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Home My WebLink About2020-08-06 Municipal Planning Commission (Regular) MinutesP-52/20 COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING August 6, 2020 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, August 6, 2020 commencing at 10:03 a.m. The Chief Administrative Officer, being the Designated Officer for the County of Newell, attended at the County Council Chambers to allow members of the public to watch the livestream meeting proceedings. There were two members of the public physically in attendance. MEMBERS PRESENT: M. Douglass, Reeve C. Amulung, Councillor, M.P.C. Chair T. Fyfe, Councillor, Vice M.P.C. Chair A.M. Philipsen, Councillor H. Kallen, Councillor W. Hammergren, Councillor K. Christman, Councillor E. Unruh, Councillor B. de Jong, Councillor L. Juss, Councillor ABSENT: STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services M. Jackson, Supervisor of Planning & Development S. Simpson, Development Clerk P. Elliott, Administrative Assistant, Planning & Development T. Green, Moderator OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: B. Sturch, Applicant DP 2020034 N. Sturch, Applicant DP 2020034 1. CALL TO ORDER The Chairman called the meeting to order at 10:03 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES 3.1 July 23, 2020 Meeting Minutes MOVED BY COUNCILLOR LIONEL JUSS that the minutes of the July 23, 2020 Municipal Planning Commission meeting be adopted as presented. No MOTION CARRIED Municipal Planning Commission August 6, 2020 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-53/20 MOVED BY COUNCILLOR HUBY KALLEN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT The Development Clerk was available to respond to questions from MPC. This item was accepted as information. 7. DEVELOPMENT PERMITS 7.1 DP 2020013 - SW 23-21-14 W4M, Approval of an existing shop with a second dwelling for residential use The Development Clerk provided background information on the proposed permit application. Councillor E. Unruh asked that since the buildings are existing, what waste disposal system had been used prior to the current holding tank? The Development Clerk explained that this is a new build and has been serviced by a holding tank since being constructed. Councillor K. Christman asked why a development permit had not been issued prior to construction? The Development Clerk responded that she is unsure of why the applicants didn't apply for permits and mentioned that an addition and garage had also been built which are being permitted as well. Councillor K. Christman asked if permitting existing developments is a common practice in other municipalities or do other municipalities have deterrents. The Supervisor of Planning & Development indicated that other municipalities issue fines for development that happen without first applying for a permit. The Supervisor of Planning & Development commented that the County currently charges double the development permit fee as per the Schedule of Fees Bylaw, but MPC can look at making changes when next updating the Land Use Bylaw (LUB). There was further discussion regarding second and third dwellings as well as compliance on existing structures that do not have development permits. P-54/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN That the Municipal Planning Commission APPROVE Development Permit 2020013 for the existing 3500 ft2 (325 m2) shop with 2nd dwelling on the site, on lands legally described as SW 23-21-14 W4M. This development approval is subject to the conditions outlined below. DP 2020013 is Approved for the following reasons: 1. The proposed development complies with the Municipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Agricultural District (Schedule 2) and Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Page 2 of 6 Municipal Planning Commission August 6, 2020 Conditions of Development Approval: a) This approval is effective as of August 27, 2020 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted April 8, 2020. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. c) Any additional development shall require prior approval of a separate permit application. d) That there is a 10 ft (3 m) separation distance between the new dwelling and any other buildings or structures on the site. e) That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Side (north and south): 25 ft (7.6 m) Rear (east): 25 ft (7.6 m) The proposed development must comply with: a) The provisions pertaining to the Agriculture District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-17. b) All Federal, Provincial and Municipal statutes, regulations, codes, and standards. c) All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED 7.2 DP 2020032 - SW 8-22-12 W4M, Approval of an existing moved in building to be used as a shelter and a gazebo for residential use. The Development Clerk provided background information on the proposed permit application. Councillor E. Unruh asked if this building would be considered an agricultural building. The Development Clerk indicated that an agricultural building is for the use of livestock and machinery and the use of this shelter is for humans. Councillor T. Fyfe asked how this building was brought to the attention of Staff. The Development Clerk explained that the County Assessor noticed the new building while working in the field. P-56/20 MOVED BY COUNCILLOR KELLY CHRISTMAN That the Municipal Planning Commission APPROVE Development Permit 2020032 for the approval of an existing 192 ft2 (18 m2) moved in building, with attached 96 ft2 (9 m2) screened in deck and a 192 ft2 (18 m2) gazebo for residential use on lands legally described as SW 8-22-12 W4M. This development approval is subject to the conditions outlined below. DP 2020032 is Approved for the following reasons: 1. The proposed development complies with the Municipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Agricultural District (Schedule 2) and Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development Approval: a) This approval is effective as of August 27, 2020 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted June 26, 2020. c) Any additional development shall require prior approval of a separate permit application. Page 3 of 6 Municipal Planning Commission August 6, 2020 d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) That the following setbacks on all sides are maintained for this development: Front (west): 100 ft (30 m) Side (north): 100 ft (30 m) Side (south): 25 ft (7.6 m) Rear (east): 25 ft (7.6 m) The proposed development must comply with: a) The provisions pertaining to the Agriculture District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-17. b) All Federal, Provincial and Municipal statutes, regulations, codes, and standards. c) All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED 7.3 DP 2020034 - NW 19-20-13 W4M, Approval of an existing dugout with a variance to the setback for agriculture use The Development Clerk provided background information on the proposed permit application. There were no questions. P-56/20 MOVED BY COUNCILLOR LIONEL JUSS That the Municipal Planning Commission APPROVE Development Permit 2020034, for the approval of an existing 5000 ft2 (465 m2) dugout with a variance to the setback to the road right of way on the site, on lands legally described as NW 19- 20-13 W4M. This development approval is subject to the conditions outlined below. DP 2020034 is Approved for the following reasons: 1. The proposed development complies with the Municipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Agricultural District (Schedule 2) and Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development Approval: a) This approval is effective as of August 27, 2020 (21-day appeal period). b) The development must be located as shown on the site plan approved with the application and submitted June 27, 2020. c) That a caveat be registered on the title stating that if the dugout affects the road that the landowner is responsible for repairs on the road and the dugout. d) Any additional development shall require prior approval of a separate permit application. e) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. f) That the following setbacks on all sides are maintained for this development: Front (north): 75 ft (23 m); variance from 100 ft (30 m) Side (west): 75 ft (23 m); variance from 100 ft (30 m) The proposed development must comply with: a) The provisions pertaining to the Agriculture District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-17. Page 4 of 6 Municipal Planning Commission August 6, 2020 b) All Federal, Provincial and Municipal statutes, regulations, codes, and standards. c) All Alberta Building Codes and Safety Codes, where applicable. MOTION CARRIED 7.4 DP 2020040 - Lot 2, Block 1, Plan 9211683, SE 6-19-14 W4M, Construction of a covered front step (landing) with a variance to the setback and a deck The Development Clerk provided background information on the proposed permit application. There were no questions. P-67/20 MOVED BY REEVE MOLLY DOUGLASS That the Municipal Planning Commission APPROVE Development Permit 2020040, for the construction of a 48 ft2 (4.5 m2) covered front step with a variance to the front yard setback and an attached 288 ft2 (27 m2) deck, on lands legally described as Lot 2, Block 1, Plan 9211683, SE 6-19-14 W4M. This development approval is subject to the conditions outlined below. DP 2020040 is Approved for the following reasons: 1. The proposed development complies with the Municipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Acreage Residential District (Schedule 2) and Standards of Development (Schedule 4) as specified in the County of Newell Land Use Bylaw 1892-17. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development Approval: a) This approval is effective as of August 27, 2020 (21-day appeal period) The development must be located as shown on the site plan approved with the application and submitted July 7, 2020. It must be built according to the description provided with this approval. Any changes shall require the written approval of the Development Authority. b) Any additional development shall require prior approval of a separate permit application. c) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. d) That the following setbacks are maintained for this development: Front (south): 19 ft (5.8 m); variance from 25 ft (7.6 m) Side (east and west): 5 ft (1.5 m) Rear (north): 25 ft (7.6m) e) That the developer must start construction before August 27, 2021. In the event that this date cannot be met, the developer must apply for an extension and may be required to apply for a new permit. The proposed development must comply with: a) The provisions pertaining to the Acreage Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw 1892-17. b) All Federal, Provincial and Municipal statutes, regulations, codes, and standards. c) All Alberta Building Codes and Safety Codes, where applicable. LEFT THE MEETING B. & N. Sturch left at 10:20 a.m. MOTION CARRIED No Page 5 of 6 Municipal Planning Commission August 6, 2020 8. POST AGENDA ITEMS There were no post agenda items. 9. IN CAMERA There were no in camera items. 10. QUESTION PERIOD Councillor B. de Jong expressed concern regarding the number of development permits that are being applied for after the work has been completed and would like to know if there is a process in place to work with the public and what could be done to mitigate the issue. Councillor B. de Jong commented if Planning and Development could institute timelines as well as confirming that the planning department has been charging double the permit fee for all permits that have been applied for after the work has been completed. He suggested that more education be done to ensure that permits are being issued prior to the work being done. 11. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:22 a.m. Signed by the Chairman and Director of Corporate Services this /C Day of o S E F-1-- Z 6Le 2020. Page 6 of 6 XU4�7 Chairman /0--� 4w�— Director of Corpor to rvices