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HomeMy WebLinkAbout1998-08-18 Municipal Planning Commission (Regular) Minutes'" County of Newell No. 4 Minutes of Municipal Planning Commission Meeting August 18, 1998 The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held in the County Office at Brooks, AB on Tuesday, August 18, 1998 commencing at 10:00 a.m. Members Present Chairman Councillors Representatives ,r- Planner Assistant Administrator Recording Secretary 1. Excused from Meetin,~ No members asked to be excused from this meeting. 2. Minutes V. Fabian C. Baksa B. Scheuexman(10:08 am) A. Zagorsky J. Doerksen G. Shaw A. Martens P. Hoffinan Minutes of the July 28, 1998 meeting were presented to the Commission. Moved by Councillor Baksa that we adopt these minutes as circulated. Carried. 3. Call for Post Agenda Items The Chairman called for post agenda items. 4. Adoption of A eg nda Moved by A. Zagorsky that the agenda be adopted as amended. Carried. .-- August 18, 1998 Page 66 5 Business from Minutes 12-1 Street Signs for Subdivisions This item will be brought back to the next meeting. 13-1 Lake Newell Development The County Planner presented a report on the Lake Newell Peninsula. Arrived at Meeting Councillor Scheuerman arrived at the meeting at 10:08 a.m. 13-1 Lake Newell Development (cont'd) The report on the Lake Newell Peninsula will be brought to the next meeting for review and discussion. 6. Permits 1. Development Permit Application #1863 -Plan 9411176, Unit #67 ^risbrook Scott Variance of Rear Yard Setback Requirements Moved by Councillor Baksa that we grant a 1.05 m (3.44 ft) variance to permit a deck to encroach 2.55 m onto the minimum rear yard setback requirement of 7.5 m as described in the RRl -Resort Residential District for the subject property legally described as Plan 9411176, Unit #67. Carried. 7. Subdivisions 1. 98 NL 15 - Ptn. SE 1-18-13-W4M Van Wert Ronald -Agricultural Moved by Councillor Baksa that we recommend to Council approval of this subdivision subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements; subject to the registration of a caveat for the dedication of 5-metres along the southerly boundary August 18, 1998 Page 67 ~'` of the proposed and remnant parcel for future road widening to be purchased at a rate that is consistent with County policy at that time; subject to the applicant entering into an agreement with the County of Newell for the installation or removal of any required accesses for the proposed and remnant parcels; subject to the applicant paying all outstanding taxes prior to endorsement of the subdivision plan by the County; and that we waive Section 44 of Land Use Bylaw #1004-90, being the requirement to locate buildings and structures no closer than 40 m to the centre line of a County road. Carried. This subdivision is considered an agricultural subdivision and, therefore, the size requirements for an agricultural residence do not apply. Moved by Councillor Baksa that we recommend to Council the removal of all lot size restrictions in the Agricultural District. Carried. Permits (cont'd) 2. Development Permit Application #1864 -Plan 7910698, Block 1, Lot 5 ~ Rabbv. Richard & Elizabeth -Moved-In Building (Double Garagel Richard Rabby was in attendance to present information on this application. Moved by J. Doerksen that we approve this permit subject to the following conditions: 1. That this use be classified as a "Moved-in Building", being a discretionary use within the CR -Country Residential District. 2. That this use shall comply with all Federal, Provincial, Municipal statutes, regulations, codes and standards. 3. That this use shall comply with the provisions of Section 51 of Land Use Bylaw # 1004-90 pertaining to the Country Residential District. 4. That the development shall be located as shown on the site plan submitted July 22, 1998. Any changes to that plan shall require the written approval of the Development Officer. 5. That this permit shall only be for the relocation of the moved-in building. Any additional development shall require a separate development permit application and approval. The proposed moved-in building shall only be used as a double car garage. August 18, 1998 Page 68 6. That this use shall comply with the Alberta Building Code, where applicable. ~' 7. That the developer shall be responsible for obtaining all required permits (i.e. building, electrical, plumbing, heating and ventilation) from an accredited inspection agency. 8. That the developer shall ensure that the proposed development complies with the following minimum setback requirements: Front Side Flankage Rear *7.5m 3m *7.5m 7.5m * Minimum yard distance from subdivision streets or service roads. 9. That the developer shall ensure that the property is maintained to the satisfaction of the Development Officer. 10. That the developer shall ensure that construction materials, supplies and equipment are stored on the property. 11. That the developer shall ensure the continuous clean-up of construction debris tracked onto the public roadway where access is provided to the property. ~' 12. That the moved-in building shall be refinished to the satisfaction of the Development Officer and that all work shall be completed by November 30, 1998, unless weather conditions prohibit completion by this date. 13. That the applicant provide to the Development Officer an Irrevocable Letter of Credit in the amount of $2,500.00 (two thousand, five hundred dollars and no cents) prior to relocating the building to Plan 7910698, Block 1, Lot 5. 14. That the applicant shall ensure that the moved-in building conforms to the following: • Is located at least 1.5 m from the principle building. • Does not exceed 4 m in height. • Does not have walls that exceed 3 m in height. • Does not exceed 100 m2 in area. • Is not used for living purposes or for the conduction of a home occupation. Carried. August 18, 1998 Page 69 i- 8. Home Occupation Permits 1. Permit #85 - SW 28-19-15-W4M Ingram. Heather L -Mobile Hair ervice (Office/Telephon~ Heather Ingram was in attendance to present information on this application. Moved by Councillor Baksa that we approve this permit subject to the conditions as follows: 1. That this use is classified as a home occupation, being a discretionary use within the A- Agricultural District. 2. That this use shall comply with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. That this use shall not affect the residential use of the property or adjacent properties and area. 9. August 18, 1998 4. That the total number of off-site employees, not including the occupants of the residence, involved with the said occupation shall not exceed two. 5. That there shall be no outside storage of goods or materials, except as noted in these conditions. 6. That there shall be no noise, vibration, smoke, dust or odours created from this home occupation which may affect adjacent land owners or development. 7. That this home occupation permit shall be valid for a time period until December 31, 1999. Renewal of this permit shall be subject to the applicant's performance during that time period. 8. That this home occupation is only for anoffice/telephone service for appointments. Hair cutting services shall occur at the client's residence and not at the residence at SW 28-19-13-W4M. Carried. Land Use Change 1. Ptn. NW 34-19-14-W4M -Plan 8910709, Block 2 Bradford. Jeff & Robert -Agricultural to Country Residential Moved by J. Doerksen that we recommend to Council the approval of this Land Use Change from Agricultural to Country Residential and that it take effect upon the approval and registration of the subdivision plan. Carried. Page 70 10 Devel moment Report The Development Report for July 22, 1998 to August 11, 1998 was presented to the Commission. Moved by Councillor Baksa that we approve this report. Carried. 11 Correspondence 1. University ofAlberta -Municipal Regulation of Intensive Livestock Operations Information from the University of Alberta on a Municipal Regulation of Intensive Livestock Operations Course to be held on September 24, 1998 was presented to the Commission. 12. Other Business 1. M°Colman -Martin -Draft Concept Plan '?I The Draft Concept Plan for the M~Colman -Martin Subdivision was presented to the Committee for discussion. 2. Land Use Bylaw Amendment - Deletion of Waste Disposal Site From Discretionary Uses in the A._gricultural District With the creation of the Public -Waste Transfer Site District and the Public -Solid Waste Management District, the Waste Disposal Site in the Agricultural District has already been eliminated. Lunch The Commission recessed for lunch from 12:03 p.m. to 1:20 p.m. 3. Land Use Bylaw Amendment - Establishment of Agricultural Intensive Land iJse District The Establishment of an Agricultural Intensive Land Use District was discussed. Two comments included that the Minimum Lot Area section should be deleted and that Country Residence (one per quarter) should be removed from the list of discretionary uses. August 18, 1998 Page 71 13. Post Agenda Items 1. Development Permit Application #1870 -Plan 9512659, Block 4, Lot 13 Nicolson. Raymond & Doroth -Height Variance for Accessory Buildin..g Moved by A. Zagorsky that we grant a .26 m variance to the height of the detached garage as well as approve the development of a residence at Plan 9512678, Block 4, Lot 13, subject to the following conditions: 1. That this use be classified as a "single family dwelling and detached garage", being permitted uses within the CR -Country Residential District. 2. That this use shall comply with all Federal, Provincial, Municipal statutes, regulations, codes and standards. 3. That this use shall comply with the provisions of Section 51 of Land Use Bylaw #1004-90 pertaining to the Country Residential District. 4. That the development shall be located as shown on the site plan submitted August 17, 1998. Any changes to that plan shall require the written approval of the Development Officer. ~- 5. That this permit shall only be for the development of a single family dwelling and detached garage. Any additional development shall require a separate development permit application and approval. 6. That this use shall comply with the Alberta Building Code, where applicable. 7. That the developer shall be responsible for obtaining all required permits (i.e., building, electrical, plumbing, heating and ventilation) from an accredited inspection agency. 8. That the developer shall ensure that the proposed development complies with the following minimum setback requirements as identified in Section 51 of Land Use Bylaw #1004-90 and Bylaw 1128-95 amending the Cassils Road Area Structure Plan: Front Side Flankage Rear *7.5m 1.5m *7.5m 7.5m *Minimum yard distance from subdivision streets or service roads. 9. That the developer shall ensure an adequate supply of water is provided for this use. August 18, 1998 Page 72 10. That the developer shall ensure proper disposal of sewage and waste from this _ ~., use. 11. That the developer shall ensure that the property is maintained to the satisfaction of the Development Officer. 12. That the developer shall ensure that construction materials, supplies, and equipment are stored on the property. 13. That the developer shall ensure the continuous clean-up of construction debris tracked onto the public roadway where access is provided to the property. 14. That the developer shall ensure that the detached garage complies with ,the requirements for accessory buildings as indicated in Section 51.7 of Land Use Bylaw #1004-90, being: The accessory building shall be located at least 1.5 m from the principal building; ~+ The accessory building shall not have walls exceeding 3 m in height; The accessory building shall not exceed 100 m2 in area; The accessory building shall not be used for living purposes; The accessory building shall not be used for the conducting of a business unless provided for in a Home Occupation Permit. w.• 15. That Section 51.7(3) of Land Use Bylaw #1004-90 shall be varied from the height requirement of 4 m to 4.26 m as approved at the August 18, 1998 Municipal Planning Commission meeting. 16. That the developer shall ensure that development does not encroach onto the right-of--way identified within Plan 9512660, Block 4, Lot 13. Carried. 2. Permit #86 -Plan 2280 FJ, Parcel C (NE 13-21-16-W4M) Gibeau Gerard & Tammie -Office & Telephone Moved by Councillor Baksa that we approve this permit subject to the following conditions: 1. That this use is classified as a home occupation, being a discretionary use within the A- Agricultural District. 2. That this use shall comply with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. That this use shall not affect the residential use of the property or adjacent properties and area. August 18, 1998 Page 73 '"' 4. That the total number ofoff--site employees, not including the occupants of the residence, involved with the said occupation shall not exceed two. 5. That there shall be no outside storage of goods or materials, except as noted in these conditions. 6. That there shall be no noise, vibration, smoke, dust or odours created from this home occupation which may affect adjacent land owners or development. 7. That this home occupation permit shall be valid for a time period until December 31, 1999. Renewal of this permit shall be subject to the applicants' performance during that time period. 8. That this home occupation shall be only for an office and phone. No other use shall be permitted. Carried. 3. Permit#87 - SE 30-16-12-W4M M~Kinley-Publicover, Annette -Office & Telephone ~,, Moved by Councillor Scheuennan that we approve this permit subject to the following conditions: 1. That this use is classified as a home occupation, being a discretionary use within the A- Agricultural District. 2. That this use shall comply with all Federal, Provincial and Municipal statutes, regulations, codes and standards. 3. That this use shall not affect the residential use of the property or adjacent properties and area. 4. That the total number ofoff-site employees, not including the occupants of the residence, involved with the said occupation shall not exceed two. 5. That there shall be no outside storage of goods or materials, except as noted in these conditions. 6. That there shall be no noise, vibration, smoke, dust or odours created from this home occupation which may affect adjacent land owners or development. 7. ~ That this home occupation permit shall be valid for a time period until December ~" 31, 1999. Renewal of this permit shall be subject to the applicants' performance during that time period. August 18, 1998 Page 74 8. That this home occupation is only for an office and telephone. ~` 9. That the applicant shall provide a letter of consent from the property owner of SW 28-19-13-W4M to the Development Officer. Carried. 4. Inquiry on Proposed Land Use (Restaurant) ,~ Lepp Wanda - SW 14-21-16-W4M This item was discussed and direction given to the Development Officer. 14. question Period/Notice of Motion A question period was held. 15. Adjourn Moved by J. Doerksen that the meeting adjourn at 2:05 p.m. Carried. ~; CHAIRMAN SECRETARY August 18, 1998 Page 75