SUBDIVISION
AND
DEVELOPMENT APPEAL BOARD
AGENDA
Meeting No. 48HR3/11
Wednesday, 9:00 A.M.
November 30, 2011
Hearing Room No. 3
Main Floor, Churchill Building
2
Meeting No.: 48HR3/11
Wednesday, November 30, 2011
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HEARING ROOM NO. 3
----------------------------------------------------------------------------------------------------------------------9:00 A.M.
SDAB-D-11-273
Construct an addition to
I
113376062-004
an Accessory Building
(Shed – 5.00 metres by
1.65 metres at 2.20
metres in Height).
14772 – 140 Street NW
---------------------------------------------------------------------------------------------------------------------BREAK: 10:15 A.M. TO 10:30 A.M.
----------------------------------------------------------------------------------------------------------------------10:30 A.M.
SDAB-D-11-274
Construct an addition to a
II
114057154-001
legal non-conforming
General Industrial Use
building (sign
manufacturing with
Accessory office).
12116, 12108 and 12102
– 66 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. 48HR3/11
Wednesday, November 30, 2011
I
ITEM I: 9:00 A.M.
FILE: SDAB-D-11-273
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPELLANT:
Application No.: 113376062-004.
DEVELOPMENT OFFICER’S DECISION DATE: October 25, 2011.
ADDRESS OF APPELLANT: 14772 – 140 Street NW, Edmonton, AB, T6V 0A4.
DATE OF APPEAL: November 4, 2011.
APPLICATION FOR PERMISSION TO: Construct an addition to an Accessory
Building (Shed – 5.00 metres by 1.65
metres at 2.20 metres in Height).
ZONE: RPL Planned Lot Residential Zone.
LEGAL DESCRIPTION: Lot 20, Block 43, Plan 0620695.
MUNICIPAL DESCRIPTION: 14772 – 140 Street NW.
___________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“REFUSED - The proposed development is refused for the following reasons:
An Accessory Building or Structure shall be located not less than 0.9
metres (3.0 feet) from the Side Lot Line. (Reference Section
50.3(4)(b)).
Proposed:
0.17 metres
Deficient by: 0.73 metres
57.2 General Performance Standards for Non-industrial
Developments
1. In all non-industrial developments, the design and use of exterior
finishing materials shall be to the satisfaction of the Development
Officer who shall ensure, as far as reasonably practicable, that
materials shall be used that ensure that the standard of the proposed
buildings and structures shall be similar to, or better than, the
standard of surrounding development.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“My name is Naeem Abu-Awad. I live in the house at 14772 - 140 Street and I’m
writing to you to appeal a decision that was made by the City of Edmonton
cont’d...
4
Meeting No. 48HR3/11
Wednesday, November 30, 2011
FILE: SDAB-D-11-273
9:00 A.M.
APPELLANT’S SUBMISSION (CONTINUED):
Sustainable Development Department on Oct. 25, 2011 to refuse a Development
Permit for my shed.
I have a big family with a small lot with a total space of 300 square metres. I built
my shed to keep all of the seasonal items, tools and personal items like children’s
bicycles in it, because I don’t have space in my garage to fit all of these things. It
wasn’t my intention to build a shed without a work permit. However, when I
checked the City of Edmonton website, I didn’t find that I had to leave a specific
space between my landline (property line) and garage. I tried hard to find any
alternative place to build a shed, but unfortunately the space between my backyard
deck and garage is too small. I can’t build an object between them because it’s not
safe for my children and other people’s children who come to my house for the day
home.
I have got a non objection letter from my close neighbour for building a shed in my
backyard and I’ve also purchased all the material and equipment (45 min. FFR, Non
combustible cladding) to keep my shed safe and to meet the City of Edmonton
requirements (refer to page 2 of the submission).
I would ask for your indulgence to allow me to keep the shed. I can upgrade
whatever is required to make it acceptable.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct an addition to an Accessory Building (Shed - 5.00
metres by 1.65 metres at 2.20 metres in Height).
The site is located on the west side of 140 Street and south of 148 Avenue and is
zoned RPL Planned Lot Residential Zone, Section 130 of the Edmonton Zoning
Bylaw 12800. The site is within the Palisades Area Structure Plan, under Bylaw
7464 (as amended), approved by City Council on April 24, 1984 and within the
Cumberland Neighbourhood Structure Plan, under Bylaw 7563 (as amended),
approved by City Council on June 19, 1984.
cont’d….
5
Meeting No. 48HR3/11
Wednesday, November 30, 2011
FILE: SDAB-D-11-273
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
NOTE: The submitted plans indicate that the subject site is 9.12 metres by 33.50
metres in size. The proposed Accessory Building (Shed) is 1.65 metres by
5.00 metres and is attached to the north elevation of the existing detached
Garage. The proposed Shed is located 0.17 metres from the (north) Side Lot
Line. The Height of the proposed Shed is 2.20 metres.
Section 50.3(4)(b) states an Accessory Building or Structure shall be located
not less than 0.9 metres from the Side Lot Line, except where it is a mutual
Garage erected on the common property line to the satisfaction of the
Development Officer, or where a Garage is placed on the common property
line in accordance with the provisions of the RPL Zone, or where the
Accessory Building does not exceed the permitted fence height or in the
case of Garage Suites, where the minimum Side Setback shall be in
accordance with Section 87. The proposed Shed is located 0.17 metres from
the (north) Side Lot Line, which is deficient in the minimum distance
between an Accessory building and the Side Lot Line by 0.73 metres.
Section 57.2(1) states in all non-industrial developments, the design and use
of exterior finishing materials shall be to the satisfaction of the Development
Officer who shall ensure, as far as reasonably practicable, that materials
shall be used that ensure that the standard of the proposed buildings and
structures shall be similar to, or better than, the standard of surrounding
development.
It is the opinion of the Development Officer, that the proposed Shed
does not meet this requirement.
Submitted with the Appellant’s original Appeal is a letter of support from
the adjacent property owner to the north, located at 14776 – 140 Street.
The submitted plans provide the following information:
Site Area:
305.50 square metres
17 percent Allowable Site Coverage:
35 percent Allowable Site Coverage:
47 percent Allowable Site Coverage:
51.94 square metres
106.93 square metres
143.59 square metres
cont’d….
6
Meeting No. 48HR3/11
Wednesday, November 30, 2011
FILE: SDAB-D-11-273
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Existing Detached Garage:
Proposed Accessory Building (Shed):
Proposed Total Accessory Buildings:
Existing Principal Building:
Total Site Coverage:
37.20 square metres
8.25 square metres
45.45 square metres
72.80 square metres
118.25 square metres
Section 130.4(8) states the maximum total Site Coverage shall not exceed
47 percent with a maximum of 35 percent for a principal building, and a
maximum Site Coverage of 17 percent for Accessory buildings.
Under Section 6.1(2), Accessory means, when used to describe a Use or
building, a Use or building naturally or normally incidental, subordinate,
and exclusively devoted to the principal Use or building, and located on the
same lot or Site.
Under Section 6.1(39), Garage means an Accessory building, or part of a
principal building designed and used primarily for the storage of motor
vehicles and includes a carport.
Under Section 6.1(85), Side Lot Line means the property line of a lot other
than a Front Lot Line or Rear Lot Line.
Under Section 6.1(89), Site Coverage means the total horizontal area of all
buildings or structures on a Site which are located at or higher than
1.0 metres above grade, including Accessory Buildings or Structures,
calculated by perpendicular projection onto a horizontal plane from one
point located at an infinite distance above all buildings and structures on the
Site. This definition shall not include:
a. steps, eaves, cornices, and similar projections;
b. driveways, aisles and parking lots unless they are part of a Parking
Garage which extends 1.0 metres or more above grade; or
c. unenclosed inner and outer courts, terraces and patios where these are
less than 1.0 metres above grade.
cont’d….
7
Meeting No. 48HR3/11
Wednesday, November 30, 2011
FILE: SDAB-D-11-273
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Section 130.1 states the purpose of this Zone is to provide for small lot
Single Detached Housing that provides the opportunity for the more
efficient utilization of suburban areas, while maintaining the privacy and
independence afforded by Single Detached Housing forms; and also, a Zone
that provides greater flexibility for infill development and the opportunity
for Secondary Suites.
The following permit applications are listed in the Sustainable Development
Department POSSE system:
Application
Number
113376062-003
Description
Decision
Violation Notice
September 1, 2011;
An inspection of the above noted
property by this Department
revealed that a Fence in excess of
1.85 metres has been constructed
for which, according to our
records, no development permit
has been issued.
65163909-005
You must obtain a development
permit for the Fence or dismantle
the structure and remove it from
the site.
To construct an Accessory March 18, 2008; Approved with
Building (6.096 metres X conditions:
6.096 metres Detached An accessory building or structure
Garage).
shall not exceed 3.7 metres nor
one storey in height. (Reference
Section 6.1(33) and 50.3(2).)
Eave projections shall not exceed
0.46 metres into required yards or
Separations spaces less than 1.2
metres. (Reference Section
44.1(a))
8
65163909-005
(Continued)
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).
70538967-001
Compliance Certificate
August 20, 2007; Stamped.
65163909-001
To construct a single February 21, 2007; Approved with
detached house with a conditions.
veranda and fireplace.
___________________________________________________________________
NOTICE TO APPLICANT/APPELLANT
Provincial legislation requires that the Subdivision and Development Appeal Board
issue its official decision in writing within fifteen days of the conclusion of the
hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s
decision shall be made at the conclusion of the hearing of an appeal, but the verbal
decision is not final nor binding on the Board until the decision has been given in
writing in accordance with the Municipal Government Act.
___________________________________________________________________
9
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-11-273
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
10
Meeting No. 48HR3/11
Wednesday, November 30, 2011
II
ITEM II: 10:30 A.M.
FILE: SDAB-D-11-274
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPELLANT:
Application No.: 114057154-001.
DEVELOPMENT OFFICER’S DECISION DATE: October 26, 2011.
ADDRESS OF APPELLANT: 12108 – 66 Street NW, Edmonton, AB, T5B 1J8.
DATE OF APPEAL: November 7, 2011.
APPLICATION FOR PERMISSION TO: Construct an addition to a legal nonconforming General Industrial Use
building (sign manufacturing with
Accessory office).
ZONE: CB1 Low Intensity Business Zone.
LEGAL DESCRIPTION: Lots 27, 28, 29 and 30, Block 13, Plan 1307P.
MUNICIPAL DESCRIPTION: 12116, 12108 and 12102 – 66 Street.
___________________________________________________________________
11
Meeting No. 48/11
Thursday, November 30, 2011
BUSINESS LAID OVER
----------------------------------------------------------------------------------------------------------------------SDAB-D-11-260
An appeal by
to construct a Semi-detached House
with attached Garages, front verandas, fireplaces and balconies
December 14, 2011
----------------------------------------------------------------------------------------------------------------------SDAB-D-11-261
An appeal by
to construct a Stacked Row House
January 12, 2012
----------------------------------------------------------------------------------------------------------------------SDAB-D-11-264
An appeal by
to construct a Freestanding Onpremises Sign with 3.09 metres by 3.13 metres Animation panel (Wing’s
Sports Bar & Grill, Donair Express, Noor Aesthetics)
December 14, 2011
----------------------------------------------------------------------------------------------------------------------SDAB-D-11-274
An appeal by
to construct an addition to a legal nonconforming General Industrial Use building (sign manufacturing with
Accessory Office).
January 5, 2012
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