HomeMy WebLinkAbout1999-03-23 Municipal Planning Commission (Regular) Minutes~~
~ County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
March 23, 1999
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The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, March 23, 1999 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors M. Loewen(10:05)
E. Stobbs
Representatives B. Bergen
Planner G. Shaw
Assistant Administrator A. Martens
Recording Secretary P. Hoffman
1. Excused from Meeting
No members asked to be excused from this meeting.
2. Minutes
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Minutes of the February 23rd, 1999 meeting were presented to the Commission. Moved by
Councillor Stobbs 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 Councillor Stobbs that the agenda be adopted as amended. Carried.
5. Business from Minutes
12-1 Street Signs for Subdivisions
The Planner gave an update on Street Signs for Subdivisions.
March 23, 1999 Page 19
Arrived at Meeting
Councillor Loewen arrived at the meeting at 10:05 a.m.
Business from Minutes (cont'd)
14 Land Use Bylaw Enforcement
Moved by Councillor Loewen that the owner of the property located at NE 7-19-14-W4 be
directed to apply for a land use amendment to a land use where his current use can be
accommodated and that the owner then apply for a development permit so that the
development is properly authorized. Carried.
Moved by B. Bergen that the Planner seek a legal opinion with regard to the building located
at Lot 6, Block 2, Plan 8310515. Carried.
9-2 99 NL 04 - N %2 22-19-14-W4 -Division 10
Urban, Henry & Rena -Farmstead Separation
Moved by Councillor Stobbs that we recommend to Council approval of this subdivision
subject to a deferred reserve caveat being registered on the NE of 22-19-14-W4 for municipal
reserve, the amount to be determined by the area to be subdivided; subject to the waiver of --
the requirements under Section 31(1) of the Land Use Bylaw respecting the number of ~1
residences located on the subject property; subject to no structural improvements being
permitted except those required for maintenance; subjectto waiverofthe requirements under
Section 49.6 of the Land Use Bylaw to allow the applicant to subdivide a 4.27 ha parcel as
a farmstead; subjectto the applicant or the owner of NE 22-19-14-W4 being responsible for
the construction of a roadway to provide access, when required, to this quarter section as per
County Policy; subjectto the registration ofa caveat for the dedication of 5 metres along the
northerly boundary of the proposed and remnant parcels for future road widening to be
purchased at a rate that is consistent with County Policy at that time; and subject to the
applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements. Carried.
9-3 99 NL OS - NW 31-21-15-W4 -Division 7
Parker, Leonard -Agricultural Separation
There was no new information with regard to this application.
March 23, 1999 Page 20 `'-~'`
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1. Permit # 1932 -Plan 9410388, Block 1, Lot 1 -Division 7
Sulz, Stewart -Variance to Land Use Bylaw
Stewart Sulz was in attendance to present information on this permit. Moved by Councillor
Loewen that we approve Development Permit Application # 1932 for the construction of a
single family residence at Plan 9410388, Block I, Lot 1 (pt. NW 18-21-15-W4) granting a
variance of 13.23 m (43.39 ft) to Section 44(1 xa) of Land Use Bylaw # 1004-90 to allow the
single family residence to be located 16.77 m (55 ft) from the front property line subject to
the following conditions:
1. That this use be classified as a single family dwelling being a permitted use within the
CR -Country Residential District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with the provisions of Section 5 I of Land Use Bylaw # 1004-
90 pertaining to the CR -Country Residential District.
4. That the development shall be located as shown on the site plan submitted March 4,
1999. Any changes to that plan shall require the written approval of the Development
Officer. Approval is given for the 16.77 m (55 ft) distance from the front property line
to the proposed residence as provided by the decision of the Municipal Planning
Commission on March 23, 1999. A variance of 13.23 m (43.29 ft) is granted for
Section 44(1)(a) of Land Use Bylaw # 1004-90 allowing the residence to be located
,~., 26.83 m (88 ft) from the centre line of the County Road.
5. The developer shall have a registered land surveyor determine the proposed location of
the residence to ensure a minimum distance of 16.77 m (55 ft) from the front property
line is maintained. A copy ofa plot plan shall be provided to the Development Officer
prior to commencement of construction.
6. That this use shall comply with the Alberta Building Code, where applicable.
7. That the developer shall obtain all required permits (i.e. building, electrical, plumbing,
heating, ventilation and gas) from an accredited inspection agency.
8. That the developer shall ensure an adequate supply of water is provided for this use.
9. That the developer shall ensure proper disposal of sewage and waste from this use.
10. That the developer shall consult with the Eastern Irrigation District prior to determining
the type of sewage disposal system to be constructed to minimize the possibility of
contaminating the drainage work under Plan 9410389.
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 tl~e developer shall satisfy the minimum yard requirements of the CR -Country
Residential District as varied by the Municipal Planning Commission at its March 23,
1999 meeting:
6. Development Permits
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March 23, 1999 Page 21
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Front Side Flankage Rear
16.77m* 3m 7.5m 7.5m
* From front property line to foundation of residence.
I5. That this development approval is given only for the construction of a single family
residence within Plan 9410388, Block I, Lot 1. Any other development shall require
a separate application and approval.
Carried.
2. Permit # 1939 -Plan 8011346, Block 1, Lot 3 -Division 5
M°Kav. Jane & Hush (SE 25-18-15-W4~ Variance to Land Use Bvlaw
Moved by B. Bergen that we approve this permit granting a .89 m (2.88 ft) variance to Section
S 1.7(3) of Land Use Bylaw # 1004-90 to permit the building to be constructed to a height of
4.88 m (I 6 ft), granting a 1.27 m (4.16 ft) variance to Section 51.7(4) of Land Use Bylaw
# 1004-90 to permit the walls of the building to be constructed to a height of 4.27 m (14ft)
subject to the following conditions:
1. That this use be classified as an "Accessory Building" being a permitted use within the
CR -Country Residential District as varied by the decision of the Municipal Planning
Commission on March 23`d, 1999
2. That this use shall comply with all Federal, Provincial and 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 March 15`'',
1999. Any changes to that plan shall require the written approval of the Development
Officer.
5. That this use shall comply with the Alberta Building Code, where applicable.
6. That the developer shall obtain all required permits (i.e. building, electrical, plumbing,
heating, ventilation and gas) from an accredited inspection agency.
7. 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.
8. That the proposed development shall be located at least I.5 m from the principal
building.
9. That the developer shall ensure the proposed development does not exceed 4 m in
Height, except as varied by the Municipal Planning Commission at its March 23'x, 1999
meeting. The building shall be permitted to be constructed to a maximum height of4.88
m (16 ft) as requested in development application # 1939. !f an amendment to this
variance is required, the developer shall be responsible for making a written request to
the Municipal Planning Commission for their consideration.
March 23, 1999 Page 22
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10. Tliat the developer shall ensure the proposed development does not have walls
~-- exceeding 3 m in height except as provided in the Municipal Planning Commission's
meeting of March 23`d, 1999. The building shall be permitted to be constructed with
walls that have a height of 4.27 m (14 ft). A variance of 1.27 m (4.16 ft) is granted as
requested in development application #1939. If an amendment to this variance is
requested, the developer shall be responsible for making a written request to the
Municipal Planning Commission for their consideration.
1 I . 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. Tliat this development approval is given only for the construction of an accessory
building as indicated in the application submitted March 15'h, 1999, within Plan
801 1346, Block 1, Lot 3. Any other development shall require a separate application
and approval.
Carried.
7. Home Occupation Permits
1. Permit #96 - NW 1-21-14-W4 -Division 8
Lee, Debra -Dog Kennel
~" Moved by Councillor Stobbs that we approve Home Occupation Permit #96 for a kennel to
be operated from the residence within NW I-21-14-W4 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 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. The additions to the quonset are perm fitted as per the March 14''', 1999 letter
from the applicant to the County.
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 no more than 30 adult dogs shall be permitted in the boarding kennel at one time.
The owner shall be responsible for ensuring that noise is minimized and does not
negatively impact surrounding neighbours.
8. That this Dome occupation permit shall be valid for a time period until March 23`d,
2001. Renewal ofthis permit shall be subject to the applicant's performance during that
time period. This permit may be revoked if the conditions are not complied with.
Carried.
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March 23, 1999 Page 23
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8. Subdivisions
1. 99 NL 07 - Pt. SE 17-20-14-W4 -Division 8
Seitz, Mildred (Jack Adams & Wanda Greenwood) -Farmstead Separation
Moved by Councillor Stobbs that we recommend to Council approval of this subdivision and
waive the requirements of Section 44 of Land Use Bylaw #1004-90 allowing the existing
residence to be located as situated subject to the registration of a caveat for the dedication of
5 metres along the southerly boundary of the remnant parcel for future road widening to be
purchased at a rate that is consistent with County Policy at that time and subject to the
applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as wel I as easements. Carried.
Development Permits (cont'd)
3. Permit #1934 -Plan 1217 B.A., Block 7, Lots 6 & 7 -Division 3
West, Marian & Len -Mobile Home in HSF -Hamlet Single Family Residential
Moved by Counci I for Loewen that we grant development approval to allow for the relocation
of a mobile home and the construction of a garage with attached breezeway within Plan 1217
B.A., Block 7, Lots 6 & 7, subject to the following conditions:
1. That this use be classified as a "Single Wide Mobile Home with an attached breezeway
and garage" being a discretionary use and permitted use within the HSF -Hamlet Single
Family Residential District. Approval for the single wide mobile home is granted by
the Municipal Planning Commission under Sections 9(4) and 56.2 of Land Use Bylaw
# 1004-90.
2. That these uses shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That these uses shall comply with the provisions of Section 56 of Land Use Bylaw
#1004-90 pertaining to the Hamlet Single Family Residential District.
4. That the development shall be sited on Lots 6 and 7, Block 7, Plan 1217 B.A. so that the
following setbacks are maintained to the property lines:
Front Side Flankage Rear
*7.S m I.S m *3 m 3 m
* Minimum yard distance from subdivision streets or service roads.
5. That these uses shall comply with the Alberta Building Code, where applicable.
6. That the developer shall obtain all required permits (i.e. building, electrical, plumbing,
heating, ventilation and gas) from an accredited inspection agency.
7. That the developer shall ensure an adequate supply of water is provided for this use.
8. That the developer shall ensure proper disposal of sewage and waste from this use.
9. That the developer shat l 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.
March 23, 1999
Page 24
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11. That the developer shall ensure the continuous clean-up of construction debris tracked
r-- onto the public roadway where access is provided to the property.
12. That this development permit is issued only for the relocation of a single wide mobile
home and construction of an attached breezeway and garage on Plan 1217 B.A., Block
7, Lots 6 & 7. All other development shall require a separate development permit
application and approval.
13. That the developer shal I be responsible for the modification and relocation of franchise
utilities, if required.
14. That the developer shall be responsible for resurfacing the excavation in front of the
subject property to the satisfaction of the Public Works Department. The developer
shall contact Rod Hansen, Superintendent of Public Works, 362-3504, to determine
County of Newell standards for roadways. This resurfacing shall be done prior to
October 31 S', 1999.
15. That the developer shall be responsible for facing the garage and breezeway with
similar siding as that on the single wide mobile home. If similar siding can not be
obtained, the developer shal I provide to the Development Officer alternatives for siding
the garage and breezeway.
16. That the developer shall provide a minimum of one parking space on the property
surfaced to the satisfaction of the Development Officer.
17. That the developer shall enter into a Road Approach Agreement for the installation of
an approach from the developed roadway. This agreement shall be completed prior to
construction commencing on the property.
18. That the mobile home relocated to Plan 1217 B.A., Block 7, Lots 6 & 7, shall be the one
identified in photos attached to and forming part of Development Permit Application
,~.,, # 1934. No substitution shall be permitted without the written approval ofthe Municipal
Planning Commission.
19. That this development permit is issued subject to the comments received from the
Hamlet Advisory Committee.
Carr ied.
Subdivisions (cont'd)
2. 99 NL 08 - Pt. NW 33-19-14-W4 -Division 10
Simpson, Ed & Terri (Plan 8910771, Block 1, Lot 1) Residential Subdivision
Moved by B. Bergen that we recommend to Council approval of this subdivision subject to
the applicant entering into an agreement with the County ofNewell for the installation of any
required accesses for the proposed and remnant parcels; subject to the applicant meeting all
requirements ofthe Eastern Irrigation District with respect to the conveyance ofwater as well
as easements; subject to existing easements, as may be required by the Eastern Irrigation
District, under Plan 897077 t be carried forward when a new plan is registered at Land Titles;
and subject to the applicant being responsible for the cost associated with the modification or
relocation of any franchise utility facilities that service the proposed parcel as necessary.
Carried.
March 23, 1999 Page 25
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It was noted that the Commission members felt that this subdivision would look as though
it was part of the original subdivision and result in frontages similar to those in the remainder
of the subdivision.
9. Development Report
The Development Report for February 17'h, 1999 to March 16''', 1999 was presented to the
Commission. Moved by Councillor Stobbs that we approve this report. Carried.
10. Correspondence
There were no correspondence items.
1 I . Other Business
1. Preliminary Draft of Outline Plan Dial2ram
The Planner presented a preliminary draft ofthe outline plan diagram as discussed at the MPC
Planning Meeting. Policies are to be established for each area.
12. Post Agenda Items
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1. Permit #97 - SW 5-15-13-W4 -Division 1
Goodheart, Francine -Floral Arran ements
Moved by B. Bergen that we approve Home Occupation Permit #97 for the making and
selling of floral arrangements to be operated from the residence within SW 5-15-13-W4
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 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.
March 23, 1999
Page 26
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7. That this home occupation is only for the manufacture and sale of floral arrangements,
including fresh, dried and silk arrangements. No other home occupation is permitted
under this approval.
8. That this home occupation permit shall be valid for a time period until March 23'x,
2001. Renewal of this perm it shall be subject to the applicant's performance during that
time period. This permit may be revoked if the conditions are not complied with.
Carried.
2. Permit #98 -Lot 3, Block 3, Plan 2123 -Division 1
Hingley. Gwen -Catering Food Service
Moved by Councillor Stobbs that we approve Home Occupation Permit #98 for a catering
food service to be operated from the residence located on Lot 3, Block 3, Plan 2123 subject
to the following conditions:
1. Tliat this use is classified as a home occupation being a discretionary use within the HR
-Hamlet Residential 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 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
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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 is only for a catering food service at Plan 2123, Block 3, Lot
3. Ifseparate approval from the Public Health Authority is required, the applicant shall
provide a copy of that approval to the Development Officer prior to operating the home
occupation.
8. That this home occupation permit shall be valid for a time period until March 23rd,
2001. Renewal of this perm it shall be subject to the applicant's performance during that
time period. This permit may be revoked if the conditions are not complied with.
Carried.
3. Alberta Development Officers Association Annual Conference -Donation Request
Moved by B. Bergen that we recommend to Council approval of a donation of $250.00 to the
Alberta Development Officers Association for their Annual Conference to be held in
November, 1999 subject to money being available in the planning budget. Carried.
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March 23, 1999 Page 27
13. Land Use Chances
1. Brown, Wayne - Pt. NE 30-16-IS-W4 -Division 4
Agricultural to Country Residential
Moved by Councillor Stobbs that we recommend to Council that they amend Land Use Bylaw
# 1004-90 so that Pt, of NE 30-16-15-W4 be amended from A -Agricultural District to CR -
Country Residential District and that the amendment not be effective until a subdivision plan
is registered at Land Titles Office. Carried.
14 Question Period/Notice of Motion
A question period was held.
15. Adjourn
Moved by E. Stobbs that the meeting adjourn at 11:30 a.m. Carried.
CHA[RMAN
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SECRETARY
March 23, 1999 Page 28