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Home My WebLink About2015-03-05 Municipal Planning Commission (Regular) MinutesCounty of Newell MUNICIPAL PLANNING COMMISSION MEETING March 5, 2015 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, March 5, 2015 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Councillor A.M. Philipsen, Councillor, Vice M.P.C. Chair G. Simpson, Councillor & M.P.C. Chair C. Amulung, Councillor W. Hammergren, Councillor K. Christman, Councillor T. Fyfe, Councillor E. Unruh, Councillor ABSENT: B. de Jong, Councillor L. Juss, Councillor STAFF: K. Stephenson, CAO L. Johnson, Director of Corporate Services D. Horvath, Planner - ORRSC A. Wickert, Manager of Planning & Development P. Elliott, Administrative Assistant Planning OTHERSIN ATTENDANCE: 1. CALL TO ORDER S. Stanway, Brooks Bulletin The Chairman called the meeting to order at 10:01 a.m. 2. EXCUSED FROM MEETING P-18/15 MOVED BY COUNCILLOR A.M. PHILIPSEN that Councillors B. de Jong and L. Juss be excused from the meeting. MOTION CARRIED 3. MINUTES 3.1 February 12, 2015 Meeting Minutes P-19/15 MOVED BY COUNCILLOR A.M. PHILIPSEN that the minutes of the February 12, 2015 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-20/15 MOVED BY COUNCILLOR K. CHRISTMAN that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORT a) Permitted Use Report February 1 - 25, 2015 The Manager of Planning & Development provided background information on the permitted use report. There were no questions. P-21/15 MOVED BY COUNCILLOR C. AMULUNG that the Development Report be adopted as presented. MOTION CARRIED 7. SUBDIVISIONS a) 2014-0-012 - LSD's 4 & 5 within SW 14-20-14-W4M, to subdivide a 3.03 acre parcel out of a title and consolidating a 5.43 acre parcel back into the existing title. is The County Planner provided background information on the proposed subdivision application. Councillor G. Simpson inquired if E.I.D. approval would be a condition of subdivision approval. The County Planner responded that for this application, E.l. D approval is not required as a condition of subdivision. The applicant must meet the E.I. D. requirements as a separate matter and prior to the E. 1. D. giving consent to register the subdivision. P-22/15 MOVED BY COUNCILLOR E. UNRUH that the Country Residential subdivision of LSD's 4 & 5 within SW 14-20-14-W4M, to subdivide a 3.03 acre parcel out of a 58.04 acre title be APPROVED subject to the following: 1. That the existing Municipal Reserve caveat (761 1087) be discharged in its entirety. 2. That all outstanding property taxes shall be paid to the County of Newell. 3. That the applicant or owner of both enter into a Development Agreement with the County of Newell which shall be registered concurrently with the final plan against the title(s) being created. 4. That Block B, Plan 7910885 be consolidated with the adjacent parcel legally known as LSD's 4 & 5 within SW 14-20-14-W4M in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED 8. DEVELOPMENT PERMITS a) DP 3933 - Lot 1, Block 2, Plan 031 0989, SE 3-21-15 W4M, Compliance for the existing dwelling, attached decks and detached patio. The Manager of Planning & Development provided background information on the proposed permit. Councillor A.M. Philipsen remarked that there were concerns about the possibility of flooding on the property. Councillor G. Simpson commented that his understanding was the buildings were placed in those locations because there were flooding issues in other areas of the Property P-23/15 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit #3933, for the existing 1532 ft2 (142 m ) modular dwelling with a 809 ft2 (75 m2) attached deck and a 90 ft2 (8 m2) ramp, with a variance to the east and south setback requirements; in addition the approval will apply to the 256 ft2 (23.8 m2) detached deck with a variance to the east and south setback requirements, subject to the conditions outlined below. This permit is being granted only to provide approval for the existing 1532 ft2 (142 m2) modular dwelling with a 809 ft2 (75 m2) attached deck and a 90 ft2 (8 m2) ramp with a 16 ft (4.8 m). In addition, the approval will apply to the 256 ft2 (23.8 m2) detached deck, on lands legally described as Lot 1, Block 2, Plan 0310989, SE 3-21-15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Agricultural District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. Reasons for Approval The Municipal Planning Commission has approved DP #3933 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 #1755-12. 3. No objections have been received from adjacent landowners or referral agencies with Approval: Conditions of Development Approval: Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted January 19, 2015. Any changes to that plan shall require the written approval of the Development Officer. b) That the following setbacks on all sides are maintained for this development: Front (south): 79 ft (24 m) amended approval from Alberta Transportation Side (east): 16 ft (4.8 m) variance from 100 ft (30.5 m) to 84 ft (25.7 m) Rear (north): 90 ft (27 m) c) That the following setbacks are maintained for the detached patio: Side (east): 67 ft (20 m) variance from 100 ft (30 m) to 33 ft (10 m) Front (south): 45 ft (14 m) variance from 100 ft (30 m) to 55 ft (17 m) MOTION CARRIED b) DP 3934 - Lot 1, Block 2, Plan 031 0989, SE 3-21-15 W4M, Compliance for the existing shop and shed. The Manager of Planning & Development provided background information on the proposed permit. Councillor G. Simpson asked how close the buildings were to the road. The Manager of Planning and Development responded that the buildings are 15 m from the road rather than the required 30 m. She added that the buildings were constructed prior to Alberta Transportation taking over the responsibility of Highway 550 in 2000. Councillor W. Hammergren inquired about setbacks prior to the year 2000. The County Planner replied the setbacks would have been 100 m. The Manager of Planning and k1t Development added that because the zoning for the property is Agricultural, permits • would not have been required for the shop or shed. However, because they were built closer to the road than the setbacks allowed, permits should have been taken out. P-24115 MOVED BY COUNCILLOR E. UNRUH that the Municipal Planning Commission APPROVE Development Permit #3934, for the approval of an existing 1538 ft2 (142 m2) shop and a 151 ft2 (14 m2) shed with a variance to the setback between the two structures and a variance to the road setback, subject to the conditions outlined below. This permit is being granted only to provide approval for the existing 1538 ft2 (142 m2) shop and a 151 ft2 (14 m2) shed with a variance to the setback between the two structures and a variance to the road setback, on lands legally described as Lot 1, Block 2, Plan 0310989, SE 3-21-15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Agricultural District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. Reasons for Approval The Municipal Planning Commission has approved DP #3934 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) 13 and Standards of Development (Schedule 3) as specified in the County of Newell Land Use Bylaw #1755-12. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) That this development is located as shown on the site plan approved in this application and submitted January 19, 2015. Any changes to that plan shall require the written approval of the Development Officer. b) That the following setbacks on all sides are maintained for this development: Front (south): 50 ft (15 m) Side (east and west): 100 ft (30 m) c) That the following setbacks are maintained between the shed and shop: 1.6 ft (0.47 m); 8.4 ft (2.5 m) variance from 10 ft (3 m) MOTION CARRIED 9. POST AGENDA ITEMS There were no post agenda items. 10. IN CAMERA There were no in camera items. 11. QUESTION PERIOD Councillor W. Hammergren commented that MPC was receiving a lot of requests to approve variances and feels that too many of these variance request applications are being approved. 12. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10:21 a.m. Signed by the Chairman and Director of Corporate Services this � Day of /"6 i:� AC14 12015. Chai an Yca Director of Corporate Servi