor.
I built the roof joists. The height of the attic is two feet at the sides and eight feet at
the peak. Over all height is sixteen feet to the peak from the floor.”
___________________________________________________________________
cont’d….
12
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-076
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct an Accessory Building (7.32 metres by 4.27 metres
Detached Garage – existing without permits).
The site is located on the southwest corner of 163 Avenue and 2nd Street NE and is
zoned RF1 Single Detached Residential Zone, Section 110 of the Edmonton Zoning
Bylaw 12800.
NOTE:The submitted plans indicate that the proposed Detached Garage is
4.30 metres by 7.30 metres in size and is located 3.79 metres from
the south side property line and 6.53 metres from the rear lot line.
The proposed Detached Garage is 4.3 metres in height and 2 storeys.
The total height from grade to the ridge of the roof is 5.04 metres.
The submitted plans indicate that the wall plates are 1.2 metres
above the floor of the Storey and therefore the proposed
development is deemed to be a two Storey Structure.
The Development Officer provides the following information:
Site Area:
40 percent Allowable Total Site Coverage:
Proposed Accessory Building:
Existing Principal Dwelling:
Proposed Total Site Coverage:
1015.12 square metres
406.05 square metres
31.39 square metres
232.06 square metres
263.45 square metres
Under Section 110.4(5), the maximum total Site Coverage shall not
exceed 40 percent, with a maximum of 28 percent for a principal
building and a maximum of 12 percent for Accessory Buildings.
Where a Garage is attached to or designed as an integral part of a
Dwelling, the maximum Site Coverage for the principal building
shall be 40 percent.
Under Section 50.3(2), an Accessory Building or Structure shall not
exceed 4.3 metres nor one Storey in Height. The proposed Height of
the Detached Garage is 4.3 metres and two storeys and exceeds the
allowable number of storeys by one storey.
cont’d….
13
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-076
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Section 6.1(36) states Height means, when used with reference to a building
or structure, the vertical distance between the horizontal plane through grade
and a horizontal plane through:
a.
the highest point of the roof in the case of a building with a flat roof
or a roof having a slope of less than 20 degrees; and
b.
The average level between eaves and ridges in the case of a pitched,
gambrel, mansard or hipped roof, or a roof having a slope of more
than 20 degrees; provided that in such cases the ridge line of the roof
shall not extend more than 1.5 metres above the maximum permitted
building Height of the Zone or in the case of a Garage Suite the
maximum permitted building Height in accordance with Section 87
of this Bylaw.
Section 6.1(74) states Storey means that portion of a building, which is
situated between the top of any floor and the top of the floor next above it. If
there is no floor above, the Storey is the portion of the building, which is
situated between the top of any floor and the ceiling above it. If the top of
the floor directly above a Basement is more than 1.83 metres above grade,
such Basement shall be considered a Storey for the purpose of this Bylaw.
Section 6.1(35) indicates Half Storey means a Storey under a gable, hip, or
gambrel roof, the wall plates of which, on at least two opposite walls, are
not more than 0.66 metres above the floor of such Storey.
The following permit applications are listed in the Planning and
Development Department POSSE System:
Application Number
94458072-001
Description
To construct an addition
to a Single Detached
House (6.02 metres by
4.60 metres rear covered
deck) – existing without
permits
cont’d….
Decision
March 1, 2010 –
Approved
with
conditions.
14
Meeting No. 12H/10
Thursday, March 25, 2010
FILE: SDAB-D-10-076
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number
52437261-001
52437261-001
Description
Decision
To Leave as Built a December 13, 2005
Single Detached House – Approved with
conditions and a
variance.
Section
110.4(8)(c) relaxed
the
minimum
flanking Side Yard
from 4.5 metres to
4.40 metres.
Compliance Certificate
December 5, 2005 Your Real Property
Report,
dated
November 29, 2005
shows a Single
Detached
House
and
Attached
Garage that does
NOT comply with
the RF1 (Single
Detached
Residential ) Zone
development
regulations.
The
building
should
have:
-On a corner site
where the building
fronts on a flanking
public
roadway
other than a lane,
the minimum side
yard abutting the
Meeting No. 12H/10
cont’d….
Thursday, March 25, 2010
15
FILE: SDAB-D-10-076
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Application Number
52437261-001
Continued
Description
Decision
flanking
public
roadway shall be
4.5
metres.
(Reference Section
110.4(8)(d)).
You may want to
obtain
a
development
regulation variance.
To apply for the
variance you must
submit two copies
of the Real Property
Report with the
appropriate fees as
outlined in the
enclosed
information sheet.
Any approval or
refusal is subject to
the right of appeal
to the Subdivision
and Development
Appeal Board.
43254908-001
To construct a Single December 7, 2004 –
Detached House with Approved
with
attached garage, veranda conditions
and fireplace.
___________________________________________________________________
Meeting No. 12H/10
cont’d….
Thursday, March 25, 2010
16
FILE: SDAB-D-10-076
10:15 A.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.
___________________________________________________________________
17
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-10-076
N
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
18
Meeting No. 12/10
Thursday, March 25, 2010
BUSINESS LAID OVER
----------------------------------------------------------------------------------------------------------------------SDAB-D-0-065
An appeal by Summerside Medical Clinic to change the Use from a General
Retail Tore to a Health Service and to add a second floor and to construct
interior and exterior alterations (Summerside Medical Clinic)
April 1, 2010
----------------------------------------------------------------------------------------------------------------------SDAB-D-10-015
An appeal by Tanya Stein to construct an Accessory Building (6.16 metres
by 6.17 metres – Detached Garage), existing without permits.
May 6, 2010
----------------------------------------------------------------------------------------------------------------------SDAB-D-10-012
An appeal by Maple Isle Homes Ltd. to construct an Accessory Building
(Detached Garage – 6.77 metres by 6.78 metres), existing without permits.
June 24, 2010
----------------------------------------------------------------------------------------------------------------------SDAB-D-10-013
An appeal by Maple Isle Homes Ltd. to construct a two tier uncovered deck
(3.47 metres by 2.54 metres at 1.10 metres high, 3.77 metres by 3.97 metres
at 0.8 metres high), existing without permits.
June 24, 2010
----------------------------------------------------------------------------------------------------------------------SDAB-S-09-005
An appeal by Mammoet 13320 – 31 Street NE Limited to create two lots
approximately 18.5 hectares in size.
September 2, 2010
-----------------------------------------------------------------------------------------------------------------------